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Aamjiwnaang

Matrimonial Real Property Law Survey

Polling completed November 22, 2018
Total number of voters: 71 (4% showed)
Polling stations reporting: 1 of 1
Voting Method Number Of Ballots
Vote In Person 0
Vote Electronic 71

Do you know what the federal Family Homes on Reserves and Matrimonial Rights or Interest Act is? (“FHRMRA Act”)

Option Survey Manually Completed Electronic Total Votes
YES 7 29 36
NO 8 42 50
Spoiled 0 0 0

Did you know that the federal FHRMRA Act is currently the law for Aamjiwnaang?

Option Survey Manually Completed Electronic Total Votes
YES 8 28 36
NO 7 43 50
Spoiled 0 0 0

If so, do you understand the rules under the federal FHRMRA Act and how they apply to Aamjiwnaang?

Option Survey Manually Completed Electronic Total Votes
YES 6 14 20
NO 8 57 65
Spoiled 1 0 1

Did you know that the rules under the federal FHRMRA Act apply both to married couples as well as “common-law” couples, meaning couples who have lived together in a conjugal relationship for at least 1-year?

Option Survey Manually Completed Electronic Total Votes
YES 7 35 42
NO 8 36 44
Spoiled 0 0 0

Did you know that under Ontario law, a non-status couple off-reserve is typically only considered “common-law” after they have lived together in a conjugal relationship for at least 3-years, or if they are the parents of a child together and are in a relationship of some permanence?

Option Survey Manually Completed Electronic Total Votes
YES 7 43 50
NO 8 28 36
Spoiled 0 0 0

In your opinion, if Aamjiwnaang were to pass its own custom MRP law, should it also apply both to married couples as well as “common-law” couples who have lived together in a conjugal relationship for at least 1-year?

Option Survey Manually Completed Electronic Total Votes
YES 8 43 51
NO 6 28 34
Spoiled 1 0 1

If not, do you think it should take longer for common-law status to take affect? For example, should common-law status only take affect after at least 2 or 3 years, or if the couple are the parents of a child together and are in a relationship of some permanence?

Option Survey Manually Completed Electronic Total Votes
YES 10 45 55
NO 4 26 30
Spoiled 1 0 1

Did you know that under the federal FHRMRA Act (which currently applies to Aamjiwnaang), when a conjugal relationship breaks down, each spouse or common-law partner is generally entitled to one-half (1/2) of the value of the family home?

Option Survey Manually Completed Electronic Total Votes
YES 8 43 51
NO 7 28 35
Spoiled 0 0 0

Do you think this is a fair way to divide matrimonial assets between a couple after the breakdown of their relationship?

Option Survey Manually Completed Electronic Total Votes
YES 11 40 51
NO 4 31 35
Spoiled 0 0 0

Did you know that under the federal FHRMRA Act, after the death of a spouse or common-law partner, the surviving spouse or common-law partner is entitled to continue living in the family home for an additional 180 days (or approximately 6 months) whether or not the surviving partner is a member or a status Indian?

Option Survey Manually Completed Electronic Total Votes
YES 7 36 43
NO 8 35 43
Spoiled 0 0 0

In your opinion, should a surviving spouse or common-law partner be able to continue living in the family home for longer than 180 days?

Option Survey Manually Completed Electronic Total Votes
YES 12 51 63
NO 3 20 23
Spoiled 0 0 0

Did you know that under the federal FHRMRA Act (which currently applies to Aamjiwnaang), if there is suspected family violence or domestic abuse, a spouse or common-law partner can obtain an Emergency Protection Order which requires the suspected abuser to immediately vacate the family home, and allows the suspected victim(s) to exclusively occupy the home for up to 90 days?

Option Survey Manually Completed Electronic Total Votes
YES 8 31 39
NO 7 40 47
Spoiled 0 0 0

In your opinion, if Aamjiwnaang were to pass its own custom MRP law, should it include similar protections for suspected victims of family violence?

Option Survey Manually Completed Electronic Total Votes
YEs 13 69 82
NO 1 2 3
Spoiled 1 0 1

Did you know that under the federal FHRMRA Act (which currently applies to Aamjiwnaang), a spouse or common-law partner can be granted an Exclusive Occupation Order, which allows them to exclusively live in the family home and requires the other partner to vacate the home for either a short or long-term period of time (for example, if there is suspected family violence, if such an Order is in the best interests of any children, or if there are other exceptional circumstances)?

Option Survey Manually Completed Electronic Total Votes
YES 8 37 45
NO 7 34 41
Spoiled 0 0 0

If Aamjiwnaang were to pass its own custom MRP law, should it include something similar to these Exclusive Occupation Orders, which in exceptional circumstances would allow one partner to continue living in the home, and require the other partner to vacate the home?

Option Survey Manually Completed Electronic Total Votes
YES 13 66 79
NO 1 5 6
Spoiled 1 0 1

If Aamjiwnaang were to pass its own custom MRP law, should it include a Dispute Resolution mechanism whereby family disputes will be resolved through an internal process set-up within the community, and only go to the outside courts in the event of an appeal?

Option Survey Manually Completed Electronic Total Votes
YES 9 62 71
NO 6 9 15
Spoiled 0 0 0

Are you aware that enacting our own custom MRP law could involve considerable financial costs (including, for example, legal costs and costs involved with running the program, resolving family disputes under the new law, etc.)?

Option Survey Manually Completed Electronic Total Votes
YES 10 48 58
NO 5 23 28
Spoiled 0 0 0

If so, do you think it is worth spending this money in order to have our own MRP law on-reserve?

Option Survey Manually Completed Electronic Total Votes
YES 9 47 56
NO 5 24 29
Spoiled 1 0 1

Should Aamjiwnaang develop its own custom MRP law to replace the federal rules on-reserve?

Option Survey Manually Completed Electronic Total Votes
YES 11 55 66
NO 4 16 20
Spoiled 0 0 0

Should Aamjiwnaang continue to be governed by the federal government’s rules?

Option Survey Manually Completed Electronic Total Votes
YES 5 17 22
NO 10 54 64
Spoiled 0 0 0
For more information or assistance in regards to this voting event please contact an officer:
Sandy Waring (Ratification Officer)
  • Email: swaring@aamjiwnaang.ca