Part 9: Issues affecting Indigenous women
It can be hard for Indigenous women to get Ontario family court orders enforced in First Nations communities. The Chief and Council can decide which laws and orders to enforce on reserve. This includes orders for exclusive possession of the family home, restraining orders, and orders for decision‑making responsibility, parenting time, and support.
Usually, Ontario law decides what should happen to family property. But there are special rules that apply to family property on reserves. Each First Nation can pass its own laws about family property rights. If they do not, there is a federal law about how to divide the value of a family home on a reserve and who can live in the home. This is a complicated area of law. You should get legal advice from a family lawyer who also has experience dealing with issues affecting Indigenous women. See General legal services.
You should tell the judge if you or your partner live on a reserve so they know that there might be different laws that apply and that it might be hard to get your order enforced.
Bands and First Nations, Inuit, or Métis communities may also have special rights to participate in child protection cases if the children are Indigenous. The court must consider things like the importance of preserving the child’s cultural identity when making decisions about Indigenous
children.