Chippewas of Nawash Matrimonial Real Property Law Creation, Part 4

Survey, Part 4

Instructions:

Please read each question carefully.
Please answer each question. If you have any questions about this survey, please feel free to contact Nuala Robinson, the MRP Coordinator, at the band office (519-534-1689) or by cell (519-379-8414).
Please provide any comments or suggestions you may have in the space provided at the end of the survey.

The questions are grouped as follows:

Domestic Contracts - questions 25, 26, and 27
Role of Chief and Council for Court Applications - questions 28 and 29
Enforcement - questions 30, 31, and 32
Appeals - question 33
Dispute Resolution - question 34

Thank you for your time!

Question Title

* 1. 25. How should the First Nation be involved with private domestic contracts that involve Matrimonial Real Property?

Private domestic contracts to be approved and filed by Chief & Council prior to being utilized

Private domestic contracts to be addressed by First Nation when court tells them about an application

Private domestic contracts will not be accepted in our First Nation

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* 2. 26. Should a list of limitations/rules be set on what can be agreed to in a domestic contract?

Yes

N/A

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* 3. 27. When applying for residency, should a standard domestic contract be signed by a non-member to deal with reserve land and matrimonial real property (i.e. agreeing to pay mortgages, no claims, etc.)?

Yes

N/A

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* 4. 28. Currently the federal law allows the Chief and Council the right to attend court in divorce proceedings to present the community's position on reserve land issues. Do you want this arrangement in our own law?

Yes

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* 5. 29. If Chief and Council are to attend court in matters of band member proceedings, should they have a designate (staff) that addresses the court applications that are submitted to them?

Yes

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* 6. 30. What would the penalty be if a non-band member breaches this law? Check all that apply.

Be subject to intervention by Chief and Council and possible 'undesirable' status

Court sentence

Loss of rights (i.e. exclusive occupation arrangements)

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* 7. 31. Once our Marital Real Property Law is in place, how often should Chief and Council review it?

Every ten (10) years

Every five (5) years

More often than every five (5) years(please specify)

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* 8. 32. It is a requirement that the law have an amendment procedure in the law itself. Once the Marital Real Property Law is in place, how can it be amended? Check all that apply.

Scheduled review by band council (or designate)

Band council-initiated review, to address continuous problems with the law

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* 9. 33. How long does an individual have to appeal a decision made according to our own First Nation Marital Real Property Law?

15 days

30 days

Other (please specify)

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* 10. 34. In future, do you think it would be beneficial to have a First Nation dispute resolution process created (as an alternate tool with court option still available), to address disputes between spouses in relation to the Matrimonial Real Property?

Yes

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* 11. Please provide any other questions or comments you may have.

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* 12. Name and Member number

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* 13. If you would like to receive a thank you gift for participation, please fill out the following:

Name

Address

Address 2

City/Town

Province/State

Postal/Zip Code

Country

Phone Number