October 11, 2019 – Lands Covered by Indian Act

“On the authority of the Supreme Court of Canada’s decision in Derrickson v. Derrickson1986 CanLII 56 (SCC)[1986] 1 S.C.R. 285 and its progeny, neither this court nor the application judge in this case have authority to make any order concerning possession, ownership or disposition of property on a reserve that, like the property at issue here, is governed by the provisions of the Indian Act, S.C. c. I-5.

Accordingly, to the extent that paragraph 7 of the application judge’s order dated October 14, 2011 is intended to address ownership or possession of the former matrimonial home, this part of his order cannot stand.  For the same reasons, all other aspects of the relief sought by the appellant must be denied.”

Syrette v. Syrette, 2012 ONCA 693 (CanLII) at 4-5