Chippewas of Nawash Matrimonial Real Property Law Creation, Part 2

Survey Part 2

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 on the last page.

The questions are grouped as follows:

Rights of Occupation of the Matrimonial Home at Death of Spouse - questions 12, 13, and 14
Emergency Protection Orders - questions 15, 16, 17, 18, and 19

Thank you for your time!

Question Title

* 1. 12. Should the non-member spouse have a right to reside in the matrimonial home after their member spouse dies?

Yes

Other (please specify)

Question Title

* 2. 13. If the non-member spouse is allowed to live in the home after their member spouse dies, how long should they be allowed to reside there immediately after the death?

2 months

6 months

Longer

As long as the spouse is guardian of their band-member children

Other (please specify)

Question Title

* 3. 14. What if there is a band mortgage or lease or rent agreement on the home? Who will pay these monthly fees after the death of a spouse?

The estate (if able)

Surviving spouse (as their rent) until such time that heirs occupy the home

Heirs

Depends on who is living in the home

Other (please specify)

Question Title

* 4. 15. What rights to you want to give spouses at the start of an Emergency Protection Order? (Check all that apply.)

Emergency Funding

Police Protection

Habitation in the home

Court Ordered Restraining Order

Other (please specify)

Question Title

* 5. 16. How long will the Emergency Protection Order last?

Until order is restored

Until the court has ruled

Other (please specify)

Question Title

* 6. 17. What will the court consider when deciding a request for an Emergency Protection Order?

Need for police protection (domestic violence, children, etc.)

No court involvement, First Nation will control

Other (please specify)

Question Title

* 7. 18. In the event that an Emergency Protection Order expires for a non-member spouse, do you want that non-member spouse to be able to apply for an exclusive occupation order (longer time to exclusively reside in the home) for the on-reserve home?

Yes, automatically

Yes, by agreement with the First Nation

Other (please specify)

Question Title

* 8. 19. What types of things should be considered when deciding on ordering an exclusive occupation order after an Emergency Protection Order expires? Check all that apply.

Best interests of the child(ren)

Interests of elderly occupying in the home

Terms of agreement between spouses

Financial situation(s)

Collective interests of First Nation (council input)

Medical issues of applicant(s)

History of family violence or abuse

Other (please specify)

Question Title

* 9. Please provide any comments or questions you may have.

Question Title

* 10. Name and Member Number

Question Title

* 11. Please provide your email address here if you would like to receive specific information on the Family Homes on Reserves and Matrimonial Interests or Rights Act with respect to the questions in this survey.

Question Title

* 12. 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