Derrickson v. Derrickson, [1986] 1 S.C.R. 285 (1986)

Extract

---

Derrickson v. Derrickson, [1986] 1 S.C.R. 285 (1986)

Derrickson v. Derrickson, [1986] 1 S.C.R. 285

Rose Derrickson Appellant;

and

William Joseph Derrickson Respondent;

and

The Attorney General of Canada, the Attorney General of British Columbia and the Attorney General for Ontario Interveners.

File No.: 18712.

1985: November 6, 7; 1986: March 27.

Present: Dickson C.J. and Beetz, McIntyre, Chouinard, Lamer, Le Dain and La Forest JJ.

on appeal from the court of appeal for british columbia

Constitutional law -- Indians and lands reserved for Indians -- Provincial legislation dealing with the division of family assets not applicable to Indian reserved lands -- Right of ownership or possession of lands on an Indian reserve within federal exclusive jurisdiction -- Constitution Act, 1867, s. 91(24) -- Family Relations Act, R.S.B.C. 1979, c. 121, ss. 43 to 55 -- Indian Act, R.S.C. 1970, c. I-6, ss. 18, 20, 24.

Indians -- Reserved lands -- Division of matrimonial property following divorce -- Conflict between federal Indian Act and provincial legislation dealing with the division of family assets -- Provincial legislation not applicable to Indian reserved lands -- Family Relations Act, R.S.B.C. 1979, c. 121, ss. 43 to 55 -- Indian Act, R.S.C. 1970, c. I-6, s. 88.

Family law -- Division of matrimonial property following divorce -- Application under provincial legislation for declaration of interest in Indian lands -- Provincial legislation not applicable to Indian reserved lands -- Compensation in lieu of division of property awarded -- Family Relations Act, R.S.B.C. 1979, c. 121, ss. 43 to 55 -- Indian Act, R.S.C. 1970, c. I-6, ss. 18, 20, 24, 88.

The parties, husband and wife, are members of an Indian Band located in British Columbia. The appellant brought a petition for divorce and made an application under Part 3 of the Family Relations Act for one-half of the interest in the properties for which her husband held Certificates of Possession issued pursuant to s. 20 of the Indian Act, or for compensation in lieu of division. The Supreme Court of British Columbia dismissed the applicat...

See the full content of this document

---