Nelligan News
Reading Time: < 1 minute

Our very own Lanise Hayes was recently quoted in the Law Times article “Indian Act ‘paternalistic’ on will-making”.

Lanise Hayes Quoted in the Law TimesThe article discussed Wills for Indigenous Canadians subject to the Indian Act who live on reserves. Rather than falling under provincial estates legislation, for these individuals the Indigenous and Northern Affairs Canada (INAC) estates program governs the settling of their estates.

This is in the context of Bill S-3, An Act to amend the Indian Act (elimination of sex-based inequities in registration), which has passed third reading. Currently, the Indian Act prevents certain people from having their name entered in a Band List. This bill aims to remove sex-based discrimination in the Act, and will potentially increase the number of people who are entitled to be registered under the Act.

This change of status may benefit some people. As Lanise says in the article: “The provincial regime to which all Canadians in their respective provinces are subject when it comes to testamentary issues may not work well in a reserve or an Indian setting because of the fact that there are rules at times about who can reside in a First Nations community”.

You can read the full article here.

This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. © 2021 Nelligan O’Brien Payne LLP.

Have Questions?

Enjoy this article?
Don’t forget to share.
Share on facebook
Share on twitter
Share on linkedin
Share on email

Related Posts

Family Law
Reading time: 3 mins
Domestic Violence and Family Law
This November 25th is the International Day for the Elimination of Violence Against Women, and the beginning of a 16-day[...]
Family Law
Reading time: 3 mins
Vaccine Hesitancy and Parenting
The term “vaccine hesitancy” refers to delay in acceptance of a vaccine, or the refusal of vaccination services after they[...]
Employment Law for Employees
Reading time: < 1 mins
Ability to Pay and its Impact on Reasonable Notice Awards
One of the most common questions our Employment Law Group hears is the following: Is this termination package fair? There[...]