The appellant and respondent, members of an Indian Band, divorced.
The appellant sought a division of family assets under the provincial Family Relations Act, specifically claiming an interest in properties on the reserve for which the respondent held Certificates of Possession under the Indian Act.
The Supreme Court of Canada held that provincial laws regarding the right of ownership and possession of immovable property cannot apply to Indian reserve lands, as this falls under exclusive federal jurisdiction.
Furthermore, the provincial provisions were not referentially incorporated by section 88 of the Indian Act due to actual conflict with the federal statute.
However, the Court affirmed that the appellant could be awarded compensation in lieu of a division of the reserve properties, as a compensation order does not conflict with the Indian Act.
