The parties, members of an Indian Band, separated.
The appellant wife was granted interim possession of the matrimonial home situated on the Band Reserve under section 77 of the provincial Family Relations Act.
The respondent husband had acquired the land by way of a Certificate of Possession under section 20 of the federal Indian Act.
The Supreme Court of Canada held that section 77 of the Family Relations Act is not applicable to a family residence located on Indian reserved lands, as it conflicts with the provisions of the Indian Act.
