RCMP don't need the chief's permission

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Dear Tuma:

Is it true that the RCMP need to have the permission of the chief before they can come onto the reserve and search your home?

Knocking At My Door!

Dear Knocking:

No, the RCMP does not need the permission of the chief or council prior to searching your home. What the RCMP (or any other police force) need is permission from a Justice of the Peace. The process is that if the RCMP believes that someone or something is in your house that relates to a crime, they will swear out an information before a Justice of the Peace who will then issue a search warrant. I have heard this rumour before and I believe it stems from the fact that sometimes the local constable would go to the chief's house to find out where someone lived on the reserve.

Dear Tuma:

Can I sue the band office if I don't get a bed from the welfare office?

Denied in Nova Scotia

Dear Denied:

What you can do is appeal the decision of the Social Development Officer (welfare officer). You can first ask to see and speak to the supervisor. If you still want to take it further, you can appeal to the chief and council. Still no bed, you can appeal to the regional office of Indian Affairs and you can even take it all the way up to the Minister of Indian Affairs' office in Ottawa. You do have the right to be represented by a lawyer at your appeals and you should check with legal aid to see if you qualify.

Dear Tuma:

My aunt died and left me the house on the reserve. The band tells me that I cannot inherit because I'm not a band member. Why can't I have the house?

Can't Take It With Me!

Dear Can't:

Only a band member can inherit an interest in property. Any interest in reserve land belongs to the whole band and only band members can give, sell, will or inherit land or property on a reserve. What you can do is to tell the band that you would like your aunt's interest in the house sold (to either the band or to another band member) and net proceeds given to you as a beneficiary under the will.

Dear Tuma:

My ex, who is now working on a fishing boat, refuses to give me any money for the kids. What can I do?

Fishing for Money

Dear Fishing:

Raising a child is expensive and you need all the help you can get. You can file for child support in court and get an order for child support. The court will determine how much the support will be based on a number of factors, the primary one being the amounts set out in the Child Support Guidelines. If the income is tax exempt then the court can also impute a higher amount of income and calculate a higher amount of child support. Some provinces have maintenance enforcement programs and failure to pay child support can result in the loss of a person's driving license, seizure of bank accounts, or garnishment of wages.

Dear Tuma:

I'm planning on having the biggest wedding this reserve will ever see, complete with fireworks and a wedding planner (and will invite you to come), but my bride wants me to sign a prenuptial agreement. Do I have to sign?

Love is Grand

Dear Love:

A prenuptial agreement is where both the bride and groom decide what will happen to their possessions, money and financial support in the event something happens to the relationship. There are different types of prenuptial agreements as there are brides and grooms and I cannot say whether you should sign or not. It all depends on what is in the agreement and your own personal circumstances. Many folks will say that they have nothing, but "nothing" can add up pretty quickly. Remember: Love is grand but divorce is 20 grand.

This column is not intended to provide legal analysis or opinion of your situation. Rather this column is meant to stimulate discussion and create awareness of various situations where you should contact a lawyer. If you have a question you would like to see addressed in this column, please email me at: tyoung@patttersonpalmer.ca. Tuma Young is an associate with the Truro office of the law firm of Patterson Palmer, Truro, N.S. andpractices in Aboriginal law and personal litigation.