Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 16
Order of designated judge 16 (1) On ex parte application by a spouse or common-law partner, a designated judge of the province in which the family home is situated may make an order for a period of up to 90 days that contains one or more of the provisions referred to in subsection (5) and that is subject to any conditions that the judge specifies, if the judge is satisfied that (a) family violence has occurred; and (b) the order should be made without delay, because of the seriousness or urgency of the situation, to ensure the immediate protection of the person who is at risk of harm or property that is at risk of damage. Applicant (2) The spouse or common-law partner may make the application even if that person has been forced to vacate the family home as a result of family violence. Acting on behalf of applicant (3) A peace officer or other person may also make the application on behalf of the spouse or common-law partner with that person’s consent, or if that person does not consent, with leave of the designated judge granted in accordance with the regulations. Considerations (4) In making the order, the designated judge must consider, among other things, (a) the history and nature of the family violence; (b) the existence of immediate danger to the person who is at risk of harm or property that is at risk of damage; (c) the best interests of any child in the charge of either spouse or common-law partner, including the interest of any child who is a First Nation member to maintain a connection with that First Nation; (d) the interests of any elderly person or person with a disability who habitually resides in the family home and for whom either spouse or common-law partner is the caregiver; (e) the fact that a person, other than the spouses or common-law partners, holds an interest or right in or to the family home; (f) the period during which the applicant has habitually resided on the reserve; and (g) the existence of exceptional circumstances that necessitate the removal of a person other than the applicant’s spouse or common-law partner from the family home in order to give effect to the granting to the applicant of exclusive occupation of that home, including the fact that the person has committed acts or omissions referred to in subsection (9) against the applicant, any child in the charge of either spouse or common-law partner, or any other person who habitually resides in the family home. Content of order (5) The order may contain (a) a provision granting the applicant exclusive occupation of the family home and reasonable access to that home; (b) a provision requiring the applicant’s spouse or common-law partner and any specified person who habitually resides in the family home — whether or not they are First Nation members or Indians — to vacate the family home, immediately or within a specified period, and prohibiting them from re-entering the home; (c) a provision directing a peace officer, immediately or within a specified period, to remove the applicant’s spouse or common-law partner and any specified person who habitually resides in the family home — whether or not they are First Nation members or Indians — from the family home; (d) a provision prohibiting any person who is required to vacate the family home under a provision referred to in paragraph (b) from attending near the family home; (e) a provision directing a peace officer, within a specified period, to accompany the applicant’s spouse or common-law partner or any specified person to the family home or other location in order to supervise the removal of personal belongings; and (f) any other provision that the designated judge considers necessary for the immediate protection of the person who is at risk of harm or property that is at risk of damage. Notice of order (6) Any person against whom the order is made and any person specified in the order are bound by the order on receiving notice of it. Service by peace officer (7) A peace officer must serv