In the recent case of Toney v. Toney Estate, 2018 NSSC 179, the
Supreme Court of Nova Scotia considered an application by the
spouse of a deceased former band Chief seeking exclusive occupation
of property located on reserve lands held by the federal Crown in
trust for the exclusive benefit of a First Nation band. The
applicant was not a band member and not an
Indian.1
The applicant was married to her spouse, who was an Indian band
member at the time of his death. The couple had lived together for
32 years at the property in question. The applicant's deceased
spouse had held a Certificate of Possession for the property, which
he left to the applicant in his will. On her spouse's death,
the applicant was not eligible, due to her non-Indian and non-band
member status, to inherit the assignment of the Certificate of
Possession. She applied to the Court under the Family Homes on
Reserves and Matrimonial Interests or Rights Act for an order
for indefinite exclusive
