Yes, there is a grey zone.
There is federal legislation that governs lands and Indians. This is called the Indian Act and it was made in 1876. Under that act, one-third of 1% of all of the land in Canada falls under the jurisdiction of the Indian Act. The lands are held in trust by the federal government so that individual Indians living on Indian reserves cannot sell that land. It's communally held.
When it comes to women, if, for instance, through domestic violence or marital breakdown or whatever, the woman is forced to leave the home, that grey area means that she usually has to leave the reserve and seek shelter elsewhere. I also realize that there are matrimonial property laws that exist but I'm not familiar with how those work, which first nations have accepted them, and which have not. My experience with women who have undergone family conflict is that they are often shunned, ostracized and made fun of. They will leave the reserve and the typical reasons will be for medical services, employment, education or just plain because they are homeless. They end up going to cities and towns looking for accommodation, and they try to restructure their lives.
What you have are patriarchies that function according to the way the Indian Act operates. There is such a high prevalence of this that any other viewpoint is discarded. An example of that viewpoint is the concept of indigenous allodial land title. What this means is that indigenous people hold original title or underlying title to their lands, irrespective of any foreign government that came as recently as 150 years ago and imposed it.
The women who are evicted from their homes have every right to live on the other 99% of the land because that's still their land too. This is the kind of view that we're adopting, accepting and starting to work with.
Again, I don't know if that helps, but that's what I'm thinking. Thanks.
