Joint Presentation Renewed Relationship between the Mohawks of Kahnawake and the Government of Canada

Table of Contents

Introduction

The Context

Draft Umbrella Agreement

Key Elements

  • Provides framework for renewed relationship based on trust and mutual respect
  • Forms the basis for legislation entitled Canada-Kahnawake Intergovernmental Relations Act, which establishes a process to gradually replace the application of the Indian Act on Kahnawake Territory
  • Makes provisions for a Kahnawake Charter, based on Mohawk customs and traditions, which will establish rules governing the Mohawk Government of Kahnawake in areas such as:
    • democratic form of governance
    • law-making process
    • leadership selection
    • accountability
    • conflict of interest rules
    • rights of appeal and redress
  • Lists 27 areas of jurisdiction and/or authority set out in Sub- Agreements to be negotiated over the next 5 years
    • Within these areas of jurisdiction, Kahnawake will make laws and Canada will have no role in approving these laws.
  • Establishes processes that will give effect to Sub-Agreements
  • The draft Umbrella Agreement also covers:
    • Relationship of laws
    • Establishment of a Canada/Kahnawake Commission
    • Dispute resolution mechanisms
    • Basic protections for individual and collective rights
    • Interim provisions for administration of justice
    • Continuation of the fiduciary relationship
    • Financial relationship between Canada and Kahnawake (government-to-government relationship)

Sub-Agreements

Key Elements

  • A Sub-Agreement covers:
    • Description of the jurisdiction and/or authority to be exercised by Kahnawake
    • Specific rules for resolving conflicts between laws
    • Identification of those Indian Act provisions that will no longer apply
    • Ratification procedures
  • Four draft Sub-Agreements have been negotiated to date

Draft Sub-Agreement

Education, Mohawk Language and Culture

  • Kahnawake has jurisdiction within its Territory:
    • Primary, secondary and special education, including the continuing ability of students to transfer between education systems
    • Administration of post-secondary support funding
    • Preservation, enhancement and promotion of Mohawk language and culture
  • Once this sub-agreement is in effect, Kahnawake will make the decisions with respect to education, Mohawk language and culture
  • In the event of a conflict, Kahnawake laws in relation to education will prevail over federal laws in relation to First Nations Education.
  • In the event of a conflict, Kahnawake laws in relation to Mohawk language and culture will prevail over federal laws in relation to First Nation languages and culture.
  • The provisions of the Indian Act dealing with this sub-agreement will no longer apply to Kahnawake.

Membership

  • Mohawk Government of Kahnawake has jurisdiction on membership.
  • Once this sub-agreement is in effect, Kahnawake will make the decisions with respect to membership
  • In the event of a conflict, Kahnawake laws in relation to membership will prevail over federal laws in relation to First Nation membership.
  • Any person entitled to be registered as an Indian under the Indian Act will continue to be registered by the Registrar of the Department of Indian Affairs and Northern Development.
  • The provisions of the Indian Act dealing with membership will no longer apply to Kahnawake.

Lands

  • Mohawk Government of Kahnawake has jurisdiction over its lands including:
    • Development
    • Management
    • Use
    • Possession
  • Once this sub-agreement is in effect, Kahnawake will make the decisions with respect to lands
  • In the event of a conflict, Kahnawake laws in relation to lands will prevail over federal laws in relation to lands reserved for or under the control of a First Nation community.
  • The provisions of the Indian Act dealing with this sub-agreement will no longer apply to Kahnawake.

Policing Aspects of the Administration of Justice

  • Kahnawake has jurisdiction over the administration of police on its Territory including:
    • Establishment or maintenance of a police force
    • Recruitment, appointment and swearing-in of members of the police force
    • Establishment of mechanisms for independence, accountability and management of the police force
  • Maintains existing agreements and protocols between Kahnawake, Canada and Quebec, and promotes mutual assistance between police forces
  • Dispute mechanism as specified in the Umbrella Agreement

Next Steps

The Benefits

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