Request for legislation to address Canadian proposed Matrimonial Real Interests law

06/18/2012

The Kahnawà:ke Legislative Coordinating Commission wishes to inform the community that it has received a request to proceed with developing a law to address concerns regarding the Matrimonial Real Interests law, a piece of Canadian legislation that is expected to receive Royal Assent this autumn. It will come into force in the communities one year from the date of Royal Assent.

The proposed Kahnawà:ke law has been recommended to be categorized as one that should be determined using the Community Decision Making Process as a law of general application. Chief & Council have three days to object to the classification; otherwise, it will proceed as such.

Because of the fact that Canada’s legislation will impact Kahnawà:ke as early as autumn 2013, there had been discussion about possibly developing a process to address issues that could be considered as either emergencies or time-sensitive in nature. However, it was decided that Kahnawà:ke’s proposed law would use the standard format for the time being, as it is time-sensitive.

“We believe that the community must move forward with our own law in order to prevent Canada from imposing its laws on our Territory,” said Grand Chief Michael Ahríhron Delisle, Jr. who, along with Chief Clinton Phillips, is the proponent of the Kahnawà:ke law. “We must take action to ensure our collective right is protected against an extreme law such as this. This could have serious long-term effects on Kahnawà:ke regarding our lands and membership.”

The Matrimonial Real Interests law would allow non-Native persons who are spouses/partners with a Native person certain rights on-reserve in the event of the marriage/partnership dissolving, as well as other effects on the community at large.