MCK makes formal request to use CDMP urgent law-making provisions as Feds pass S-2

06/12/2013

The Mohawk Council of Kahnawà:ke (MCK) wishes to inform the community that a formal request has been made to the Kahnawà:ke Legislative Coordinating Commission to use the ‘Urgent Law Making’ provisions in the Community Decision Making Process (CDMP) to begin immediate development of a Kahnawà:ke law to counter the Federal  Family Homes on Reserves and Matrimonial Interests or Rights Act (known as S-2).

The request was made on behalf of Chiefs Clinton Phillips and Lloyd Phillips, who have been working on the S-2 file.

The contentious legislation passed third reading in the House of Commons yesterday by a vote of 149-125. S-2 will come into force one year after it receives Royal Assent, which is the final formal step in the process. At that time it will be imposed on communities that don’t have their own laws to counter it.

“We are greatly concerned that this issue is more about the erosion of jurisdiction than about the protection of rights,” said Grand Chief Michael Ahríhron Delisle Jr.  “S-2 will only complicate issues by granting Provincial courts the jurisdiction to rule on applications made regarding occupation of lands on reserves, which is dangerous and unacceptable.”

“The Harper Conservatives continues to act with little or no regard to the concerns expressed by Native people, governments and organizations,” he concluded. “While we are confident our community will come together to create our own legislation, it is difficult to express the level of outrage we feel over the level of paternalism they continue to exhibit in dealing with Native people.”

The Urgent Law-Making provision of the CDMP allows for an accelerated process in cases that are deemed of a time-sensitive nature. By regulation, any legislation that is passed using this process must still go through the ‘regular’ CDMP upon completion.