Important update on proposed Kahnawake law to counter Canada’s S-2 legislation

03/14/2014

The Mohawk Council of Kahnawà:ke (MCK) wishes to inform the community that the process to create a Kahnawà:ke law to counter Canada’s Family Homes on Reserves and Matrimonial Interests or Rights Act (S-2) is expected to resume shortly.

While the creation of the draft took more time than expected, other issues have arisen that have caused the MCK to consider all options in terms before the draft is formally discussed and debated in the Community Decision Making Process (CDMP).

“Because we’re using the CDMP’s Urgent Process, there was an expectation that we’d be ready to proceed in the New Year,” said Chief Lloyd Phillips who, along with Chief Clinton Phillips, is taking the lead on this file. “There are a number of concerns that had to be discussed at legal and political levels – concerns that needed to be very carefully evaluated to ensure we do what’s right for our community.”

“It’s become clear to the MCK that we need to meet with Canada head-on to address the concerns we have with Canada’s ratification requirements, the off-loading of federal responsibility, and how any of our laws will work in conjunction with the upcoming  Kahnawà:ke Justice Systems Law,” he continued. “We will work harder to inform the community of the importance of the decisions we are making and the road on which we are to take.”

The mandate to proceed with a Kahnawà:ke law to counter Canada’s legislation was given at the Community Consultation on September 25, 2013. The draft law is expected to be made available shortly, and dates for the next meeting(s) will be announced thereafter.

The Federal legislation will come into force on December 16 of this year unless First Nations have their own law in place.