Kahnawake Family Homes and Matrimonial Interests Law passes unanimously

10/27/2014

The Mohawk Council of Kahnawà:ke wishes to inform the community that the Kahnawà:ke Family Homes and Matrimonial Interests Law (‘Family Homes Law’) was given formal approval through a Mohawk Council Resolution (MCR) at this morning’s Council Meeting.

It was passed unanimously by all twelve Council Chiefs. The file was led from the very beginning by Chiefs Lloyd Phillips and Clinton Phillips.

 “It was hard work, but the community was able to create a Kahnawà:ke law on the matter of the division of property when a marriage or common law relationship ends,” said Clinton Phillips. “In December, Canada’s new Matrimonial Real Interests Law will hand jurisdiction to the provinces – which is completely unacceptable. This is an important day for us.”

“This is the first law to be passed using the Urgent Process of the Community Decision Making Process (CDMP),” said Lloyd Phillips. “The next steps will be to prepare a ‘coming into force’ MCR, then to ensure that Canada is made aware that we are assuming jurisdiction in these matters. So there is still work to be done.”

In accordance with Kahnawà:ke’s legislative procedures, once the Kahnawà:ke Family Homes and Matrimonial Interests Law comes into force it will be re-submitted to the Kahnawà:ke Legislative Coordinating Commission. The Commission will have to ensure that the law re-enters the regular CDMP within a year and a day of the law coming into force.