Kahnawake Family Homes and Matrimonial Interests Law passes unanimously

10/27/2014

The Mohawk Council of Kahnaw�:ke wishes to inform the community that the Kahnaw�: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 Kahnaw�: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 Kahnaw�:ke�s legislative procedures, once the Kahnaw�:ke Family Homes and Matrimonial Interests Law comes into force it will be re-submitted to the Kahnaw�: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.