MCK served with lawsuit concerning the eviction of members and their non-native spouses

10/31/2014

The Mohawk Council of Kahnawà:ke (MCK) is informing Kahnawa’kehró:non that it has been served with a lawsuit in Quebec Superior Court on October 30, 2014 with respect to “mixed couples” residing in the Territory. The notice was sent by the law firm of Grey Casgrain, s.e.n.c., who are representing a group of seven persons: Waneek Miller; Keith Morgan; Terri McComber; Marvin McComber; John Joseph Barry Stacey; Nancy Montour; and Joseph Lanny Delisle.

This action follows a demand letter (dated September 8, 2014) which accused the MCK of failing to “condemn in firm and decisive language” alleged harassment and, indeed, “even encouraging harassment against mixed couples.”

The Plaintiffs are seeking to obtain several declarations, including that sections 20.1 and 20.2 of the Membership law are unconstitutional under s. 15 of the Canadian Charter of Rights and that non-native spouses are entitled to live in Kahnawà:ke. They are also asking the court to order the MCK to pay each Plaintiff $50,000 with interest for the “violation of their fundamental rights and their dignity as individuals”.

Chief and Council will be meeting to discuss the matter on Monday, November 3rd.

The MCK vigorously defends the interests of the community and its right to create, administer and adopt its own laws regarding membership. The MCK considers statements alleging intolerance and encouragement of harassment to be highly offensive and completely erroneous given its previous public and sustained denunciation of such actions.

Unfortunately, due to the nature of lawsuits, the MCK will be unable to make public statements or comments on the litigation file until the case is completed.

Further, the MCK reminds the Community once again to please remain peaceful and respectful.