Nine people added as Plaintiffs in lawsuit concerning Residency non-eligibility

01/14/2015

The Mohawk Council of Kahnawà:ke (MCK) is informing Kahnawa’kehró:non that it has received an Amended Motion to add nine additional Plaintiffs in the litigation that was served on October 30, 2014 with respect to “mixed couples” residing in the Territory. The Motion was received yesterday (Tuesday, January 13, 2015).

The notice was sent by Grey Casgrain, s.e.n.c., the law firm that also represents the original group of seven Plaintiffs. The additional Plaintiffs are Marie Stacey, Neka McComber, Omelis Rivero Lopez, Brenda Fragnito, Christopher Fragnito, Skawennati Tricia Fragnito, Nicholas Fragnito, Louie Fragnito and Elizabeth Curotte.

The Plaintiffs are seeking to obtain several declarations, including that sections 20.1 and 20.2 of the Kahnawà:ke Membership Law are unconstitutional under section s.15 of the Canadian Charter of Rights and Freedoms, and that non-Native spouses are entitled to live in Kahnawà:ke. Furthermore, the Plaintiffs wish to have the second draft of the modifications to the Kahnawà:ke Membership Law (as published on December 11, 2014 on the MCK website) declared invalid if it is ratified by the time of the hearing. As stated earlier, the Plaintiffs are also asking the Quebec Superior Court to order the MCK to pay each of them $50,000 with interest for the “violation of their fundamental rights and their dignity as individuals.”

The MCK reminds the community that it will vigorously defend the interests of the community and its right to create, adopt and administer its own laws regarding membership. The MCK considers statements alleging intolerance and encouragement of harassment to be both completely erroneous and highly offensive given its previous and consistent denunciation of such actions.