Amendments to MCK Disciplinary Measures Regulations now online

05/10/2018

The Mohawk Council of Kahnawà:ke (MCK) wishes to advise the community that amendments to the Mohawk Council of Kahnawà:ke Disciplinary Measures Regulations were passed unanimously by Chief & Council at this past Monday’s Council Meeting. The amended version is now in force and is available for viewing on the Documents page at www.kahnawake.com.

The amendments, presented by MCK Justice Services, were made to improve the complaints process, primarily in the areas of intake and processing. Among the changes:

• Consistency with terminology with the MCK Election Law;
• Who may make a complaint under the Regulations;
• The intake process for complaints;
• Clarity on the 30-day prescription period;
• What “frivolous, vexatious, or clearly without merit” means in the Regulations;
• That the parties may extend the period to a maximum of ninety (90) days;
• That the parties may waive their right to recuse the Arbitrator;
• Inclusion of a ‘Provisional measures and safeguards’ section;
• The eligibility criteria to be appointed as Complaints Officer or Alternate Complaints Officer;
• Transfer of the qualifications needed to be a Complaints Officer or Alternate Complaints Officer into a terms of reference
• A Complaints Officer will be appointed by the Kahnawà:ke Justice Commission for the upcoming Council term (2018-2021).

A discussion of the potential election (rather than appointment) of a Complaints Officer for the 2021-2024 term is tentatively scheduled for this September.