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Mohawk Council of Kahnawá:keTsi nahò:ten kahiatónnion a'arákonEnsaié:nawaseOnhkharéhson Aionkhihsnoé:nen
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Mohawk Council of Kahnawà:ke Mohawk Council of Kahnawà:ke
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Listen to the K103 Talkshow on Residency

Kahnawà:ke Residency Law FAQs

Kahnawà:ke Residency Law FAQs


Final 7 Regulations for the Kahnawà:ke Residency Law

POSTED - September 30, 2020

Regulation 1 - Custom Code - FINAL
Regulation 2 - Community Review Board - FINAL
Regulation 3 - Confidentiality Agreements - FINAL
Regulation 4 - Oath Regulation - FINAL
Regulation 5 - Applications for Authorization and Permission - FINAL
Regulation 6 - Complaints - FINAL
Regulation 7 - Respecting Language and Culture - FINAL


Residency Notice sent to Community

June 10, 2020

The Mohawk Council of Kahnawà:ke (MCK) wishes to advise the public that it has issued a Notice regarding the upcoming finalization of Kahnawà:ke Residency Law Regulations and actions related to the Law. Click here to view the Notice.


Enactment of Draft Regulations for the Kahnawake Residency Law

05/27/2020

The Kahnawà:ke Legislative Coordinating Commission (KLCC) wishes to advise the community that no comments were received for the Kahnawà:ke Residency Law (KRL) Draft Regulations during the 30-day review period that ended on May 8, 2020.

The KRL Draft Regulations will now move to Phase III for Enactment, then posted under the Legislative Listing page online at www.kahnawakemakingdecisions.com, the Community Decision Making Process website.


Notice of Enactment of the Kahnawake Residency Law

06/24/2019

The Kahnawà:ke Legislative Coordinating Commission wishes to advise the community that the Kahnawà:ke Residency Law was enacted at a duly convened Council meeting held 17, Ohiarí:ha/June 2019.The Kahnawà:ke Residency Law was passed via Mohawk Council Resolution #1/2019-2020. The Confirmation of the Will of the People was signed by all twelve (12) Chiefs in Council.

The final version of the Kahnawà:ke Residency Law is now published and can be found at www.kahnawakemakingdecisions.com, the Community Decision Making Process website.


Draft Residency Law Presentation

March 13, 2019

To view the You could also view the Powerpoint Presentation here

Survey results for proposed Residency Law released

The survey was conducted over several weeks beginning in late December 2016 and concluded earlier this month. The goal was to gauge community opinion on matters related to residency.

The results can be viewed in the attachment below:

- Residency Survey Results - April 2017

Residency in Kahnawá:ke

Action Plan regarding non-Natives illegally residing in Territory

On June 1, 2015, Chief & Council formalized and unanimously approved an action plan to address the issue of non-Natives residing illegally within the Territory.

The immediate goal of the plan is to engage the community in finding peaceful solutions to this issue as well as confirming the will of the people regarding Membership and Residency.

At a Chief & Council discussion on Friday, August 7th, it was decided that the 4th point "Conduct a referendum on the principle of non-Native residency" would no longer be necessary as part of the plan. The formal announcement that no referendum would be held was made on August 12th, 2015. Aside from the removal of that point, the remainder of the plan is unchanged.

Frequently Asked Questions

When people apply from another reserve, will they be entitled to property?

Only those recognized on the Kahnawà:ke Kanien’kehá:ka Registry can own land.


If someone has a complaint about a person, what’s the process?

Not in place yet, but the process will be done by filling out a complaint form with the Office of the KKR. Coming in the Fall 2020


How would anyone know someone is not from the Community?

The Registrar will know who has a right to live here.


Can those who stayed after 1981 reside here now?

They can apply for residency and if they meet the criteria, yes. They would have to meet the criteria.


Will there be opportunities to change things in the Residency Law?

The Kahnawà:ke Residency Law will be entering into the CDMP process later this year.


What’s the difference between Membership and Residency?

They’re linked. Those recognized on the Kanienkehaka of Kahnawake Registry can live here automatically. Those who do not meet the criteria for recognition under the KKL can apply for Residency, however residency does not entitle a person to all services provided by the MCK.


How will Residency be enforced?

Kahnawake Justice, Community Review Board and likely a bailiff.


Are you worried about lawsuits?

We’ve been dealing with that forever.


Is this a racist law?

No. This law is meant to help with the preservation of Kanien’kehá:ka of Kahnawà:ke, not to be racist. Everytone will have the opportunity to apply, and have the possibility to reside on the territory provided they meet the criteria of the Law.


What will you do if someone evicted doesn’t leave?

We are hoping to never have to evict anyone. We are hoping those who do not have a right to live here would respect this Community’s wishes and leave on their own, peacefully.


What kind of permits are there?

There are three types of permits that will be available, a Residency permit, a work/education permit (valid for 1 year) and a Humanitarian permit (valid for up to 1 year). There is also an Approved Kahnawake Resident status which requires a onetime application that is valid permanently.


How do I make an application?

Through the Office of the KKR . Stay tuned for announcements this Fall 2020.


How will I know someone complained? Do we have a say?

There would be a 30 day public posting. The person who complained must be on the KKR and will not be.


Is Residency permanent?

Only the Approved Kahnawà:ke Resident status is permanent, the permits will have to be renewed at certain times.


What goes into this permit?

There will be responsibilities, such as not breaking the law, etc….


Will the Peacekeepers have to physically evict people?

Bailiff is most likely but the details aren’t finalized.


Is there going to be a charge for the Residency permits?

Not in the first year but likely in future years.


If a person is here and breaks up with someone, would they have to leave?

They would have to apply in the first place and abide by their permit.


Do children under 18 have to apply?

No. They would apply with their parent and wouldn’t have to until they turn 18.

Action Plan

The plan includes the following action steps:

  1. Public education package on Membership and its history
  2. Education on the rationale behind Membership to external communities and media
  3. Establish discussion forums on all aspects of the issue
  4. Conduct a referendum on the principle of non-Native residency
  5. Assess the need to expedite the establishment of a separate Residency Law
In parallel, Chief & Council will be reaching out to Traditional representatives to ensure that all leadership is engaged in the citizenship/Membership discussion. (To date, the MCK has met with the Mohawk Trail Longhouse and is awaiting a response from the Mohawk Nation Office)

A series of brief videos providing ‘snapshot’ views on the history of Membership will be broadcast on Paul’s Cable, YouTube and can be viewed below. The videos will be released weekly.
Residency Snapshots (video)












Related Videos

Membership Portfolio Chiefs Kahsennenhawe Sky-Deer and Arlene Jacobs introduce, explain and discuss the series of Residency information videos that were introduced on a weekly basis throughout the Fall of 2015.




Background of Membership - Presentation by Ottawa of University Professor, Daniel Rueck. Presented by C.O.R.E.
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