U.N. Open Letter: Kahnawà:ke condemns Canada in response of Bill S-2

Press Release

The Mohawk Council of Kahnawà:ke (MCK) wishes to inform the community that an Open Letter has been sent to the Office of the United Nations High Commissioner for Human Rights, Mr. Volker Türk, to address Canada’s continued exercise of colonial authority over the identity, membership, and self-determination of Onkwehón:we through the Indian Act and its current Bill S-2.

The letter addresses the direct violations Bill S-2 has under international human rights and the United Nations Declaration on Indigenous Rights (UNDRIP), with references to s.33 (1) and (2) and Article 9. Additionally, the letter has been sent to Canadian Prime Minister Mark Carney and the UN Special Rapporteur on the Right of Indigenous Peoples.

Currently, Canada has announced a three-month extended consultation period with First Nations. The MCK will continue to advocate for Canada’s complete withdrawal from First Nations registration.

Canada now stands on the verge of passing Bill S-2, an Act to Amend the Indian Act-New Registration Entitlements, which will, among other things, abolish the two-parent rule. This would allow any one parent with status to transmit registration to children regardless of the other parent’s lineage.

“While this [Bill] may be framed as a step toward reconciliation, it continues a long-standing pattern of federal overreach into matters that are inherently for First Nations to decide,” says Ratsénhaienhs Jeremiah Johnson. “This [Bill] proposes to add thousands of individuals to the Indian Register, some of whom may seek residency in our communities. We are expected to absorb the consequences of decisions made without any meaningful engagement, or without our consent. This is unacceptable,” Johnson added.

The letter highlights Kanien’kehá:ka of Kahnawà:ke Law and Kahnawà:ke Kanien’kehá:ka Registry (KKR) — and criticizes Canada for neglecting these processes, which are at the core of our collective inherent right to identity and self-determination.   

Canada is required by law to consult and, when necessary, to accommodate First Nations when their rights are affected by colonial government action. The Mohawks of Kahnawà:ke have presented these arguments in multiple forums, most recently during the Canadian Senate Standing Committee on the amendments of Bill S-2 delivered by Johnson. To date, these arguments have not been considered. 

The MCK remains committed to the pursuit of justice through dialogue, respect, and assertion of our inherent rights. 

Read the Open Letter by clicking here.

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