Joint Presentation Renewed Relationship between the Mohawks of Kahnawake and the Government of Canada
Table of Contents
Introduction
- A renewed relationship between the Mohawks of Kahnawake
and Canada is needed:
- Mohawks have a long history of governing themselves
- The Indian Act passed in 1876 has imposed a band council system
- The draft Umbrella Agreement sets the framework for this new relationship.
- The draft Sub-Agreements describe Kahnawake jurisdiction
over:
- Education, Mohawk Language and Culture
- Kahnawake Membership
- Kahnawake Lands
- Policing Aspects of the Administration of Justice
The Context
- Turning-Point: 1988 police intervention in Kahnawake
- Kahnawake community gave the mandate to the Mohawk Council of Kahnawake to negotiate a new relationship
- Signature of an agreement on a negotiation process in 1991
- Canada's policy on self-government changed:
- 1995: recognition of Aboriginal peoples' inherent right to self- government within section 35 of the Constitution Act
- Royal Commission on Aboriginal Peoples (RCAm>)
- 1996: tabling of the Royal Commission's Report
- Need to transform the relationship between Aboriginal
- peoples and Canada to one of co-operation and growing successes
- Gathering Strength:
- 1998: Canada's response to the Royal Commission, a commitment to renewal and reconciliation
- Kahnawake is managing its own affairs and has established a
number of institutions including:
- Education System
- Hospital
- Cultural and Mohawk Language Instruction Centre
- Economic Development Commission
- Social institutions
- Caisse Populaire
- Agreements between Kahnawake and Quebec in 1999
Draft Umbrella Agreement
Key Elements
- Provides framework for renewed relationship based on trust and mutual respect
- Forms the basis for legislation entitled Canada-Kahnawake Intergovernmental Relations Act, which establishes a process to gradually replace the application of the Indian Act on Kahnawake Territory
- Makes provisions for a Kahnawake Charter, based on Mohawk
customs and traditions, which will establish rules governing
the Mohawk Government of Kahnawake in areas such as:
- democratic form of governance
- law-making process
- leadership selection
- accountability
- conflict of interest rules
- rights of appeal and redress
- Lists 27 areas of jurisdiction and/or authority set out in Sub-
Agreements to be negotiated over the next 5 years
- Within these areas of jurisdiction, Kahnawake will make laws and Canada will have no role in approving these laws.
- Establishes processes that will give effect to Sub-Agreements
- The draft Umbrella Agreement also covers:
- Relationship of laws
- Establishment of a Canada/Kahnawake Commission
- Dispute resolution mechanisms
- Basic protections for individual and collective rights
- Interim provisions for administration of justice
- Continuation of the fiduciary relationship
- Financial relationship between Canada and Kahnawake (government-to-government relationship)
Sub-Agreements
Key Elements
- A Sub-Agreement covers:
- Description of the jurisdiction and/or authority to be exercised by Kahnawake
- Specific rules for resolving conflicts between laws
- Identification of those Indian Act provisions that will no longer apply
- Ratification procedures
- Four draft Sub-Agreements have been negotiated to date
Draft Sub-Agreement
Education, Mohawk Language and Culture
- Kahnawake has jurisdiction within its Territory:
- Primary, secondary and special education, including the continuing ability of students to transfer between education systems
- Administration of post-secondary support funding
- Preservation, enhancement and promotion of Mohawk language and culture
- Once this sub-agreement is in effect, Kahnawake will make the decisions with respect to education, Mohawk language and culture
- In the event of a conflict, Kahnawake laws in relation to education will prevail over federal laws in relation to First Nations Education.
- In the event of a conflict, Kahnawake laws in relation to Mohawk language and culture will prevail over federal laws in relation to First Nation languages and culture.
- The provisions of the Indian Act dealing with this sub-agreement will no longer apply to Kahnawake.
Membership
- Mohawk Government of Kahnawake has jurisdiction on membership.
- Once this sub-agreement is in effect, Kahnawake will make the decisions with respect to membership
- In the event of a conflict, Kahnawake laws in relation to membership will prevail over federal laws in relation to First Nation membership.
- Any person entitled to be registered as an Indian under the Indian Act will continue to be registered by the Registrar of the Department of Indian Affairs and Northern Development.
- The provisions of the Indian Act dealing with membership will no longer apply to Kahnawake.
Lands
- Mohawk Government of Kahnawake has jurisdiction over its
lands including:
- Development
- Management
- Use
- Possession
- Once this sub-agreement is in effect, Kahnawake will make the decisions with respect to lands
- In the event of a conflict, Kahnawake laws in relation to lands will prevail over federal laws in relation to lands reserved for or under the control of a First Nation community.
- The provisions of the Indian Act dealing with this sub-agreement will no longer apply to Kahnawake.
Policing Aspects of the Administration of Justice
- Kahnawake has jurisdiction over the administration of police
on its Territory including:
- Establishment or maintenance of a police force
- Recruitment, appointment and swearing-in of members of the police force
- Establishment of mechanisms for independence, accountability and management of the police force
- Maintains existing agreements and protocols between Kahnawake, Canada and Quebec, and promotes mutual assistance between police forces
- Dispute mechanism as specified in the Umbrella Agreement
Next Steps
- Kahnawake:
- Consultation on draft agreements
- Negotiation of final agreements
- Ratification of final agreements
- Canada:
- Report to Cabinet on the consultation results
- Negotiation of final agreements
- Cabinet approval and passage of legislation by Parliament
- Negotiations of sub-agreements on remaining 23 subject matters
The Benefits
- The draft agreements represent a major milestone in the
relationship between Kahnawake and Canada
- Recognition of essential powers required by the Mohawk Government of Kahnawake for the 21st century
- For Kahnawake:
- Build on existing foundation of governance
- Framework for additional governance powers
- Control over its own affairs
- For Canada:
- Renew the relationship with Kahnawake through negotiations
- Strengthen self-sufficiency and governance for the Mohawks of Kahnawake
- Create a positive environment for Kahnawake with direct benefits for the region