Kahnawà:ke/Canada Relationship Memorandum of Understanding

1. Definitions

1.1 In this Memorandum of Understanding (MOU), unless otherwise provided, the following expression means:

Lands:

All of the land contained within the area commonly known as Kahnawà:ke Indian Reserve No. 14 and any other land that is set aside as reserve in the future by Canada for the use and benefit of the Mohawks of Kahnawà:ke.

Any land returned to KAHNAWÀ:KE by other means will be discussed in a separate process.

2. Objective of a Working Relationship

2.1 The objective of this process is for the Parties to develop mutually acceptable means to enable Canada to recognise the Mohawk Council of Kahnawà:ke as a responsible body for exercising jurisdiction in Kahnawà:ke, with an initial emphasis on lands and membership. This may include specific agreements, legislation or other instruments.

3. Purpose of the MOU

3.1 The purpose of this MOU is to outline the subject matters, processes, work plans and time tables of the discussions and activities as part of the ongoing Kahnawà:ke/Canada Relationship.

3.2 This MOU:

1. Sets out an approach to, and process for, a working relationship;
2. Identifies the scope of work to be done;
3. Establishes an agenda and timetable; and
4. Makes provisions for such other matters as are necessary or desirable

4. Interpretation

4.1 The Parties hereby agree that the preamble forms an integral part of this MOU.

4.2 Nothing in this MOU is to be interpreted as creating, amending, recognizing or denying legal rights or obligations of any of the Parties.

4.3 This MOU, as well as discussions and activities undertaken pursuant to it, and any position taken by any Party, will be without prejudice to the legal positions that may be taken by any of the Parties in a court of law or otherwise.

5. Parties to MOU

5.1 The Parties to any agreements that may result from the discussions and activities defined in Section 13 of the present MOU, referred to as the Work Plan will be KAHNAWÀ:KE and CANADA.

5.2 The Parties agree that any third party government or organization that may be affected by any agreements will be invited by both KAHNAWÀ:KE and AANDC to participate in the discussion related to that agreement.

6. Joint Process

6.1 The Parties agree to work jointly, and to use their best efforts to jointly and collaboratively resolve issues that may arise out of these discussions and activities.

6.2 The Parties will work co-operatively to clarify or respond in a timely manner to the interests and positions of each Party that may arise out of these discussions and activities.

6.3 All meetings for discussions and activities shall be held alternately in Kahnawà:ke and Gatineau unless otherwise agreed by the Parties.

7. Tables and Working Groups

7.1 The working relationship between KAHNAWÀ:KE and AANDC will be overseen by a Main Table composed of representatives from KAHNAWÀ:KE and AANDC.

7.2 The Main Table will meet on a monthly basis until such a time as Parties agree to re-evaluate the meeting schedule.

7.3 The Main Table will establish separate sectoral tables for lands, membership and estates.

7.4 At any time the Main Table may create other separate sectoral tables.

7.5 Each Party will determine the size and composition of their representation at the Main Table and the sectoral tables.

7.6 The sectoral tables will meet as necessary to conclude the discussions and activities defined under section 13.

7.7 Each Party shall provide to the other Parties written notice of the appointment of its designated representatives.

7.8 Where a Party removes or replaces its representatives, it shall forthwith provide to the other Parties written notice of such removal or replacement.

7.9& Each sectoral table can establish working groups and determine their size, composition and terms of reference.

7.10 Each sectoral table will establish a detailed working plan.

8. Reporting

8.1 All sectoral tables will report back to the Main Table.

8.2 Each working group will report to its respective sectoral table.

9. Steering Committee

9.1 Biannually the Main Table will report on the progress of the working relationship to a Steering Committee composed of the responsible Senior Assistant Deputy Minister of Treaties and Aboriginal Government, representing AANDC, and the responsible Portfolio Chiefs of the Mohawk Council of Kahnawà:ke. The Senior Assistant Deputy Minister of Treaties and Aboriginal Government will invite other Assistant Deputy Ministers to participate as needed.

9.2 Annually the Main Table will report on the progress of the working relationship at a joint meeting of the Deputy Minister of AANDC and the Grand Chief of the Mohawk Council of Kahnawà:ke.

10. Dispute Resolution

10.1 The steering committee will address conflict that cannot be resolved at the Main Table.

10.2 Any important and persistent conflict which cannot be resolved through the above mentioned mechanism shall be referred to the Grand Chief, representing KAHNAWÀ:KE, and the Deputy Minister of AANDC for discussion at their annual meeting.

11. Resulting Agreement

11.1 At any time during this process, one of the Parties may need to seek authorisation before engaging further.

11.2 Any agreement developed by the Main Table will be submitted to their respective authorities. The agreements in question will outline an approval or ratification process to be followed.

11.3 Financial and Implementation schedules shall be finalized prior to the ratification of any agreement.

11.4 The English and French versions of any agreements resulting from the discussions and activities shall be the authoritative versions of those agreements.

11.5 AANDC will provide funding to have any agreements resulting from the discussions and activities translated in written form into the Mohawk language, and the translation of each of those documents will be by a person or persons approved by KAHNAWÀ:KE.

12. Subject Matters

12.1 This MOU shall address the following governance issues. This list is not exhaustive and may be amended by the Parties:

1. Lands
   1. Contaminated sites
   2. Land tenure
   3. KAHNAWÀ:KE land code
   4. Land administration
   5. Undivided interests
   6. Access
   7. KAHNAWÀ:KE and CANADA's obligations and liabilities
   8. Environmental management
   9. Land status
2. Membership
   
   
   1. KAHNAWÀ:KE membership code
   2. Services
   3. Indian Registration (Status)/KAHNAWÀ:KE membership
   4. KAHNAWÀ:KE and CANADA's obligations and liabilities
3. Estates
   
   
   1. Living estates
   2. Decedent estates
   3. Administrative land transfer
4. Other subject matters agreed to by the Parties

13. Work Plan

13.1 The process will be to carry out the discussions and activities within the three streams:

1. Specific initiatives and projects;
2. Research and exploration; and
3. Identify, develop and agree upon the necessary legal and policy mechanisms required to implement the resulting agreements.

13.2 Lands

1. Contaminated sites action plan/liabilities
   
   
   1. Review of the lists of contaminated sites
   2. Identification of responsibility
   3. Development of a remediation plan
   4. Environmental management
2. Land tenure issues
   
   
   1. Land tenure inventory
   2. Transfer of responsibility for leases and permits
   3. Other land tenure instruments
3. KAHNAWÀ:KE land code
   
   
   1. Study of existing land code
   2. Lack of access roads
   3. Land addition
   4. Land status
   5. Land legislation
   6. KAHNAWÀ:KE land code review
   7. CANADA's legislation
   8. Ratification
4. Land administration
   
   
   1. Land survey regime and funding
   2. GIS system development and training
   3. Transition and implementation
   4. Determination of financial responsibility
   5. Dispute resolution process
5. Undivided interests
   
   
   1. Mediation process
   2. Alternative Dispute Resolution
6. Obligations and liabilities
   
   
   1. Determination of the Parties' responsibilities and obligations
   2. KAHNAWÀ:KE and CANADA's obligations and liabilities

13.3 Membership

1. KAHNAWÀ:KE Membership Law
   
   
   1. Comparative analysis between the KAHNAWÀ:KE Membership Law and Indian Status
   2. Analysis of AANDC's report First Nation Custom Membership Codes
   3. KAHNAWÀ:KE Community Decision Making Process
   4. Ratification of the KAHNAWÀ:KE Membership Law
2. Services
   
   
   1. Finalisation and analysis of the inventory of KAHNAWÀ:KE and CANADA's services
   2. Responsibilities, obligations and liabilities of the Parties as service providers
   3. Funding of services
   4. Increase in population and resource requirements
3. Indian Registration (Status)/KAHNAWÀ:KE membership
   
   
   1. Conduct a comparison of rights and benefits of KAHNAWÀ:KE membership and Indian Status
   2. Conduct an analysis of individual versus collective rights
   3. Review and comment on Canada's registration and membership provisions within the Indian Act (i.e.: First Nations Registration and Membership Research Report)
   4. Identify and maintain links to other works on emerging concepts of First Nation membership, registration and citizenship with a view to potentially utilising any information that may be beneficial to this process and as a way to provide KAHNAWÀ:KE's unique perspective related to these areas.
4. KAHNAWÀ:KE and CANADA's obligations and liabilities to:
   
   
   1. Members
   2. Those with acquired rights
   3. The right to determine membership
   4. The Charter of Rights and Freedoms and the Canadian Human Rights Act
   5. The impacts of C-3

13.4 Estates

1. Decedent Estates
   
   
   1. Review of alternative models under the Government of Canada's Approach to Implementation of the Inherent Right and Negotiation of Aboriginal Self-Government and the First Nations Land Management Act.
   2. Review of other alternative models and academic literature
   3. Unsettled estates
2. Living Estates
   
   
   1. Review of alternative models under the Government of Canada's Approach to Implementation of the Inherent Right and Negotiation of Aboriginal Self-Government and the First Nations Land Management Act.
   2. Review of other alternative models and academic literature
   3. Review of provincial models
3. Obligations and liabilities
   
   
   1. Determination of the Parties' responsibilities and obligations
   2. KAHNAWÀ:KE and CANADA's obligations and liabilities
   3. Individuals responsibilities

14. Timetable

14.1 This MOU is for an initial duration of 3 years and may be renewed with the agreement of the Parties.

14.2 The Parties shall use best efforts to complete discussions and activities within the specific timetables set out.

15. Community Involvement

15.1 In order that community members and non-member residents are well informed and have a general interest regarding the status, aims, objectives and progress of the working relationship, and subject to 16.1:

1. The Parties may jointly hold public information sessions in KAHNAWÀ:KE;
2. From time-to-time, the Parties may agree to jointly attend other meetings with individuals, organizations or groups; and
3. Any of the Parties may, on its own, carry out such additional information and education initiatives as it sees fit, including initiatives to obtain a broad range of input.

16. Confidentiality

16.1

1. Documents exchanged or developed by the Parties shall be confidential.
2. Documents exchanged or developed by the Parties may be disclosed to particular persons or to the public by agreement of the Parties or as required by law.

17. Media

17.1 The Parties may issue joint statements to the media on the progress of the discussions and activities from time to time.

17.2 Subject to 15.1, an individual Party may provide information to the media with respect to the discussions and activities.

17.3 The Parties will make every effort to advise each other of any media discussion.

18. Funding

18.1 Funding of KAHNAWÀ:KE by CANADA for discussions and activities shall be according to CANADA's guidelines and policies.

19. Amendments

19.1 The Parties may agree, in writing, to amend this MOU.

20. Termination of MOU

20.1 Any Party can terminate this process at any point with a 30 days written notice.

20.2 During this process, either Party may realise that the Parties' positions are irreconcilable at this time. Terminating this process will not be viewed as bad faith or disinterest by the Parties.