• 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

• 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 (RCAP)
  • 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

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)

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

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

• 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 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 21^st 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