The following document provides an overview of the key elements of the Land Governance Agreement.

KEY ELEMENTS AND IMPLICATIONS

Recognition of the Kanesatake interim land base, consisting of all lands purchased by the Government of Canada to date

• The purpose is to recognize existing as an interim land base for the Mohawks of Kanesatake. The Agreement is not intended to freeze the land base in time; it contemplates the addition of other lands to the interim land base, as may be agreed between Kanesatake and Canada.

Recognition that the Kanesatake interim land base has status under section 91(24) of the Constitution Act, 1867 (Kanesatake lands are "lands reserved for Indians," but not a "reserve" under the Indian Act).

• There has never been a conclusive legal determination as to the constitutional status of Kanesatake lands. This has led to considerable uncertainty over the application of laws in Kanesatake, which has worked to the detriment of all in the region and has frustrated Kanesatake's ability to govern its lands.



• If the Land Governance Agreement is ratified by the Mohawks of Kanesatake, federal legislation will follow to ensure that the constitutional status of the Kanesatake interim land base is, from that point forward, clear.

Powers to adopt community laws and regulations on land use and other land-related on the Kanesatake interim land base.

• The legal uncertainty over the constitutional status of Kanesatake lands has prevented the Mohawks of Kanesatake from governing their lands and from controlling their future development. This Agreement will ensure that Kanesatake has a solid legal foundation on which to adopt its own laws and regulations over land-related matters on its land base.

Adoption of a "Land Governance Code" outlining the principles of good governance (e.g., process requirements, accountability, conflict of interest rules, etc.) by which the Mohawk Council of Kanesatake will exercise its powers and fulfill its responsibilities to its membership.

• This code sets out the principles by which the Mohawk Council of Kanesatake will continue to conduct its business as a government. It will guarantee open and responsible governance, in the best interests of its community, with full political and financial accountability.

Harmonization in the Village of Oka

• Harmonization is a two-way street. It depends upon the good will and collaboration of both communities. The Agreement establishes a framework in which a constructive dialogue on harmonization can be pursued.



• The Agreement recognizes that it is in the best interests of all residents of the region - Mohawk and non-Mohawk alike - that the future development of adjacent lands in the Village of Oka be pursued in a harmonious fashion.

Power for Kanesatake to enforce and adjudicate its community laws

• Any government that has the authority to adopt its own laws must have the corresponding authority to enforce those laws. The Agreement ensures that Kanesatake will have the necessary authority to enforce its laws.



• The Agreement also recognizes that, once the necessary institutional supports are in place, Kanesatake will be in a position to appoint Justices of the Peace to adjudicate any disputes over its laws. It includes a commitment between Kanesatake and Canada to work together, and with other relevant partners, to establish the institutional supports and systems in which that adjudication can take place openly and fairly.

PROCESS OF ENACTMENT

The following procedures are required for the Land Governance Agreement to take effect:

• The hosting of extensive information sessions with Community members of Kanesatake throughout the summer, followed by a ratification vote by members of Kanesatake;



• Signing by the Minister of Indian Affairs and the Grand Chief of Kanesatake;



• Enactment of legislation in Parliament.

FOR MORE INFORMATION

A complete version of the Land Governance Agreement can be obtained through the following sources:

The Mohawk Council of Kanesatake:tel: (450) 479-8373
The Department of Indian and Northern Affairs:tel: (819) 997-0380 Website www.inac.gc.ca

A complete version of the Land Governance Code can be obtained through the Mohawk Council of Kanesatake.

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