PROTECTIONS THAT WILL APPLY IN THE ENTEWATATHA:WI AGREEMENTS (GOVERNANCE & RELATIONSHIP AND SECTORAL)

BACKGROUND

After several years of negotiations with Canada for recognition of expanded jurisdiction for Akwesasne and clear recognition of Akwesasne’s governance structures and procedures, Akwesasne and Canada are close to completing the formal Agreements. Part of our process includes a review of sections of the Indian Act and assessing their effect on our community. Sections of the Indian Act that benefit Akwesasronon, such as tax exemption and protection of lands from seizure, will be retained. Sections of the Indian Act that are outdated and prejudicial to our inherent rights and interests, such as federal control and management of reserve lands, would no longer apply and management of Akwesasne Lands in future would be governed by Akwesasne Laws.

If these goals are achieved, it would diminish the Canadian Government’s control over Akwesasne’s Affairs by removing the application of over 70% of the Indian Act to Akwesasne and its reserve lands. The Entewatatha:wi Agreements (Governance & Relationship and Sectoral) reflect a more respectful and modern relationship between the Mohawks of Akwesasne and Canada and recognize greater law making power for Akwesasne and expanded control for Akwesasronon over their lands and governance.

The Entewatatha:wi Agreements will only be legally binding upon ratification by Akwesasronon. Canada would ratify the Agreements by enactment of federal law in Parliament. The main objective of the Entewatatha:wi process is to legally recognize Akwesasne‘s right to more fully govern itself in the future while retaining the Aboriginal and treaty rights of Akwesasronon and Canada’s fiduciary obligations to our people.

PROTECTIONS THAT WILL APPLY

RECOGNITION OF ABORIGINAL TITLE AND TREATY RIGHTS

• The Entewatatha:wi Agreement and federal Legislation approving the Agreements will not be construed to abolish, restrict, deny, or affect Aboriginal or treaty rights of the Mohawks of Akwesasne or its members. Mohawks of Akwesasne and its members will continue to be recognized as Aboriginal peoples and have their rights under section 35 of the Constitution Act 1982, including Aboriginal title or jurisdiction based on Aboriginal title recognized and affirmed.

• Through the Agreements, Canada will acknowledge that the Mohawks of Akwesasne have implemented aspects of their inherent right to self-government recognized as an Aboriginal right under section 35 of the Constitution Act 1982.

FIDUCIARY RESPONSIBILITY

• The fiduciary relationship, which determines the obligation for Canada, will continue with the Mohawks of Akwesasne and will not be eliminated.

CONTINUED RIGHTS AND BENEFITS

• The Mohawks of Akwesasne and its members will continue to be eligible to participate in, and benefit from, federal programs and services. We will also continue to be entitled to the same rights and benefits of Canadian citizens or permanent residents of Canada.

• The Agreements will not restrict the Mohawks of Akwesasne from participation in an inherent right of self-government at the Kanienkehaka (Mohawk) Nation level or at the level of the Haudenosaunee (Iroquois Confederacy).

LAND CLAIMS

• The Agreements will not limit or restrict the right of the Mohawks of Akwesasne to pursue their land claims in court, through government claims processes, or in other forums.

PRESERVATION OF INTEREST ON AKWESASNE RESERVE LANDS

• Akwesasne Lands will remain federal lands and reserves held for the use and benefit of the Mohawks of Akwesasne. Existing interest in Akwesasne Lands will continue to have effect.

TAX-EXEMPTION AND PROTECTION OF PROPERTY FROM SEIZURE

• Section 87 of the Indian Act (tax exemption) and sections 29, 89 and 90 (protection of lands and property from seizure) will continue to apply to Akwesasne Lands and to members who have Indian status as they do today.

LIABILITY OF CANADA FOR PAST ERRORS

• Canada remains liable for errors or mismanagement, including mismanagement of Akwesasne lands, prior to the coming into force of the Agreement.

CONTINUING RELATIONSHIP

• The Agreements will also contain an Implementation Plan which will include a 5-year review of the Agreements between The Mohawks of Akwesasne and Canada.

• The Agreements will reflect an on-going government-to-government relationship that is based on a spirit of peace, respect and friendship.