Akwesasne Court Justices Recognized for 20 Years of Judiciary Service

By: Jaclyn Hall

The Community of Akwesasne wish to officially acknowledge and thank Justice Shannon Hall and Justice D. Darlene Francis for twenty years of judiciary service to the Akwesasne Court and community.

In November 1999, Shannon Hall and D. Darlene Francis, along with 12 other community members, successfully completed the first of its kind Community Justice training program. Hall and Francis were selected after an intensive and rigorous process to become the first two inherent right appointed Justices both in Akwesasne and Canada, paving and pioneering the way for Indigenous communities seeking inherent right courts.

Justice Hall and Justice Francis have been adjudicating inherent right issues pertaining to Community laws including Election appeals, Ethical Conduct of elected officials, Community Residency, membership Board, Community member peace bonds, couples property law, other by-laws, disputes and individual traffic infractions since 1999. The authority and jurisdiction of our Justices over their twenty-year tenure has been to determine the validity, interpretation, and application of all Mohawk laws and by-laws adopted by Akwesasne and has expanded over the years with the development and expansion of our community laws such as the enactment of the Akwesasne Court Law and Couples Property Law.

Justice Hall and Justice Francis' outstanding commitment have played an integral part of the evolution, credibility, and consistency of the Akwesasne Court process. Their dedication and service to the community is very much appreciated.

As a way to acknowledge all their hard work, Justice Hall and Justice Francis were asked a few questions, allowing the community an inside look into what it takes to be one of a kind Inherent Rights Justices paving the way for other First Nations.

(Justice Hall and Justice Francis answered together, as if they were one mind)

Q. Why did you decide to take the position as Justice in the Akwesasne Court?

A: Well, we choose to take the positions and step up to the responsibility of the role and community needs. MCA wanted to move away from the Indian Act, and its appointed justices. It began as a grassroots idea, we had no idea where it was going to lead when we took the position.

Q. How do you feel you have made a positive impact on the community?

A: By demonstrating commitment and consistency, and the ability to make difficult and challenging decisions that have long-term community impacts.

Our positions began with an idea by Martha Lafrance to design a curriculum for Inherent Right Justices'', which was the will of the people. Giving the people the power to make the laws and enforce them with restorative justice instead of punitive justice. 20 years ago, no one was doing anything like it, we were the first. We didn't realize we were the only Inherent Rights Justices until other First Nations across Canada began to be interested in doing the same thing.

We are leading the way and setting the bar for other First Nations, it is a lot of responsibility putting everything into practice for the first time. We have lasted this long because we have the understanding of the Kaienerakowa and the importance of being of one mind. Before us, there was only Section 107 Justices of the Peace, who get their authority from the Indian Act. We get our authority from the people, based on the peoples wants and needs.

Q. Do you feel it is important to enforce our own laws as Kaniehkehaka, as opposed to enforcing Canadian Law on our territory?

A: Definitely, it is very important. As Justices, we took it very seriously from the beginning. We agree it is important to enforce our own laws, it's important to understand the people have the power to make the laws, our powers are limited. It's a big responsibility we have but we are up to the challenge. The late Martha Lafrance had the strong vision, invoking an inherent rights court based on the will of the people. It was very powerful.

Q. Can you name an example an example of something that sets apart our court, compared to the Canadian Courts?

A: Restorative justice is our guiding principle. We want to bring people back into balance. We are looking at the collective rights of the person and the community.

MCA is placing principles of the Kaienerakowa in these new laws. So, to have a true understanding of the Kaienerakowa and being students of the culture, also sets us apart from other Justices. We, as Inherent Rights Justices, play a subtle role in shaping these new laws. We are pioneering for Indigenous rights. We set ourselves apart by continuing to exercise our Indigenous rights, as Inherent Rights Justices.