1. Mohawk Council of Kanehsatake
Presentation to the
Mohawk Council of Kanehsatake
Background of negociations between MCK and Canada since 1991 and onward
Kanehsatake
December 1st and 2, 2016

2. CONTENT
: History of the purchase of 3rd party interest to add to the Kanesatake interim land base
: Management of properties by Canada with Mohawks advisor selected by MCK
1999: Property management agreement
2001: Amended property management
The allotment process
The Jean-Roch Simon case
2000: The Land Governance Agreement
2001: The Kanesatake Interim Land Base Governance act (S24)

3. History of purchase of 3rd party interest to add to Kanesatake interim land base
Document: Agenda and process for the negotiation with the community of Kanesatake (March 6th, 1991)
3. Subject matters for Negotiations
3.1-i) Land issues
Interim agreements
1) Continuation of federal purchase of third party
interest in the “Common” lands
2) Acquisition of available third party interest to be included
within the eventual land base of the Mohawks of Kanesatake

4. History of purchase of 3rd party interest to add to Kanesatake interim land base
5. Timetable The Chiefs negotiators will establish the timetable for negotiations which ought not exceed two (2) years Memorandum of understanding between The Mohawk Council of Kanesatake and The Government of Canada (December 19th, 1994) 2.2 Canada will acquire additional lands necessary to complete a territorial land base for the Mohawks of Kanesatake

5. History of purchase of 3rd party interest to add to Kanesatake interim land base
2.3 Any acquisition of third party interest will be discussed at the negotiation table including the orderly transfer of properties acquired or to be acquired for the Mohawks of Kanesatake
Work plan territorial, land base sectoral table (Example: October 1st 2003-March 31st 2005):
Continue the process of acquisition of third party interest in lands
Discussions on the status to be given to every new property purchased (i.e) section 91(24)
Develop a process including criteria, for allocation of Oka letter (in cooperation with the economic development sectorial table for lands identified in the P.M.A.
Review, revise and adopt Kanesatake community laws under the L.G.A. and Land Governance Code

6. Housing Management Board
History of purchase of 3rd party interest to add to Kanesatake interim land base
Undertake negotiations towards an hominization (compatibility) agreement with the municipality of OKA
Housing Management Board
Agreed to on December 19th, 1994 negotiation meeting
Community members informed by IANDC by communiqué on February 6th, 1995
Participants: 2 from INAC
1 PWGGC
2 Mohawk advisors
Mandate: develop criteria
Sign leases
Repairs/ maintenance
Collect rents

7. Property Management Agreement
Signatories: IANDC
Orikwa’shon: a development corporation (KODC)
June 25th, 1999, Director General IANDC informs community that Canada and the corporation will be signing a management agreement
M.C.K and KODC do the same
KODC will be responsible for managing all of the properties purchased since 1990 onward and any new properties.
Canada: k for operation of KODC
200k for minor repairs
497k for major repairs
395k venture development funding (apple orchard)
479k accounts receivable ceded to corporation by Canada
272k rents collected by Canada at the date of signing

8. Amended Property Management Agreement
Signatories: AANDC KODC MCK Financial Contribution by Canada: 277 K – Operating budget 147 K – Major repairs M.C.K. / KODC requested possibility to issue Oka letters for the properties and lands purchased 1990 onwards. Canada agrees subject to conditions and time frame We let MCK determine the time frame

9. Amended Property Management Agreement
3.1 Administration
A) On or before September 21st, 2001
M.C.K. establish a fair and open process of initial allotment of said properties agreeable to the Minister and shall give a right of first refusal to the actual tenants of each property subject to said tenants having entered into a written lease agreement and not being in default under these lease agreements.
On or before December 12th, 2001, the council shall implement said process of initial allotment.
B) On or before the 21st of March 2002 council shall make an allotment of each property mentioned in of the PMA as amended in conformity of the process of initial allotment provided for in 3.1 (a)

10. Amended Property Management Agreement
Where an allotment has not been approved the council shall be respnsible for the administration of such properties, as for the date of expiration of the Management Agreement.
If the council does not establish and implement a process of allotment or if it does not proceed with the allotment in conformity with the provisions of these presents. The council shall be responsible for the administration of all properties

11. Amended Property Management Agreement
6.12 The parties guarantee that they each have full powers and authority under any applicable statues or regulation to bind themselves here in and undertake to remedy any deficiency that might reasonably be raised either by Her Majesty, the corporation or the council This agreement has been fully negotiated by the representatives of the parties, who attest by their signatures that they have examined and understood all of its provisions The parties acknowledge that each has obtained the advise of its own legal counsel with regards to this agreement before signing.

12. Amended Property Management Agreement
When council was in default of its obligation on September 21st, 2001, December 12th, 2001 and March 21st, Canada put council on notice of their non performance on October 26th , 2001, November 13th, 2001, February 5th, 2002 and on June 4th, 2002 On July 18, 2002, Canada sent a letter to all occupants informing them of the situation

13. The Jean-Roch Simon Case
Application of Municipal by laws on lots in the village
Injunction by the municipality (Height of building)
Court of appeal ruled that since the MCK and Canada had not exercised its jurisdiction, until such a time municipal by laws apply
Supreme Court refused to hear the case

14. Land Governance Agreement
Gave a 91 (24) status to all the Mohawk Lands including the lots in the village (but not an indian reserve)
Gave law making autority in many fields:
Health
Protection and management of wild life
Trespass
Fire safety and protection services
Residency
Construction and maintenance of local works
Construction and regulation of water supplies
Bulding construction, including inspection or renovation of premises
Waste dispoval, management and sanitation
Traffic regulation

15. Kanesatake Interim Land Base Governance Act (S-24)
Implementation legislation that gives effect to the land governance agreement