Agreement with respect to Kanesatake governance of the interim land base.

Subject

Land & soil

Keyword

Indigenous peoples Contract/agreement Ownership Vested rights/existing rights Governance Land tenure Public land Land reform Subdivision of land Financing Enforcement/compliance

Geographical area

Americas, Arctic, Asia and the Pacific, East Pacific, North America, North Atlantic

Abstract

The purpose of this Agreement is to: a) record the Agreement of the parties for Canada to act on its intention to recommend to Parliament that the Kanesatake Mohawk Lands be reserved as lands reserved for the Mohawks of Kanesatake within the meaning of section 91(24) of the Constitution Act, 1867; b) provide for the exercise of jurisdiction by Kanesatake over the use and regulation of Kanesatake Mohawk Lands for the benefit and use of the Mohawks of Kanesatake; and c) establish the principles by which Kanesatake will strive to develop Kanesatake Mohawk Lands adjacent to lands within the neighbouring Municipality of Oka in mutual harmony with that Municipality. The text consists of 54 sections divided into 16 Parts as follows: Definitions (I); Purpose (II); General provisions (III); Title to and protection of Kanesatake Mowhawk lands (IV); Description of lands (V); Legal status and capacity (VI); Land governance Code (VII); Jurisdiction over the use and Regulation of Kanesatake Mohawklands (VIII); Future development (IX); Enforcement and adjudication (X); Programs and services (XI); Relationship of laws (XII); Legislative process (XIII); Proof of laws (XIV); Funding (XV); Ratification (XVI). Three Schedules are enclosed.

Full text

English

References - Legislation

Implements

Constitution Act, 1982.

Legislation | Canada | 1982

Keyword: Agricultural land, Cultural heritage, Economic/social/cultural rights, Indigenous peoples, Traditional rights/customary rights, Human rights

Source: FAO, FAOLEX

Implemented by

Kanesatake Interim Land Base Governance Act (S.C. 2001, c. 8).

Legislation | Canada | 2001

Keyword: Indigenous peoples, Governance, Land tenure, Public land, Land reform, Subdivision of land, Enforcement/compliance

Source: FAO, FAOLEX