Tuesday, May 1, 2018

MOHAWK LAW VIOLATES CANADA'S CHARTER

   MONTREAL — A controversial membership law that requires residents of the Mohawk reserve of Kahnawake to move out if they marry a non-native violates the Canadian Charter of Rights and Freedoms, a court ruled Monday.
   The judge said the “Marry Out, Get Out” provision of the Kahnawake Membership Law is “largely (if not solely) grounded in a stereotypical belief that non-native spouses will use the resources and land of the Band in a way that is detrimental to it and that will have a negative impact on the ability of the Band to protect its culture and its land.”
   The decision documents the verbal abuse suffered by the children of mixed marriages, who have been called “half-breeds” or “white bastard.” Tensions got particularly high in 2014 when a “grassroots” campaign began to persuade mixed couples to leave.
    Marie Stacey, who lives on the reserve with her non-native partner, testified she received a notice telling her to leave. She attended a public meeting where one participant suggested a return to the 1970s, when “we burned their (non-natives’) houses,” she told the court.

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