OPINION Kahnawa’kehr6:non Identity, Membership, Nationhood and Federal Recognition By Russ Diao ‘Srrciat ro Tontswast Jor those of you who donit know ‘me personally, I was born in the US to an ironworker father ‘who was based in Brooklyn all of his lif, Joe Diabo or Joe P. as was he was known, and who passed away when 1 as 19. So my father’s side of my ‘acnlyit from Kahneveake. Im not a resident of Kahnavake, but Tam on the Kahnawake Mohawk Registry and although I didatt grow up in ‘Kahnawake, I did live there growing up, off and on. In 1979, I worked at the Kahnawake Cultural Centres the ‘Museum Development. Coordinator, but Hef to retura to university. ‘The last time [lived in town was in 1982, but [return regulary to vist. ‘My identity is ted to Kahnawake as amy “home community” through family sand fends, have been inveled in. indigenous politics since I was a teenager when | went to the BIA office take-over in ‘Washington D.C. in 1972 and then for time atthe AIM stand-off with US. ‘Marshalls and FBI at Wounded Knee, South Dakota in 1973, Getting shot at in Wounded. Kree hanged my perspective on Ife and 1 ‘wentfrombeingahigh choo deopootto ging to sever colleges and universities fn Canida_and the US, eventually receiving BA in Native Stdies, ‘At this point Tve been involved in Indigenous paliticsandpoicyforseveral decades, woking asan advise to Indian Bands and Fist Nation organizations in Canada. So aside from my personal history and krowledge of Kahnawake, 1 do have practical Indigenous policy ‘experience. 1 recall that since I wes young, the ‘Mohawk Council of Kahnovake has been working to get out from under the Indlan Act The MCK entered into negptition in the 19806 under the federa! community-based sl government policy when Bran Mulroney was) Prime Minister and somabow without 2 refeendam in the lte 1980 the section 74 Tndlan ‘Act decton system was changed 10 & ‘eustom dlection” sytem recognized by Ona. Normally. a relrendum is requted for this to happen with most Tadian Bands, “Thea the 190 coaficthaopened and ‘tae went into a plicy evi hase annococing. the Royal Commision on Aboriginal Peoples to do comprehensive study of Aborging! Cada relations, By 1993, Maroney was spiced by Jean Chretien who changed the federal self-government policy in 1995, and the Royal Commission issued is report in 1995, which inched recommendations ‘on sel goverament. ‘By the end of the 19505 the MCK self-government negotiations withthe federal government had resale in ¢ draft Umbrela Agreement called the “Canada-Kahnuvaelntergovernmental Relations Act” wih a dat Kahaawake Charter and 27. Sab-Agreements on Aiferet subjects nding the ig oes such asmembersip, lanes policing and cect. in 189, the MOX signed the Ten Agreements with Quebec allt which it ‘within the federal 195 lt goverment peli framework. Hower, sgotistions with Otave ‘over the drat CKR Act seemed 0 ave fended a6 Prime Minister Chreien abandoned negotiations at 30 table, and sated to push the Fist Netoas Governance Act in 2000-2002, to sireaghen Ottawa control and 9 ove Indian Bands ‘As fim sure the MCK, is sa and advisors know by now, geting out of the Indian Act afer 140 years of its application is Kehnawake & complex a the provision ofthe Indian Act are interrelated: membership sid to land, programs and services policing andthe administration ofjustice and all Volum me 22» Sekbhte (Septomber) 15, 2016. of those subjects re utimataly mates of loca goremance and relons with cutie goverment. ‘his se where it gets conning for sme especialy nt ving in Kahne. How is i that the MCK seems to hve assumed it 1s the sucesior government in Kahnamake taking over {nd appropriating Tadional lw end prtocas rom the rational houses? 1 seems to me—and maybe Tin smistaken—that the MCK siting up the “Community Decision-Making Pres? to pas big laws on merabenip (and tobacco) wil face big leptiacy tests vitin the community atthe end of the proces. Many Kahnavaichenen sll Deliv the ‘Traditional hoses, not the ‘MCX, are the eginate authority when 1k comes to interpreting and applying theGreatLan. ‘As lorivase reported on June 22, 2015, about the last MCK ection, “There were a toa of 1.46 wees cast and 11 spoiled ballots. There are 5.256 tle votes in Kshoawake™ 1 seems to me that Kaboawake is governed bythe silty ofthe MK to Achieve a degre of consenses withthe Kahnavaehnénon who dant vote in {he MCK elections and who believe the Traditional houses are the plc o make serous community decisions, not band metigs. So passing av iene things ‘forengit another 1d knoy tat the federal government stl has lot of influence over the MCK and Kahnawake There’ the matter of about $48 milion annually needed foe programs and services in town and ‘while the MCK controls the Mobawk Regisry, Ota controls eligily and registration for Indian status under the Indian Act, s well a self-government ‘and othe policies terms and conditions for federal funding. Even the policing pecan tor fine imped by No doubt the MOK is exploring with the newly-lected Trudeas ‘government what the Liberal promises ‘of a “nation-to-nation” relationship; 2 “reconciliation framework” and “Uiting the 2 percent cap on funding” mean for Kahaawalkebrénon and the laws passed by the MCK “legislative process ‘but Trudeau is stl using the same ‘bureaurats that Harper did fo the past decade, 0 | wouldnt get my hopes up two high. Compurtmentalzing membership from the governance sse is «problem in ray view, (think what is important for Kahnawedehrésnon iif the MCK andthe Traditional hones wil beable to come to 4 more formal discussion process about the future of Kehnawake calturally, seca, economically and politically. Unles of courte, thote who believe in Traditional law accept the -MCK and the ls pased through the ‘COMP ae legitimate, NEGO TAR Ue Mea Leen Lorre ut a