The Mohawks of Akwesasne have an inherent right of self-government which originates from our people, culture and land that is recognized and affirmed by Section 35 of the Constitution Act, 1982 and the United Nations Declaration on the Rights of Indigenous Peoples. 

Over the  years, the Mohawk Council of Akwesasne has made changes on how the community is governed. One area that was not working was the election of Head Chief and Councilors. Previously, the elections were managed under the Indian Act and experienced legal challenges at almost every election. As a result, in 1986 a referendum was held in 1986 that has since allowed all decisions regarding Akwesasne’s elections to be determined exclusively by the community. This was the first step toward managing our own affairs (self-government). The Akwesasne Election Regulations was enacted on April 23, 1988.

In 1986, the Mohawk Council of Akwesasne created a Judicial Code of Conduct, which led to developing the general guidelines for the selection of Mohawk Judges. As years passed, the Court was set up to follow procedures contained in any Akwesasne law and included the ability to use the Rules and Criminal Procedure of Canada and Ontario Rules of Civil Procedures. 

The following year, in 1987, the Mohawk Council of Akwesasne exercised Akwesasne’s jurisdiction by taking over membership, that resulted in giving the community the authority to decide who shall be a member of Akwesasne. The Akwesasne Membership Code was enacted on June 26, 1987. 

In the same year, the Mohawks of Akwesasne took over education setting up its own Ahkwesahsne Mohawk Board of Education and to establish local education criteria for the hiring of teachers and incorporating culture and language into our schools.

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The Political Protocol was signed on June 7, 1999. The Protocol establishes the process necessary to address Akwesasne’s unique circumstances and to support the negotiations and the implementation of the new arrangement between Akwesasne and Canada. The Protocol is intended to reflect a relationship based on the principles of a good mind, mutual respect, trust, and openness. The Protocol had two objectives: expand jurisdiction and social and economic development. 

In 1999 exploratory discussions began to form an Akwesasne-Canada negotiation table that would address jurisdictional matters that affected the community. These jurisdictional matters were investigated over the next five-years, along with how to resolve them.

On June 23, 2005, Akwesasne-Canada signed the Process and Schedule Agreement that established the agenda and timetable for negotiating the Governance and Relationship Agreement and Land Estates Sectoral Agreement-in-Principle. 

On November 4, 2013, the Akwesasne-Canada Governance and Relationship Agreement-in-Principle, and the Akwesasne-Canada Lands and Estates Sectoral Agreement-in-Principle were signed. 

In 2000, two (2) Justices were appointed and given jurisdiction to determine the validity, interpretation, and application of Akwesasne laws. Mohawk Council of Akwesasne passed a Mohawk Council Resolution to give powers to the two Justices equivalent to the section 107 Justice of the Peace. The Akwesasne Court operated under this authority until the Akwesasne Court Law was enacted. The Akwesasne Court Law was enacted on February 12, 2016, and came into force August 12, 2016.