What is the purpose of the Entewatathá:wi Self Government Agreement?

 

The purpose of ESGA is to achieve legal recognition by the government of Canada of the jurisdiction, authority, and institutions of the Mohawks of Akwesasne. Once the ESGA is ratified, Parliament will adopt legislation that will give ESGA the force of law. The legislation will be binding on the Governmentof Canada and the provinces. The legislation will terminate the application of many of the provisions of the Indian Act which represents a colonialist vision of limited self-government that is inconsistent with the inherent jurisdiction of the Mohawks of Akwesasne.

 

Will our Aboriginal and Treaty Rights be affected?

 

The ESGA and the legislation that will make it legally binding will not prejudice, limit or restrict the Aboriginal rights, including title, or treaty rights of the Mohawks of Akwesasne.

 

Will the Entewatathá:wi Self Government Agreement limit or restrict the Mohawk Nation or Haudenosaunee (Iroquois Confederacy)?

 

The ESGA will not limit or restrict the rights, jurisdiction or authority of the Kanien’kehá:ka (Mohawk) Nation, the Haudenosaunee (Iroquois Confederacy) or other communities within the Kanien’kehá:ka (Mohawk) Nation or Haudenosaunee (Iroquois Confederacy).

 

Will Canada’s fiduciary relationship with Akwesasne change?

 

The fiduciary relationship between Akwesasne and Canada will continue after the adoption of the ESGA. Specific fiduciary duties may change as the ESGA is implemented and the Mohawks of Akwesasne establish their jurisdiction and authority in relation to land management, education, environment, social programs and services, and other matters.

 

Changes to the existence or scope of specific fiduciary duties owed by Canada to the Mohawks of Akwesasne as a result of the exercise by the Mohawks of Akwesasne of jurisdiction or authority in relation to a particular subject matter will have no effect on fiduciary duties that may be owed by Canada to the Mohawks of Akwesasne in relation to any other subject matter.

 

What is the difference between staying under the Indian Act and being self-governing?

 

The Indian Act gives the Minister of Indigenous Services broad powers over lands, estates, funding, and the delivery of programs and services. Under the ESGA, these powers will be exercised by the Mohawks of Akwesasne. In effect, Canada agrees to step back and allow the Mohawks of Akwesasne to govern themselves so that the needs and the priorities of our members can be met without interference.

 

The Mohawks of Akwesasne will make their own laws, determine their own governance process, and will have a government that is accountable to its own people. The Entewatathá:wi Self Government Agreement binds the Government of Canada to observe and respect this new place of the Mohawks of Akwesasne within Canada.

 

Is Akwesasne the only First Nation negotiating a self-government agreement?

 

There are about 25 self-government agreements signed by the federal government, involving 43 Indigenous communities. There are two (2) education agreements involving 35 Indigenous communities, and there are about 50 negotiation tables across Canada. Akwesasne is one (1) of the communities negotiating.

 

Are we going to have to pay taxes once the self-government agreement is signed?

 

No, members will not have to pay taxes once the ESGA is signed.

 

Are we going to become a municipality or have to abide by land codes?

 

No, the Mohawks of Akwesasne will not become a municipality. The Mohawk Council of Akwesasne will continue to provide programs and services to the community, including ambulance, garbage collection, snow removal, water and sewer.

 

There will be an Akwesasne Land Law that will set out the rules, procedures and administrative structures for lands management in relations to Akwesasne lands. Similar to the Mohawk Council of Akwesasne, Office of Vital Statistics (OVS) but will be accountable to the Mohawks of Akwesasne and not to Indigenous Services Canada (ISC). OVS will not have to send documents to ISC for approval and send back, OVS will be able to process in a more efficient time frame.

 

Is the Government of Canada able to take the land we have left, including our Islands?

 

Under rare circumstances, the government may be able to buy property for a fair price, but without consent. This is called expropriation. The Mohawk Council of Akwesasne (MCA) is working diligently on taking all measures to prevent the government of Canada being able to exercise expropriation. This section is still under negotiation. It is the MCA’s view to have no expropriation.