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Secrétariat aux affaires autochtones

FRAMEWORK AGREEMENT

BETWEEN
QUEBEC
AND
THE MOHAWKS OF KAHNAWAKE


WHEREAS the Mohawks of Kahnawake are part of the Mohawk Nation recognized by the National Assembly of Québec;

WHEREAS the Mohawks of Kahnawake govern themselves through the Mohawk Council of Kahnawake and exercise their rights through this Council;

WHEREAS Quebec and the Mohawks of Kahnawake want to establish a long term and constructive relationship based on respect and mutual trust by means of a framework agreement and specific agreements in various sectors of their relations;

NOW THEREFORE IT IS AGREED THAT :

SUBJECT MATTER OF THE AGREEMENT
1. The purpose of this Agreement is to establish a general framework that will lead to the conclusion of specific agreements on various sectors of common interest, in order to avoid conflicts and, if necessary, to resolve the latter by discussion and peaceful means in a spirit of understanding and mutual respect.

Orientations and principles

2. The parties accept and recognize the respective distinctiveness and unique quality of their cultures, their languages, their laws, customs, traditions, as well as their national identities.

Exercise of powers

3. Both parties recognize the need to reconcile the exercise of their respective powers and toward this end will negotiate specific agreements on various subject matters where there exists a shared interest.

Responsibility for negotiations

4. The Grand Chief of the Mohawk Council of Kahnawake and the Quebec Minister responsible for Aboriginal Affairs are responsible for implementation of this Agreement and the monitoring of the ensuing negotiations.

Negotiation of specific agreements

5.1 In a first phase, specific agreements will be negotiated in the following sectors:

  • Taxation;
  • Economic development;
  • Public security;
  • Administration of justice;
  • User fees.

5.2 Every effort will be made to conclude the first phase within three months.
5.3 The list of the other sectors to be covered by specific agreements shall be determined by the Grand Chief of the Mohawk Council of Kahnawake and the Minister responsible for Aboriginal Affairs on the joint recommendation of the special negotiators.
6. Each sectoral agreement shall specify :
  • the nature and scope of the agreement;
  • the duration of the agreement;
  • the implementation plan.

7. Each sectoral agreement shall specify the procedure to be followed to avoid and, if necessary, resolve conflicts between the parties.
8. Sectoral agreements should be implemented immediately, unless delays are expressly provided for. The parties are bound to take with diligence whatever actions are necessary to give effect to an agreement.
9. A reciprocal mechanism will be set up for the timely review and comment of draft or pending legislation or regulation which may impact the other party.
10. Upon mutual agreement, the parties may invite other parties to the sectoral tables, including the Government of Canada, or invite the latter into a tripartite negotiation table.

Amendment to agreement

11. The parties agree that, notwithstanding section 12 (Duration of the Agreement), this agreement may be modified in whole or in part by deletion, addition or otherwise upon mutual acceptance in writing, signed by the parties.

Duration of the agreement
12. This Agreement will be for an indefinite time period. Any dispute concerning the interpretation or implementation of this Agreement shall be resolved through negotiations between the parties. Failing those negotiations, each party will be able to terminate this Agreement by giving the other party a written notice, which shall take effect one month thereafter.
13. This agreement is not intended to be an agreement or treaty as contemplated in section 35 of the Constitution Act 1982, nor is it to be interpreted in anyway as abrogating, derogating or negating or recognizing any aboriginal, treaty or other rights.

Signed on the 15th day of October 1998.
________________________
Joe Tokwiro Norton
Grand Chief of the
Mohawk Council
of Kahnawake
_____________________
Guy Chevrette
Minister responsible for
Aboriginal Affairs
Gouvernement du Québec
Signature gouvernementale
Secrétariat aux affaires autochtones
905, avenue Honoré-Mercier, 1er étage - Québec (Qc)  G1R 5M6 - 418 643-3166
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