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Secrétariat aux affaires autochtones

AGREEMENT ON THE ADMINISTRATION OF JUSTICE
BETWEEN QUÉBEC
AND KAHNAWAKE

WHEREAS Quebec and Kahnawake have signed a Statement of Understanding and Mutual Respect and a Framework Agreement which provides for the negotiation of sectoral agreements in a number of areas, including the administration of justice;

AND WHEREAS he parties agree to foster the gradual establishment of Kahnawake-based judicial institutions and conflict resolution mechanisms;

AND WHEREAS it is necessary to provide for the solemnization of civil marriages in the territory of Kahnawake;

NOW THEREFORE THE PARTIES AGREE TO THE FOLLOWING:

Part 1

OBJECT OF THE AGREEMENT


1. The purpose of this Agreement is to establish the conditions of co-operative endeavours between the parties in matters related to the administration of justice in the territory of Kahnawake, especially with regard to the setting up of a mediation system, the appointment of justices of the peace and the solemnization of civil marriages.

2. The territory of Kahnawake (hereinafter referred to as the "Territory") is, for the purpose of this Agreement, the territory over which the Mohawk Council of Kahnawake (hereinafter referred to as the "Council") has jurisdiction.

3. The Preamble is an integral part of this Agreement.

MEDIATION SYSTEM

4. The parties agree to cooperate in the establishment in the Territory of a Mediation system for family affairs, youth matters and civil litigation.
5. Quebec therefore shall make a financial contribution, up to $20 000, to a design study for such a system in order better to define the character of a system adapted to Kahnawake and to give basic training to the selected trainees.
6. Quebec shall also, if necessary, within the program agreed to by the parties, bear some of the additional training and tutoring costs of the persons to be appointed mediators.
7. Kahnawake will assume the costs of the salaries and operations of the mediation system.

JUSTICES OF THE PEACE

8. The parties agree to identify persons who could be appointed as justices of the peace with extended powers and to determine the training which these persons ought to receive before their appointment.
9. At the outset, it is planned that one or two persons could thus be chosen.
10. Quebec shall bear the training and tutoring costs of the persons thus chosen.
11. Kahnawake shall assume the salaries of these persons, both before and after their appointment, together with the operational costs related to the exercise of their jurisdiction.

CIVIL MARRIAGES

12. Persons agreed to by the parties may be designated as officers able to solemnize, according to applicable laws, civil marriages in the Territory.

COOPERATION

13. The parties to this Agreement recognize the need to cooperate and to combine their efforts to achieve the purposes of this Agreement.

Liaison Committee

14. A Liaison Committee is formed to supervise the application of this Agreement.
15. The Liaison Committee shall be composed of an equal number of representatives from each party.
16. The Liaison Committee shall meet as often as required.
17. The Liaison Committee shall have the power to make joint recommendations to the parties concerning any matter relative to the implementation of this Agreement.

FINAL PROVISIONS

Duration of the Agreement

18. This Agreement shall take effect on the date of its signing by both parties and remain in effect for a period of five years, subject to the provisions of this Agreement.
19. The parties may agree on an agenda for the progressive implementation of this Agreement and, if necessary, on transitional arrangements.

Amendment of the Agreement

20. The parties may, by written agreement, amend this Agreement or conclude supplementary agreements by an exchange of letters with respect to the implementation of this Agreement on matters not specified herein.

Difficulties of Application

21. The parties agree to submit to the Liaison Committee any disagreement or situation that may hinder the application of any or all the provisions of this Agreement.
22. Should the difficulty remain unresolved at the expiry of a delay of thirty (30) days from the date it was submitted to the committee, the party that submitted it may address the other party a written resiliation notice as provided in section 23.

Cancellation of the Agreement

23. This Agreement is cancelled at the expiry of a delay of sixty (60) days from the date a written resiliation notice is forwarded by either of the parties, unless the parties agree on different terms before the end of such delay.
24. In case of cancellation, the Liaison Committee shall recommend to the parties the transitional or final arrangements to be made.

Extension or Renewal of the Agreement

25. This Agreement is automatically renewed unless one party gives the other a written notice of termination. This Agreement remains in effect for a maximum period of sixty (60) days after its expiry unless the parties agree otherwise.

In the event of non renewal of this Agreement, section 24 applies.

26. This Agreement is not intended to be an agreement or a treaty as contemplated in section 35 of the Constitution Act, 1982 nor is it to be interpreted in any way as abrogating, derogating, negating or recognizing any aboriginal, treaty or other rights.
27. Should any provision of this Agreement be declared null or void by a competent tribunal, the parties undertake to remedy this nullity or invalidity as quickly as possible so that the purposes of this Agreement can be achieved.

IN WITNESS WHEREOF the parties have signed this _____ day of _____ 1999:

On behalf of Québec,

_______________
Guy Chevrette
Ministre délégué aux Affaires autochtones

On behalf of Kahnawake,

_______________
Joseph Tokwiro Norton
Grand Chief
Mohawk Council of Kahnawake

Linda Goupil
Ministre de la Justice
Signature gouvernementale
Secrétariat aux affaires autochtones
905, avenue Honoré-Mercier, 1er étage - Québec (Qc)  G1R 5M6 - 418 643-3166
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