(Photo submitted by Mohawk Council of Akwesasne)
The Akwesasne Court, on the Canadian portion of the Mohawk territory, announced earlier this week that it has received five appeals in regards to the Dundee Land Claim Settlement Agreement Special Referendum, which was held on December 8, 2018.
Out of 2,197 voters, 79.61 percent approved the terms and conditions of the Dundee Claim Settlement Agreement.
However, even though a majority of those voters accepted the proposed agreement, which was a $240 million offer from Canada to settle the 130-year-old land grievance, only 28 percent of eligible voters participated in the referendum.
Several days after the referendum results were shared, some Akwesasne community members rallied against the validity of the referendum and urged community members to submit an appeal.
According to the Mohawk Council of Akwesasne(MCA) press release, the process to submit appeals has to be made ‘in accordance to the Regulation under section 19.1, by December 14, 2018, and no later than 1:00 pm. In keeping with the Regulation Appeals section 19.1 under section 20.0, Procedure on Appeals 20.3, the Akwesasne Court shall review the appeal, the reply, the response, if any and all supporting documents submitted under Article 19.0 within five (5) days of receipt from the Court Administrator to determine if the appeal meets the threshold to proceed to a full hearing.’
Akwesasne Court Administrator, Cheryl Jacobs, says that “given the volume of documentation submitted with each application, and the reply from the individually named respondents, our two sitting Akwesasne Court Justices have determined that as each file review has been concluded. They will make their determination according to the review period identified in the Regulation which will in effect go beyond that five day determination time frame.
The Court does have the authority to make the decision to effectively review each file outside of the five day referendum regulation identified timeframe.â€
The Dundee Land Claim Settlement Agreement Special Referendum Regulation appeals are being reviewed individually at this time.
MCA says ‘the community can be assured that the court is committed to providing a fair process and is working diligently to fulfill the court’s duties and responsibilities while upholding and respecting the values of the Mohawks of Akwesasne.â€
Any full hearing determinations require the Court Administration to administratively and effectively notify the parties involved. Â The following Akwesasne community members have submitted an appeal:
- Scott Peters
- 002-DSRR-12/18 (A) Ronald M. Sunday
- 003-DSRR-12/18 (A) Steven Thompson
- 004-DSRR-12/18 (A) Virginia M. Johnson
- 005-DSRR-12/18 – Karla Ransom
As of Friday, January 25, 2019, it has been a determined on file #001-DSRR-12/18 — appellant Mr. Scott Peters v Respondent MCA Chief Referendum Officer Leona Benedict, in which the Justices have concluded the matter will proceed to a full hearing.
MCA says full updates will be provided as each determination has been delivered to the ‘Appellants and Respondent’ in the above-noted cases.
By: ATV Staff
