Part II - Enacted First Nations Legislation

Decision Information

Decision Content

AKWESASNE MOHAWK COUNCIL RESOLUTION 1989-/90 - 339 aaxjuu'Æ&ii To accept Law No. 89-01, being a law governing residency matters within the territory of Akwesasne. RESIDENCY LAW WHEREAS the Mohawk Council of Akwesasne wishes to preserve t in h e Ak c w u e l s t a u s r n a e l ; and political integrity of the Mohawk community WHEREAS the Mohawk Council of Akwesasne wishes to protect the rights of its community members and maintain law and order on the territory of Akwesasne; WHEREAS the Mohawk Council of Akwesasne wishes to control and regulate the process by which non-members are accorded the privilege of residing on the territory of Akwesasne; In this law: Membership Board" means the Akwesasne Membership Board established under the Membership Code of the Territory of Akwesasne enacted on the 26th day of June 19871--------- - --- -1 Every member of the Mohawk the right to Community in reside on the Territory of Akwesasne has Akwesasne. . . ./2 FOR DEPARTMENTAL USE ONLY 1. FUND C O M 2. COMPUTER BALANCE 1 EXPENDITURE 4. AUTHORITY 5. SOURCE OF FUNDS INDIAN ACT CAPITAL REVENUE CAPITAL $ $ 1 1 REVENUE 1 ,‘FCOMMENDED APPROVED 3<V. RECOMMENDING OFFICER DATE APPROVING OFFICER
AKWESASNE MOHAWK COUNCIL RESOLUTION 1989/90 - 339 MOHAWK COUNCIL OF AKWESASNE *I.3EMCY SOUTHERN ONTARIO DISTRICT PROVINCE ONTARIO/QUEBEC ST. REGIS COMMUNITY BUILDING 30 SEPT. DAY MONTH HEREBY RESOLVE: - A person who is not a member enrolled on the Akwesasne Membership Rolls may reside in the territory of Akwesasne if that person is: (a) a dependent child in the custody of a member residing in the territory of Akwesasne; (b) in possession of a Residency Permit issued by the Membership Board. A person wishing to remain on the territory of Akwesasne for a period exceeding fourteen (14) days must apply for a Residency Permit by appearing in person at the Membership Office and filling out the application form. 4. (1) In reviewing the person's application for residency, the Membership Board will consider the following factors : (a) whether the applicant is of Native ancestry; (b) the reasons for which the applicant seeks residency; (c) the means by which the applicant intends to support himself and his dependents, applicable; FOR DEPARTMENTAL USE ONLY 1. FUND CODE 2. COMPUTER BALANCE CAPITAL REVENUE $ $ I. : ‘"COMMENDED G A TT RECOMMENDING OFFICER FILE REFERENCE CURRENT CAPITAL BALANCE $ COMMITTED $ CURRENT REVENUE BALANCE $ 1989 AAAiSilWflR0% £ YEAR COMMITTED MOVED: SECONDED: 2 standard if . . ./3 3. EXPENDITURE 4. AUTHORITY 5. SOURCE OF FUNDS INDIAN ACT U CAPITAL REVENUE APPROVED DATE APPROVING OFFICER
AKWESÂSNE MOHAWK COUNCIL RESOLUTION 198-9/90 - 339 MOHAWK COUNCIL OF AKWESASNE m e t SOUTHERN ONTARIO DISTRICT ONTARIO/QUEBEC ST. REGIS COMMUNITY BUILDING TiS 30 SEPT. DAY MONTH e HEREBY RESOLVE: - 3 - (d) whether the applicant is member or has family ties (e) whether the applicant has a criminal record; (f) whether the conduct in his/her previous community; (g) whether there is adequate housing and services available on the territory to ensure that the applicant will have a suitable residence. (2) The Membership Board may require the applicant to appear before it to answer questions relevant to his request before rendering its decision to accept or reject the application. (3) The Membership Board may also hear representations by community members in support of or opposed to the person's application. (1) If the Membership Board is satisfied that the applicant meets the criteria set out in Section 4 of this Law, it shall issue a Residency Permit to the applicant for a designated period of time not to exceed twelve (12) months. FOR DEPARTMENTAL USE ONLY 11 £'AN0 FUND COOC 2. COMPUTER BALANCE CAPITAL REVENUE $ $ &. LOOMMENOED DATlf RECOMMENDING OFFICER PILE REFERENCE CURRENT CAPITAL BALANCE $ COMMITTED $ CURRENT REVENUE BALANCE » 1989 * YEAN COMMITTED MOVED: OdUicf SECONDED: Û A tji'J (harrtc/S i | ' 1 1 1 married to a community 1 in the community; applicant was of good . . ./4 -f & EXPENDITURE 4. AUTHORITY & SOURCE OF FUNDS INDIAN ACT CAPITAL 1 1 REVENUE APPROVED DATE APPROVING OFFICER
^
AKWESASNE MO 1 H 9 A 8 W 5/ K 9 T i^/l MOHAWK COUNCIL OF AKWESASNE AG2NCY SOUTHERN ONTARIO DISTRICT PROVINCE ONTARIO/QUEBEC PLUG* ST. REGIS COMMUNITY BUILDING BATE 30 SEPT. d a y m o n th C w HEREBY RESOLVE- - 4 -(2) If the applicant does not meet the criteria set out in Section 4 of this law, the Membership Board shall notify the applicant by sending a Notice of Rejection by registered mail explaining the reasons for its decision. (3) A person whose application for a Residency Permit has been rejected must leave the territory of Akwesasne within forty-eight (48) hours of receiving the Notice of may be extended at the discretion Membership Board. (1) A person who wishes to renew his Residency Permit must reapply to the Membership Board prior to the expiry date. (2) The Membership Board shall renew the Residency Permit for a designated period of time not to exceed twelve Section 4(1), 4(2) and 4(3). (3) Notwithstanding Subsection (2), the Membership Board shall not renew the Residency Permit if the possessor has not respected the community's laws or values, has failed to maintain peace in the community or if the person's marriage to a community member has terminated. FOR DEPARTMENTAL USE ONLY Y. C&ND FUNO CODE 2. COMPUTER BALANCE CAPITAL REVENUE < $ .. Si P3COMMBNDCD DAT* RECOMMENDING OFFICER 0 COU 3 N 3 C 9 IL RESOLUTION - CURRENT CAPITAL BALANCE $ COMMITTED $ CURRENT REVENUE BALANCE * 1989 A YEAR COMMITTED MOVED: OuUiJ SECONDED: ÿ)0Lf ,S Rejection. This delay of the (12) months, subject to . . ./5 3. EXPENDITURE 4. AUTHORITY S. SOURCE OF FUNDS INDIAN ACT CAPITAL 1 1 REVENUE APPROVED DATE APPROVING OFFICER
AKWESASNE MOHAWK COUNCIL RESOLUTION 1989-/90 - 339 MOHAWK COUNCIL OF AKWESASNE MDSNCV SOUTHERN ONTARIO DISTRICT ROVINCE ONTARIO/QUEBEC S’! HJi ST. REGIS COMMUNITY BUILDING 3Æ1HI 30 SEPT. d a y m o n th 30 HEREBY RESOLVE: - 5 -(4) In exercising it powers under Subsection (3), the Membership Board shall give the individual the opportunity to make representations and shall consider submissions from community members, if so requested. (5) The Membership Board shall inform the individual of its decision not to renew the Residency Permit by sending a Notice of Non-Renewal by registered mail explaining the reasons for its decision. (6) A person whose application for renewal has been rejected must leave the territory of Akwesasne within fourteen (14) days of receiving the Notice of Non-Renewal. This delay may be extended in the case where the non-renewal is due to the termination of the person's marriage to a community member. (1) The Membership Board shall revoke a Residency Permit if the possessor: (a) has been convicted of an indictable offence in Canada or of a felony in the United States; or (b) has been convicted of two (2) or more lesser offences against the property or person of a community member; FOR DEPARTMENTAL USE ONLY ! FUND COOC 2. COMPUTER BALANCE CAPITAL REVENUE * $ i COMMENDED 5ATE RECOMMENDING OFFICER FILE REFERENCE CURRENT CAPtTAL BALANCE 1 COMMITTED $ f CURRENT REVENUE BALANCE $ 1989 COMMITTED t YEAR m o v ed : ____J p w M SECONDED: U ilfA U j? or . . ./6 3. EXPENDITURE 4. AUTHORITY S. SOURCE OF FUNDS INDIAN ACT CD CAPITAL (ZD REVENUE APPROVED DATE APPROVING OFFICER
AKWESASNE MOHAWK COUNCIL RESOLUTION 1989/90 - 339 'i; stmm - 6 -(c) has breached the communitys laws, customs or values. (2) In exercising its powers under Subsection (1), the Membership Board shall give the individual the opportunity to make representations and shall consider submissions from community members; (3) The Membership Board shall inform the individual of its decision to revoke the Residency Permit by sending a Notice of Revocation by registered mail explaining the reasons for its decisions. (4) A person whose Residency Permit has been revoked must leave the territory of Akwesasne within fourteen (14) days of receiving the Notice of Revocation. 8. When the Membership Board obtains information that a person has been residing in Akwesasne for a period exceeding fourteen (14) days without a Residency Permit, it shall contact that person directing him to apply in person at the Membership Office within ten (10) days of the mailing date. FOR DEPARTMENTAL USE ONLY t, H A W FUND C O N 2. COMPUTER BALANCE 1 EXPENDITURE 4. AUTHORITY &. SOURCE OP FUNDS MDIAM ACT CAPITAL REVENUE CAPITAL $ 1 1 REVENUE * rncoM M EM om APPROVED DAVE RECOMMENDING OFFICER DATE APPROVING OFFICER
FILE REFERENCE AKWESASNE MOHAWK COUNCIL RESOLUTION 1989/90 - 339 MOHAWK COUNCIL OF AKWESASNE CURRENT CAPITAL BALANCE 4ŒNCV SOUTHERN ONTARIO DISTRICT COMMITTED 'R07SNCE ONTARIO/QUEBEC CURRENT REVENUE M.AGE ST. REGIS COMMUNITY BUILDING BALANCE 30 SEPT. .i a a a . DAY MONTH YEAR COMMITTED 70 HEREBY RESOLVE: MOVED: SECONDED: - 7 -9. A person who fails to comply with the provisions of Sections 5(3), 6(6), 7(4) or Section 8 without cause is guilty of a summary conviction offence and liable to a fine not exceeding one thousand dollars ($1,000.00) or a term of imprisonment not exceeding thirty (30) days or to both. 10, All decisions rendered by the Membership Board regarding Residency Permits are final. 11 The provisions of this law do not apply to persons in possession of a valid lease issued or approved by the Mohawk Council of Akwesasne. CARRIED GRAND CHIEF i'ijpLjL, ü h n r i p a n t . CHIEF ^ f / / CHIEF i-4 n m i /_LA £orr\ [L £) p/Yv ____ CHIEF I CHIEF 1 CHIEF CHWEF CHIEF CĤEF M IZ MEETING TOOK PLACE K 7 m TERRITORY OF ATlWESASNE, w ith t h e FOLLOWING MEMBERS OF TK l AKWESASNE MOHAWK COUNCIL ?n:r££!OING. ^riTir ax.* r.n FOR DEPARTMENTAL USE ONLY t*ND FUND CODE 2. COMPUTER BALANCE 3. EXPENDITURE 4. AUTHORITY S. SOURCE OF FUNDS INDIAN ACT CAPITAL REVENUE CAPITAL $ $ REVENUE ! COMMENDED APPROVED RECOMMENDING OFFICER DATE APPROVING OFFICER
^
 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.