KAHNAWÁ:KE BIRTH, MEMBERSHIP, MARRIAGE & DEATH CERTIFICATES LAW

Transcription

1 Title KAHNAWÁ:KE BIRTH, MEMBERSHIP, MARRIAGE & DEATH CERTIFICATES LAW K.R.L. c. B-1 [Enacted by MCR # ] Preamble WHEREAS this is a Kahnawá:ke Communal Law in and for the Mohawk Territory of Kahnawá:ke concerning the recording of membership, marriage and death of Kahnawá:keró:non through the issuance of true copies of certificates ; and, SECTION I Jurisdiction 1. JURISDICTION 1.1 The Mohawk People of Kahnawá:ke, as part of the Mohawk Nation and the Haudenosaunee (Iroquois Confederacy), are and always have been sovereign peoples. 1.2 The Mohawk People have consistently and historically exercised ultimate and exclusive jurisdiction over the Mohawk Territory of Kahnawá:ke (the Territory ). 1.3 The Mohawk People of Kahnawá:ke have an existing and inherent right of selfdetermination, which includes the right and the responsibility to maintain peace, order and security of persons and the community within the Mohawk Territory of Kahnawá:ke. The Mohawk People of Kahnawá:ke have consistently and historically exercised this right and fulfilled this responsibility. 1.4 In accordance with the Great Law of Peace, the Mohawk People abide by the principles of power, peace and righteousness. These principles govern the direction of the Mohawk People of Kahnawá:ke for the present and future generations. 1.5 The Mohawk People of Kahnawá:ke have ultimate and exclusive power, rights and jurisdiction to establish and maintain a law to record the membership, marriage, and deaths of Kahnawá:keró:non through the issuance of certificates. Application 2. APPLICATION 2.1 The present law applies to all Mohawks of Kahnawá:ke. 1

2 Paramountcy 3. PARAMOUNTCY 3.1 This law is paramount over any other legislation, act or regulation relating to or concerning membership, marriage, and death certificates, as it purports to relate to Kahnawá:ke, including any act or regulation of the Parliament of Canada, the legislative assembly of any province of Canada and any other government. Definitions 4. DEFINITIONS 4.1 For the purposes of this Kahnawá:ke Communal Law, unless the context indicates otherwise, these words have the following meanings: Attestation of Death Child Kahnawá:ke Mohawk Registry Member Mohawks of Kahnawá:ke Mohawk Territory of Kahnawá:ke "Attestation of Death" means a document issued by a medical practitioner evidencing the death of a person. "Child" means the natural or adopted child of a member of the Mohawks of Kahnawá:ke and who is listed on the Kahnawá:ke Mohawk Registry. "Kahnawá:ke Mohawk Registry" means the list of members maintained by the Registrar in accordance with the Kahnawá:ke Membership Law and does not include any list kept by the Department of Indian Affairs and Northern Development (Canada) or any foreign government. "Member" means a person who has been confirmed as being a member of the Mohawks of Kahnawá:ke in accordance with the Kahnawá:ke Membership Law and its regulations. Mohawks of Kahnawá:ke means a person identified as a Mohawk by the Kahnawá:ke Mohawk Law concerning membership, as it may be amended from time to time. Mohawk Territory of Kahnawá:ke means: a) the land now held under the mandate of the Mohawk People of Kahnawá:ke; b) any and all lands that may be added to the lands now held under the mandate of the Mohawk People of Kahnawá:ke through the negotiation and resolution of land grievances; and c) any and all lands that may be added to the lands now held under the mandate of the Mohawk People of Kahnawá:ke as the result of any other means. Social Tribunal Registrar "Social Tribunal" means the administrative tribunal established in accordance with the Kahnawá:ke Charter in order to hear matters related to the issuance of certificate under the present Law. "Registrar" has the same meaning as it has in the Kahnawá:ke Membership Law. 2

3 Registry of Birth, Memberships,, Marriages and Death "Registry of Births, Memberships, Marriages and Deaths" means the place where the certificates of membership, marriage and death are physically located and under the control of the Registrar. SECTION II General Provisions 5. GENERAL PROVISIONS 5.1 The Registrar will keep a record of the birth, marriage and death of all members; 5.2 The Registrar will issue certified copies of membership, marriage and/or death certificates of its members when requested to do so by a member; 5.3 The Registrar may charge a nominal fees for the issuance of a certificate, 5.4 A certified copy of a certificate signed by the Registrar makes proof of its content before any court in Kahnawá:ke, until proof to the contrary is made; 5.5 Any dispute arising out of or related to the issuance of a certificate will be heard before the Social Tribunal and no appeal lies from that decision. Certificates of Birth 6. CERTIFICATES OF BIRTH 6.1 The Registrar shall issue a certificate of birth in the name of a child born to a member upon the request of that member; 6.2 Before issuing the certificate of birth at the request of a member, the Registrar shall ensure that a recognized attestation of birth has been issued by the hospital, doctor, nurse or mid-wife or any other person who assisted at the birth; 6.3 The parent-member shall request the certificate of birth by filling out the request form as provided for in the regulations and attaching to the form the attestation of birth, within thirty (30) days of the birth; 6.4 The certificate of birth will be in the form set forth in the regulations and will mention the name of the child, the child's sex, the place, date and time of birth, and the mother's and father's name if known; 6.5 Only the mother and father may express their filiation to the child with respect to themselves. However, either may express the filiation of the other to the child if the child was conceived during the marriage of the parents; 3

4 Certificates of Membership 7. CERTIFICATES OF MEMBERSHIP 7.1 The Registrar shall issue a certificate of membership to any member who requests the certificate; 7.2 The Registrar shall also issue a certificate of membership to a child or adopted child upon the request of the child's parent or guardian if the child's name appears in the Kahnawá:ke Mohawk Registry, 7.3 The Registrar shall before issuing the certificate verify that the person in who's name the certificate will be issued is in fact listed on the Kahnawá:ke Mohawk Registry as a member of the Mohawks of Kahnawá:ke; 7.4 The certificate will be in the form set forth in the regulations and will mention the person's name, date of birth, place of birth, the names of the mother and father, the rights and obligations of the member and any conditions attached to the person's membership; Certificates of Marriages 8. CERTIFICATES OF MARRIAGE 8.1 The Registrar shall issue a certificate of marriage to recognize the marriage of two members if that marriage is performed in Kahnawá:ke and when the members present proof of their marriage to the Registrar; 8.2 The Registrar shall also issue a certificate of marriage to recognize the marriage of two members when that marriage was performed in a jurisdiction other than Kahnawá:ke, and when they provide the Registrar with a certified copy of the marriage certificate from the other jurisdiction; 8.3 Before issuing a certificate of marriage the Registrar will in all cases verify that the members requesting the certificate are in fact listed on the Kahnawá:ke Mohawk Registry as members of the Mohawks of Kahnawá:ke and that they are in fact married to each other; 8.4 The certificate will be in the form set forth in the regulation, but will state the names of the spouses, the date and place of the marriage, the age of the spouses, and the names of each spouses mother and father; Certificate of Death 9. CERTIFICATES OF DEATH 9.1 At the request of a member the Registrar shall issue a death certificate confirming the death of a member; 9.2 Before issuing the death certificate the Registrar shall verify the fact that the member for whom the certificate is to be issued is in fact dead and that the person was in fact listed on the Kahnawá:ke Mohawk Registry as a member of the 4

5 Mohawks of Kahnawá:ke. Proof of death shall be established by a medical doctor through the issuance of an attestation of death; 9.3 The certificate will be in the form set forth in the regulations, but will state the date of death and burial if known, the name of the deceased, the place of the deceased's last domicile, and the name of the doctor who established the death; Portfolio Chief Responsible for Law 10. PORTFOLIO CHIEF RESPONSIBLE FOR LAW 10.1 The Social Development Portfolio Chief(s) is responsible for the present law. Keeping of the Certificates 11. KEEPING OF THE CERTIFICATES 11.1 The Registrar will keep the original of all certificates that are issued in one central registry named the Registry of Births, Memberships, Marriages and Deaths; 11.2 The Registry will be divided into four sections one containing the certificates of birth, the second containing the certificates of membership, the third containing the certificates of marriage and the fourth containing the certificates of death; 11.3 The Registrar will keep a copy of all the certificates in a separate location to ensure that the Registry can be reconstituted in the event that the originals are lost or destroyed; 11.4 The copies of the certificates will be in print form and will be signed by the Registrar as being a true copy of the original; 11.5 Both the originals and the copies of the certificates will be kept in a secure place under lock and key; 11.6 These records will be updated on a continuous basis; SECTION III Alterations, Modifications or Changes to Certificates 12. ALTERATIONS, MODIFICATIONS OR CHANGES TO CERTIFICATES 12.1 At the request by an interested member, the Registrar is authorized to correct clerical errors that appear on a certificate; 12.2 Any other request to alter a certificate, which is not merely based on a clerical error must be made before the Social Tribunal. 5

6 12.3 If the Social Tribunal decides to authorize the requested alteration to a certificate the Tribunal will immediately inform the Registrar of its decision and the Registrar will alter the certificate of the member in accordance with the Tribunal's instructions In order to effect the alteration either of a clerical error or of the Social Tribunal's decision the Registrar will issue a new certificate containing the all the information that has not been changed as well as all alterations requested and granted; 12.5 The Registrar will place a line diagonally across the old certificate and will place it with the original of the new certificate; Coming into Force 13. COMING INTO FORCE 13.1 This Law will come into force on a date fixed a Mohawk Council Resolution. SECTION IV History 14. HISTORY Origin MCR. Date of Revision 01 Tsothohrkó:wa/January,