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

Similar documents
CHAPTER This Act may be cited as the Adoption of Children. 2. (1) Upon an application in the prescribed manner Power to make

This application is to obtain a Birth Certificate for individuals who were born in Ontario. Applicant Information

LAW OF THE REPUBLIC OF GEORGIA ON CITIZENSHIP OF GEORGIA

CHAPTER 131 ADOPTION OF CHILDREN

Electricity and Water (Corporatisation) (Consequential Provisions) Act 1995

TITLE 9. HEALTH SERVICES CHAPTER 19. DEPARTMENT OF HEALTH SERVICES VITAL RECORDS AND STATISTICS

7 FAM 1100 APPENDIX E BIRTH IN WEDLOCK, OF WEDLOCK, VOID AND VOIDABLE MARRIAGES

This is a publication of the Netherlands Ministry of Foreign Affairs. FAQ Same-sex marriage 2010

VITAL STATISTICS ACT

Application for adoption information: Relative or guardian of adopted person who is deceased or does not have capacity

SUCCESSION WILLS ACT 7 OF 1953 [ASSENTED TO 25 FEBRUARY 1953] [DATE OF COMMENCEMENT: 1 JANUARY 1954] (English text signed by the Governor-General)

Gender Recognition Act 2004

CHECKLIST FOR THE PREPARATION AND REVIEW OF A PETITION FOR ADOPTION INVOLVING A DEPARTMENT OR AGENCY ADOPTIVE PLACEMENT PURSUANT TO O.C.G.A.

Southern State Superannuation Act 2009

RULE 63 DIVORCE AND FAMILY LAW

ADOPTION OF CHILDREN CHAPTER 131

Paternity Act. (700/1975; amendments up to 379/2005 included)

08 LC S. The House Committee on Judiciary offers the following substitute to SB 381: A BILL TO BE ENTITLED AN ACT

PROCEDURE FOR APPLYING ONLINE FOR INDIAN CITIZENSHIP BY DESCENT UNDER SECTION 4 (1) OF THE CITIZENSHIP ACT,1955

RULES ALABAMA STATE BOARD OF HEALTH ALABAMA DEPARTMENT OF PUBLIC HEALTH CHAPTER VITAL STATISTICS REVISED: FEBRUARY 2014

The City Civil Registry Office Local Government Unit Pasay City

APPLICATION TO AMEND CERTIFICATE OF BIRTH

The Adoption Act, 1998

APPLICATION FOR A GRENADIAN PASSPORT

Province of Alberta FAMILY LAW ACT. Statutes of Alberta, 2003 Chapter F-4.5. Current as of December 17, Office Consolidation

Applying For Your Social Insurance Number

DEPARTMENT FOR CHILDREN, SCHOOLS AND FAMILIES. The Children Act 1989 Guidance and Regulations. Volume 1. Court Orders


ADVANCE PERSONAL PLAN

IMMIGRATION Canada. São Paulo. Sponsorship of parents, grandparents, adopted children and other relatives. Visa Office Specific Instructions

Death Verification of Death and Medical Certificate of Cause of Death

CONSENT TO ADOPTION OF MINOR CHILD NOTICE TO PARENT OR LEGAL GUARDIAN:

PERSONAL IDENTITY INFORMATION DIRECTION

UNIFORM ACT ON GENERAL COMMERCIAL LAW CHAPTER 1 DEFINITION OF TRADER AND COMMERCIAL TRANSACTIONS

IMMIGRATION Canada. Warsaw. Sponsorship of parents, grandparents, adopted children and other relatives. Visa Office Specific Instructions

The Act of 4 December 1993 No. 97 Collection of Laws

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

You may petition for adoption in the Probate Division of the Vermont Superior Court if:

New South Wales. 1 Name of Act 2 Commencement 3 Definitions 4 Who is a witness?

FAMILY LAW (GUARDIANSHIP OF MINORS, DOMICILE AND MAINTENANCE) ACT

NEW ARRANGEMENTS FOR MATTERS UNDER THE RESIDENTIAL TENANCIES ACT

Rule 42. Practice of attorneys not admitted in Nevada. (1) All actions or proceedings pending before a court in this state;

Requirements for Registering Out-of-Hospital Births Occurring in Los Angeles County Vital Records Jurisdiction

PERSONAL IDENTITY INFORMATION DIRECTION

Legal Information for Same Sex Couples

APPLICATION FOR CONSULAR REPORT OF BIRTH ABROAD OF A CITIZEN OF THE UNITED STATES OF AMERICA

Guide to Identifying Personal Information Banks

Undergraduate Residency Reclassification Appeal

WHY YOU NEED A WILL - QUEBEC

BC SERVICES CARD DIRECTION

What Is the Indian Child Welfare Act?

Serial 184 Work Health Administration Bill 2011 Ms Lawrie. A Bill for an Act to provide for the Work Health Authority and Work Health Court

The Court of Protection Rules 2007

PUBLIC SERVICE ACT An Act to make provision in respect of the public service of Lesotho and for related matters. PART I - PRELIMINARY

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

REPRESENTATION Agreement Adult Protection and Decision Making Act, Part 2

2. Probate 2.1. Probate, what is it? 2.2. When will I need probate? 2.3. How do I apply for probate?

I. INTRODUCTION DEFINITIONS

SASS FORM 405 APPLICATION FOR BENEFIT PAYMENT UPON (OR DEFERRAL) How to apply. Use this form... Do not use this form. Notes for applicants

A GUIDE TO THE FIRST HOME OWNER GRANT

STATUS OF MINORS AND CHILD SUPPORT Act 293 of The People of the State of Michigan enact:

Third Parties (Rights against Insurers) Act 2010

Withdraw super from your Rollover Account

TORONTO MUNICIPAL CODE CHAPTER 140, LOBBYING. Chapter 140 LOBBYING. ARTICLE I General Restriction on application (persons and organizations).

Witness Protection Act 1995 No 87

Citizenship for Children

CLAIMING A BENEFIT FACT SHEET

Family Law Act CHAPTER 27. Reprinted 1999

SOUTH AFRICAN REQUIREMENTS FOR MINORS TRAVELLING INTERNATIONALLY

APPLICATIONS FOR A FINANCIAL REMEDY

Marriage Registration and Certification:

OFFICIAL LOG BOOK For a Bermuda Ship

Marriage (Same Sex Couples) Act 2013

BERMUDA ADOPTION OF CHILDREN REGULATIONS 2013 BR 93 / 2013

A GUIDE TO UNDERSTANDING THE EMANCIPATION OF A MINOR

Life Events/Salary Increase cover

1999 No CONSUMER PROTECTION. The Unfair Terms in Consumer Contracts Regulations 1999

The Emergency Protection for Victims of Child Sexual Abuse and Exploitation Act

Issue Brief. Arizona State Senate LEGAL DECISION-MAKING AND PARENTING TIME INTRODUCTION DETERMINING LEGAL DECISION-MAKING AND PARENTING TIME

Documents required for PAN

DO NOT COMPLETE GRAY SECTIONS UNTIL AFTER DELIVERY

CLIENT IDENTIFICATION AND VERIFICATION RULES

MAINTENANCE ACT 99 OF 1998

Adoption 1 LAWS OF MALAYSIA REPRINT. Act 257 ADOPTION ACT Incorporating all amendments up to 1 January 2006

HUMAN TISSUE AND ORGAN DONATION ACT

(5 October 2009 to date) UNEMPLOYMENT INSURANCE ACT 63 OF 2001

Act British Nationality ARRANGEMENT OF SECTIONS CHAPTER 61. and Colonies. Community Treaties. relevant employment.

WILLS AND ESTATES MAKING A WILL, OBTAINING GRANTS OF REPRESENTATION, DISPUTES & CLAIMS AGAINST A DECEASED ESTATE & ESTATE PLANNING

c Pr32 Institute of Management Consultants of Ontario Act, 1983

13 LC ER. Senate Bill 202 By: Senators Unterman of the 45th, Mullis of the 53rd and Chance of the 16th A BILL TO BE ENTITLED AN ACT

BIRTH CERTIFICATES FOR THE STATE OF ARIZONA

PLEASE NOTE. For more information concerning the history of these regulations, please see the Table of Regulations.

Key Performance Indicators

An affidavit is a document containing a statement that the deponent swears to be true to the best of their knowledge.

FURR & HENSHAW 1900 Oak Street, P.O. Box 2909, Myrtle Beach, SC (843) and 1534 Blanding Street, Columbia, SC (803)

Tuition Benefits HUMAN RESOURCES AND ORGANIZATIONAL DEVELOPMENT

The University of Pittsburgh Student Government Board. Constitution

THE CITY OF NEW YORK DEPARTMENT OF FINANCE NOTICE OF RULEMAKING

INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM , PETITION FOR GRANDPARENT VISITATION. When should this form be used? What should I do next?

Transcription:

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

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

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

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

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

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. 12.4 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, 2008. 6