MCK threatened with legal action concerning the Eviction of members and their non-native spouses

09/11/2014

The Mohawk Council of Kahnawà:ke (MCK) is informing Kahnawa’kehró:non that it has received a legal demand letter threatening legal action with respect to “mixed couples” residing in the Territory. The letter was sent by an attorney representing a group of three persons.

This demand letter (dated September 8, 2014) accuses the MCK of failing to “condemn in firm and decisive language” alleged harassment and, indeed, “even encouraging harassment against mixed couples.” It further states that is the intent of the complainants “(t)o seek a judicial declaration of the nullity of (Kahnawà:ke’s) membership rules.

Additionally, it further demands that the MCK “(a)ccept that the (Membership Law) policy is null and void” and that it “(u)ndertakes to denounce the harassment and the pressure” allegedly suffered by the complainants within 72 hours, otherwise they will “(t)ake legal action to obtain declaratory relief and injunctive relief.” The letter further evaluates moral damages in the amount of $100,000 per person and estimates exemplary damages in the amount of $200,000 per person.

The MCK has responded and will vigorously defend the interests of the community and its right to create, administer and adopt its own laws regarding membership. The MCK considers statements made within the letter alleging intolerance and encouragement of harassment to be highly offensive and completely erroneous given its previous public denunciation of such actions.