Amendments made to justice constitution

Greater community involvement is at the heart of new amendments made to the constitution of the Kahnawake Justice Commission, with changes to the composition of the commission and overall mandate focusing on better servicing Kahnawake.

“It’s Kahnawake’s justice system, so we should have as much community representation on that commission making decisions as possible,” said Kevin Fleischer, commissioner of justice.

The Kahnawake Justice Commission is part of Kahnawake’s Justice Services, which includes a number of departments, including the Court of Kahnawake, restorative justice services, and Ionkwatahónhsate Victims Services.

The Justice Commission is responsible for monitoring the activities of Justice Services and operates at arm’s length from the Mohawk Council of Kahnawake (MCK).

Previously, four individuals sat on the commission: the commissioner of justice who sits as chairperson in a non-voting role, two community representatives with decision-making privileges, and a third member of the judiciary, who also had decision-making privileges.

The amendments, which were passed by Mohawk Council Executive Directive (MCED) at a Council meeting last week, include the addition of a third community representative, and the transfer of the judiciary role to being an advisory position rather than a decision-making one.

“Adding the extra community representative allows for greater involvement and greater participation by community members on the Justice Commission,” Fleischer said.

Another major change is a shifted mandate. Now, the Justice Commission has a mandate to provide overall strategic direction to Justice Services, a duty that was previously held by the justice portfolio team, which is always led by a Mohawk Council of Kahnawake (MCK) chief.

Currently, MCK chief Tonya Perron is the lead for the justice portfolio with MCK chief Ryan Montour also a portfolio chief.

“The decision was made so that strategic direction and the administration of our justice system is as independent from any other group as possible,” Fleischer said.

Under the new amendments, people who are MCK employees will no longer be sitting on the commission in a decision-making capacity. A public callout for a new community representative will be posted in the coming weeks, and the commission will make recommendations to Council based on applicants’ letters of interest. Council will ultimately be responsible for appointing the chosen candidate.

“The Kahnawake Justice Commission is accountable to the Mohawk Council of Kahnawake, and it’s also accountable to the Kanien’kehá:ka of Kahnawake,” Fleischer said.

Other amendments to the constitution include changes to annual report requirements to ensure that reports aren’t just prepared about the commission but rather the justice system as a whole, as well as clerical and grammatical changes.

The amendments are the latest in administrative updates to Kahnawake’s Justice Services, with several governance documents for the commission being updated within the last year, including the code of conduct, the decision-making procedure, and the procedure for agendas and minutes.

“We’re really getting the house in order to prepare for all the work that will be happening in our justice system in the months to come,” Fleischer said.

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