Council update on federal court case

The Mohawk Council of Kanesatake (MCK) caretaker council signaled it is open to discussing an alternative pathway to a local election, while no hearing has been booked yet for the federal court case regarding Kanesatake’s election process.

“Council continues to be open to discussing with the other parties to find solutions that would allow new elections to take place on a solid legal footing without waiting for the court hearing to take place,” reads a May 12 MCK press release.

Earlier this year, the MCK offered multiple settlements to respondents of the case in an attempt to cut the court case short and trigger an election, said caretaker council member Brant Etienne during an interview in March.

Detailed discussions about settlement offers cannot be shared with the public.

However, the offers did not work out, according to multiple sources, including Etienne and respondents of the case, such as Amanda Simon, a candidate for the 2025 election, and former grand chief Victor Bonspille during interviews in March.

In the ongoing court case, the last step completed on January 16, “was for all parties to indicate to the Court that the file was complete and that they were ready to proceed to a hearing in the next 90 days,” according to the MCK press release.

“Unfortunately, despite the parties indicating that they are ready to go to a hearing, the Court has yet to assign hearing dates,” reads the press release.

On March 20, the Federal Court sent a memorandum to all the parties involved in the court case to get their availability to book a hearing.

In an interview in March, Simon’s lawyer Vincent Carney said he believed the hearing would take place before the end of June.

“Council’s lawyers have written to the Court on several occasions requesting that the file be moved forward as a priority, even going as far as writing to the Chief Justice, but as of today, no hearing dates have been set,” reads the MCK press release.

When will the election happen?

The next election will happen when the parties involved in the case agree on a settlement to end the court case and start the election, or when the Federal Court rules on the court case.

Last year, Kanesatake’s election was cancelled on August 1, the day before it was to be held, by the chief electoral officer Graeme Drew, throwing the community into uncertainty over who was in power.

The MCK applied for interlocutory relief in the form of a judge’s order instituting a caretaker council made up of five outgoing Council chiefs, including Serge Otsi Simon, Brant Etienne, Amy Beauvais, Denise David, and John Canatonquin. This was granted in October 2025.

“During the October 7 hearing, the judge expressed her view that a caretaker Council does not have the authority to call a new election. This means that without an agreement between the parties, a new election will only be possible after the Federal Court renders its judgment and confirms the proper approach to organizing a new election,” reads the press release.

For the ongoing court case, the MCK applied for a judicial review of the election, on “whether the office of CEO is currently vacant, if so, who is responsible for hiring a new CEO and when should a new election take place, whether a special public meeting within the meaning of paragraph 8.3 of the Code hold the authority to make that decision, and what is the process for the new election?”

A Federal Court ruling will determine how the next election will proceed if a settlement is not reached.

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Hadassah Alencar, Local Journalism Initiative Reporter