Court will soon hear evictions 

Kahnawake now has a residency compliance officer. That is, someone who’ll take on the role of filing eviction orders to the Court of the Kahnawake. 

The community has already had an eviction law in place since last year, but up until now it’s been unenforceable. That’s because the law revolves around a complaints-based process, which requires a compliance officer to assess whether the eviction is justified or not before bringing it to the court. 

“I’m not the one evicting people,” said Kyle Jacobs, the man hired to do the job. “I cannot make the complaint myself. I cannot go around looking at people, making the request on my own.”

The Kahnawake Peacekeepers will have the authority to remove people with force if needed should the court grant an eviction.

The Mohawk Council of Kahnawake (MCK) maintains set criteria regarding who is and isn’t allowed to reside in town. That includes those listed on their membership list, the Kanien’kehá:ka of Kahnawake Registry (KKR), as well as those who aren’t but have been granted authorization to reside because of their lineage and ties to the community. 

Short-term residency permits can also be granted to Onkwehón:we who work and study in the community, or who are here on humanitarian grounds.

Only those listed on the KKR will be able to file the requests for eviction, said Jacobs, who spent over 20 years working in the local online sports betting industry prior to applying for the job.

This newest eviction process comes following a 2018 Quebec Superior Court ruling that found the band council’s former process to be in violation of the Canadian Charter of Rights and Freedoms. That law, known as the marry out, get out law, first came into effect in 1981.

Community members will still have to wait until April until they can formally submit their eviction requests to the MCK’s membership office. In the meantime, education kiosks are expected to be hosted in town to raise awareness about how the complaints process will operate.

“This is all about getting the residency law in front of the people and letting them know that the complaints policy is starting, and how to start taking those steps to file a complaint,” Council chief Jeremiah Johnson said.

Those not on the KKR who’d like to learn more about how to apply residency can also come by with whatever questions they have, he said.

“They’re the people who are going to be most affected by this,” Johnson said. 

The first kiosk will be hosted in the Kahnawà:ke Shakotiia’takehnhas Community Services (KSCS) lobby on February 28, with more expected to happen there over the month of March. 

An information session about the eviction complaints process is also expected to be hosted at the Golden Age Club on April 16, starting at 6:30 p.m.

[email protected]