Judges to soon preside over court

The Court of Kahnawake is now one step closer to having its own judges following the release of two draft regulations to the community this week. 

The court is currently presided over by a single justice of the peace. That role exists through the Indian Act, with the federal government responsible for the appointment process. 

That’s set to change as of next year, commissioner justice services Kevin Fleischer said, when these two draft regulations are expected to come into effect, allowing Kahnawake to take over the selection process instead.

“It’s unilateral because the appointment is through our laws using our own process,” he said. “There’s no involvement in any way from Canada or Quebec in the appointment of these judges. It’s strictly under the Kahnawake Justice Act.”

The hope is to have a public call-out for at least three judges out by the winter. 

Before that can happen however, community members are being given a 30-day period to review and provide feedback on the two draft regulations, which can be found online at kahnawakemakingdecisions.com. 

One pertains to eligibility requirements, with the other focused on the selection process for the judges.

“I encourage everyone to take a look at the regulations and provide any comments or concerns or any suggestions they might have, because these judges are ultimately the judges for everyone in the community, so everyone should chime in if they have something to add,” Fleischer said. Modifications could be made to the regulations depending on the feedback received, he added.

The Court of Kahnawake will still retain its justice of the peace until she chooses to retire, he said, but once she does the title will be phased out completely from Kahnawake’s justice system. 

Stephanie Cross has held onto the role since the 1990s, and has since become the last to hold the title at the court. Joyce King left in July. 

“At the present time, we only have one justice of the peace remaining to preside at the Court of Kahnawake, and that’s very dangerous for us right now,” said Fleischer, adding this has already prompted delays in hearings. “Should something happen to that justice of the peace, we won’t have anyone to hear cases at our court, so we’re moving very quickly on these regulations.”

The judges set to be appointed to the court will preside over the same kinds of cases previously dealt with by their justices of the peace, but the aim is for them to eventually also hear civil cases in addition to more serious crimes, said Tonya Perron, the Council chief with the lead on justice. 

“Right now, a justice of the peace, especially the one under section 107 of the Indian Act, doesn’t have authority to hear any civil matters. They can only hear limited criminal matters and traffic violations,” for instance, she explained.

She mentioned small claims and disputes over land or property as some examples of civil matters currently being considered.

As for criminal cases, she clarified there isn’t an interest in laying charges that could lead to community members being incarcerated, as it’s something many in the community are against.

“We are focusing more on our customary or traditional ways of justice, how we dealt with it, which was always restorative justice, rehabilitation, repairing the harm done,” she said. “Our Court of Kahnawake would always want to remain focused on the criminal cases like that, where those principles of restorative justice can actually be applied.”

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