Kahnawake will not appeal after ‘marry out, get out’ provisions ruled unconstitutional

In May, Quebec Superior Court Justice Thomas Davis ruled the sections are discriminatory and violate the federal Charter of Rights and Freedoms.

As long as it respects the charter, the Mohawk council was also given the opportunity to find another way to protect lands, language and culture.

While he acknowledged that actions by the federal government led to land expropriation and discouraged members of the community from embracing their culture, Davis said the chiefs who testified failed to show how mixed marriages have an impact on land use or culture.

 

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