Kahnawake Education Lands (SLS #1)

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Kahnawake Education Center – Kahnawake Mohawk Territory (Thursday, December-16-10) –As a result of the many rumours circulating throughout the community regarding the Kahnawake Combined Schools Committee’s (KCSC) role in Tewatohnhi’saktha’s request for land re-designation from MCK, we are providing you with this backgrounder and question/answer sheet;

Background

When the KCSC announced the final choice of location for the new Kahnawake Survival School (KSS), the MCK Lands Unit was approached for access to a “right of way” through Lot SLS 11 (south or “front” of new KSS, where existing berms are), as Lot SLS 11 was designated by MCK for commercial development in 1992 as per MCR 110/1991-92. As part of this request, the KEC also requested the re-designation of a majority of lot SLS 11 for the creation of the KSS berms and future KSS Sports Fields. The Lands Unit refused the re-designation and the KCSC then petitioned the MCK to have access to Lot SLS 11.

The MCK did support the KCSC request for access, but due to Tewatohnhi’saktha’s “interest” in commercially designated Lot SLS 11, in May 2007 the MCK directed the KCSC and Tewatohnhi’saktha to complete a good faith acre for acre trade.

To date, this trade has NOT been completed as the two parties have not been able to come to terms and all of SLS 1 is still designated for Education and SLS 11 designated as Commercial. This is proven by the fact that MCK Lands signed a land lease with an individual in January 2010 on Lot SLS 11. The MCK has once again been asked by Tewatohnhi’saktha to re-designate a portion of Lot SLS 1 at a 1.375 to 1 trade ratio, which would be approx. 19.745 acres.

Frequently Asked Questions

Q: Have the KCSC already completed the “deal” with Tewatohnhi’saktha and approved by MCK?
A: No, as per the last KCSC meeting (Dec. 8/10) the KCSC wants an “acre for acre” maximum trade, due to the previous request by the MCK to negotiate in good faith.

Q: Why does the KCSC have the power to make a decision regarding those lands?
A: They do not; the land is “designated” for Education use right now (As per Mohawk Council Resolution (MCR) #94/79-80 signed in 1980 to create KSS). As stated in the MCR, the MCK has final approval over the lands uses.

Q: Is it true they did vote to transfer lands but this transaction has not been done yet?
A: The KCSC are holding to the previous KCSC’s decision (in 2007) to honour the MCK’s request for a “good faith” negotiation and exchange of one acre for one acre. This has not yet been tabled at the MCK.

Q: The current Survival School was built on “borrowed land” that was designated for commercial use?
A: No, the new KSS is on Lot SLA 1 which is designated for Education use. Only the “berms” in front of KSS are on SLS 11, as well as the entrance and a small corner of the new Sports Fields.

Q: Is lot SLS 11“owned” by Tewatohnhi’saktha?
A: No, in addition to other lands, as per MCR 110/1991-92, Lot SLS 11 is designated “commercial land” and 25% of the aforementioned lands in the MCR are held specifically for use of community economic development projects.

Q: What does Tewatohnhi’saktha have planned for the portion Lot SLS # 1 if the re-designation happens?
A: Although we have requested that Tewatohnhi’saktha do a presentation to the KCSC, they have not taken that opportunity and we do not have any confirmation on what is planned for that area. They would have to be contacted for that information.

Please note that the KCSC are planning a General Assembly of the parents in January 2011 as per the KCSC Constitution to obtain more feedback on this issue.

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For More Information Contact:

Louie John Diabo, Director of Finance & Operations
Kahnawake Education Center
450-632-8770
louiejohn.diabo@kec.qc.com