Notice of constitutional issue - aboriginal and treaty rights
Quebec City, October 19, 2020.
Pursuant to an order issued by the Superior Court of Quebec on September 15, 2020, in the context of the trial of R v Derek White and R v. Hunter Montour (505-01-137394-165), the Attorney General of Québec publishes the Notice of Constitutional Question filed by the defendants, both Mohawks of Kahnawake.
This Notice alleges the existence of Aboriginal rights, collective rights and treaty rights protected by s. 35 of the Constitutional Act, 1982. Any Aboriginal People within the meaning of s. 35(1) of the Constitution Act, 1982, who consider being a historical partner in a treaty which is invoked, or who consider that they benefit from one of the rights claimed, has 30 days from the date of the present publication to take any measures they consider appropriate, including any request to participate in the judicial proceedings.
Please note that the English version filed in the Court record remains the only official version.