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“The evidence allows the court to draw the conclusion that sections of the KML (membership law) are largely, (if not solely) grounded in a stereotypical belief that non-native spouses will use the resources and land of the band in a way that is detrimental to it and that this will have a negative impact on the ability of the band to protect its culture and its land,” Davis wrote.

“However, this belief is not supported by any empirical evidence.”

Photo by Christinne Muschi / Postmedia Network

A group of 16 plaintiffs banded together to challenge the membership policy they called discriminatory.

Some left the community, while others remained. They told the court they were exposed to protests, threats and expulsion notices.

“At first glance, I think we’re very happy this rule was deemed unconstitutional because it was quite problematic,” Genevieve Grey, one of the lawyers who represented the plaintiffs, said in an interview.

The membership rule has existed for more than three decades and the council argued in court it was “theoretical” because no one has ever been removed by force from the territory.

But Davis wrote it was clearly demonstrated that people’s lives had been affected and he ordered the council to pay seven complainants a total of $35,000 in moral damages.

Photo by John Mahoney / Montreal Gazette/Postmedia Network

The judgment gives the Mohawk Council of Kahnawake a certain level of autonomy in dealing with the matter as well as the possibility of finding another measure to protect lands, language and culture — but one that respects the Charter.

“The court notes that in many of its sections the KML recognizes the importance of commitment to language and culture by people applying to be members,” the judge wrote.

“Perhaps going forward, the (Mohawk Council of Kahnawake) should consider placing more importance on that commitment than on the origins of one’s spouse.”

In response to Monday’s ruling, the Mohawk council said in a statement its legal team is reviewing the judgment and will present its findings later this week.