A Quebec judge has ruled that Kahnawake's membership law, better known as the marry out, move out rule, violates the Canadian Charter of Rights and Freedoms.

The law passed in 1981 on the Mohawk territory is designed to forbid non-Mohawks from living in the community near Montreal, with the Mohawk Council saying it is the only way to prevent Kahnawake from being taken over by non-Mohawks.

Justice Thomas Davis determined the membership law violates the Charter, with his ruling noting that while Kahnawake territory has been taken by the federal government, the belief that non-natives who wish to live in Kahnawake will cause harm is based on a stereotype.

Davis's ruling orders the Mohawk Council to review the membership status of the complainants who want to live in Kahnawake, and orders the council to pay seven complainants sums between $1,000 and $25,000 in damages.

The Mohawk Council of Kahnawake acknowledged receiving the judgment and that its legal team will inform the Grand Chief and council of the ruling and its consequences later this week.

"Obviously we maintain the position that matters that are so integral to our identity have no business in outside courts," said Grand Chief Joseph Tokwiro Norton in a statement.

He later added: “Over the course of time, if that becomes the norm, then the next thing you know, you're going to have a non-native man or woman as a chief.”

The law which states that non-indigenous people cannot live in Kahnawake has long had opponents, including those who have fallen in love with non-natives and wish to live in Kahnawake and their children.

Eight years ago multiple people received eviction notices which were never enforced, but in 2014 the band council and other residents began increasing pressure on non-Indigenous people to urge them to move out.

Kahnawake residents have also protested outside the homes of mixed-race couples.

There are several mixed-race couples that have since left Kahnawake because of the animosity while others remained, but the fight to be part of the Kahnawake community continued in the courts.

Five couples pleaded their case in front of Quebec's Human Rights Commission in 2015, and that body said the complainants should be allowed to live in Kahnawake however the commission's decisions are not legally binding and so it recommended the case be heard by the Human Rights Tribunal.

Instead 16 complainants, led by Olympic athlete Waneek Horn Miller, who is married to a non-Mohawk, hired noted constitutional lawyer Julius Grey to make their case in Quebec Superior Court.

He said the case does not affect anyone's status as indigenous under the Indian Act.

"This was not a demand that non-native spouses be declared natives or anything like that or debate what the status would be. It's the right to live with your family in a place which is your home," said Grey.

The case was heard last November and December by Justice Davis, who delivered his judgment this week.

The band council is currently reviewing its law, but said outside courts won't have any influence.

“As we've said all along, this case has no business being in an outside court,” said Joe Delaronde of the Mohawk Council of Kahnawake.

Not every Indigenous community agrees.

“We need to empower our people so they know who they are and where they come from, so removing them from their own village is totally against how we always thought,” said Deanna Lewis of Squamish First Nation, B.C.

The band council is now considering whether to appeal.