Submitted By The Mohawk Council of Akwesasne

INDIAN TIME - Vol. 23 #17 - Onerahtokha/April 28, 2005 Edition - Page 1 & 4

The Mohawk Council of Akwesasne is aware of numerous incidents occurring at the Canada Customs Port on Kawehnoke (Cornwall Island), where Mohawks of Akwesasne have reported that they are being treated unfairly.

Recently, Canada Customs officials have seized personal and community goods belonging to Mohawks of Akwesasne, when they cross to Kawehnoke. Sometimes duty, taxes or penalties have been charged to our people and sometimes the goods have been seized (confiscated).

Additionally, some Mohawks of Akwesasne have alleged that they are being tricked into arguments with Canada Customs officers.

CONTACT THE MCA:

If this kind of treatment has happened to you, please contact the Mohawk Council of Akwesasne (attention Renee Sunday) at (613) 575-2348 during regular working hours or (613) 551-6702 after regular working hours.

We would be willing to review the incidents that happened in your particular case and determine what kind of appeal can be made.

AKWESASNE MOHAWK RIGHTS:

The Mohawks of Akwesasne have an Aboriginal right to transport their personal and community property across the International border between Canada and the United States, without taxes or duties. That is a right that we have exercised as long as the border has existed and one that we will continue to defend as long as the Canada-US border continues to exist.

This right is protected by the Constitution of Canada and is reinforced in the MITCHELL case by the Federal Court in 1997 and the Federal Court of Appeal in 1998. The Supreme Court, which Ruled on the trade issue, remained silent on the Rulings of the lower courts. Therefore the Ruling of the Federal Court and the Federal Court of Appeal do support Akwesasne Mohawk rights to cross the border from the United States to Canada with our personal and community goods without taxes or duties.

DON'T FORGET TO INFORM THEM ABOUT THE THINGS THAT YOU ARE BRINGING ACROSS:

Even though we have the right to bring our own personal and community goods from the U.S. across the International border without taxes or duties, we have been required to inform them that we are bringing goods in and what the goods are.

If you went grocery shopping in Massena or Malone, simply inform the Customs officer that you have groceries.

If you bought or received anything in the United States that you are bringing across their border, they require that we inform them.

UPCOMING MEETINGS WITH CUSTOMS OFFICIALS: