INDIAN TIME NEWSPAPER


Established: July of 1983


MCA LAUNCHES INVESTIGATION INTO
CANADA CUSTOMS INCIDENT
INDIAN LANE CLOSED FOR NOW

BY: SHANNON BURNS

INDIAN TIME - Vol. 23 #47 - Kentenko:wa / November 23, 2005 Edition - Page 1&3

Canada Customs officials walked off the job Friday afternoon, citing a fear for their safety after a 23-year-old Mohawk woman called her grandmother to come to the Customs where she was allegedly being harassed. Fallon Davis of Cornwall Island was passing through the Customs Friday morning and was asked to proceed towards a special vehicle that x-rays cars in search of illegal items. According to witnesses, the Customs Officials began to harass Davis and "provoked the entire incident." Her vehicle was searched thoroughly but Officers would not tell her what she had done wrong.

At one point, Customs Officers say Davis threatened to call in the "Warriors", apparently in reference to a long-defunct society known as the Warrior's Society.

Without guns for protection, the Customs Officers notified their Supervisors that they were concerned for their safety and citing a section of Canada's labor laws, roughly six employees "withdrew their services."

Police were called in to safely escort the x-ray vehicle off of Cornwall Island and Canada Customs put together a contract with the Akwesasne Mohawk Police Service to have 24-hour a day protection provided at the Port of Entry, according to Chris Kealey, Communications Manager for the Canada Border Services Agency.

According to Kealey, the incident is being reviewed by Canada Labour and interviews are being conducted.

"We are looking into the matter and we have videotapes..." Kealey said. "Our Officers have to abide by a Correction Officer Code. If we find that Officers were in some way neglectful, they will be held accountable."

The Mohawk Council of Akwesasne announced Tuesday that they are launching an investigation of their own.

"The MCA believes that there are better ways to resolve the situation including respectful and meaningful meetings to negotiate the practical exercise of Akwesasne Mohawk Crossing Rights," said MCA.

Since the Friday incident, the Akwesasne resident lane, or "Indian Lane", at the Canada Customs has been closed.

"The Mohawk Council of Akwesasne does not agree that this incident should have warranted the closure of the Akwesasne Mohawk Lane or induced Customs to bring in armed security forces," MCA said. "The MCA also believes that the Akwesasne Mohawk Security Guards have provided Customs security for more than 20 years without incident and have assisted in keeping a peaceful co-existence between the Akwesasne Community and Canada over border crossing issues."

However, said that the Indian Lane will probably be reopened once the Labor Department's investigation is complete.

"We believe that it's a temporary thing," he said.

Friday's incident prompted many officials to accuse the Customs Officers of using Davis and the incident as an excuse to push for armed weapons at the Customs.

Kealey said that at other Customs Ports across Canada, walk-offs have been motivated by the employees' desire to carry weapons, but he believes it was not the case in this incident.

"We're satisfied that that was not the motivation," he said. "We don't think the two are connected."

Kealey also believes that the incident is isolated and that Canada Customs receives "very, very few complaints."

"We have a well-founded relationship [with community members]," he said.

The MCA, however, stated in a Press Release that they believe there has been an increase in harassment at the Customs, particularly against "young Mohawk women."

"Recently there has been a change in the interpretation of the Akwesasne Remission Order by some Customs Officers that has caused some confusion and anxiety in the community," the Release read. "It appears that some Akwesasne young people have been targeted or tricked into responding incorrectly when Declaring personal or community use goods at Customs."

The Akwesasne Remission Order was put into place in 1991 recognizing the Border Crossing Rights of Akwesasne Mohawks.

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MOHAWK COUNCIL OF AKWESASNE

KENTENHKOWA / NOVEMBER 22, 2005

INDIAN TIME - Vol. 23 #47 - Kentenko:wa / November 23, 2005 Edition - Page 4

COMMUNITY UPDATE ON RECENT CANADA CUSTOMS ISSUES

Recent events at the Canada Customs Port of Entry at Akwesasne, have prompted the Mohawk Council of Akwesasne Grand Chief to call for an investigation. Community members have been harassed when crossing the border and Customs Officers have called for armed security protection. The events have been culminating for some time, but recent incidents have brought more focus to these issues.

BACKGROUND:

The Akwesasne Community is the only place in North America where there is a Canada Customs Port of Entry, in the middle of a Native Community. Due to Akwesasne's unique geographical situation, there have been conflicts and volatile situations in the past, between Akwesasne and Canada, over the exercise of Akwesasne Mohawk Border Crossing Rights.

Over the years, various accommodations have been made to recognize Akwesasne Rights and Practices. For instance, the Akwesasne Mohawk Lane had been open to accommodate the daily travel of Akwesasne community members. The Akwesasne Remission Order (1991), is another mechanism that recognizes Akwesasne Mohawk Border Crossing Rights to bring in personal and community use goods from the U.S. into Canada. The Canadian Federal Court of Appeal in the Mitchell case further supports this Aboriginal Border Crossing Right.

In the interest of peace within the Akwesasne community, some other agreements have been reached between Akwesasne and Canada, that have assured a peaceful border crossing at Akwesasne. For more than 20 years, the unarmed Mohawk Security Guards have worked to keep the peace at this crossing and to assist in numerous other ways. The Mohawk Security Guards have community support and it is partially due to their presence, that there have been no volatile incidents at Customs in all these years that could endanger the lives of either Customs Officers or community members.

RECENT INCIDENTS:

Recently there has been a change in the interpretation of the Akwesasne Remission Order by some Customs Officers, that has caused some confusion and anxiety in the community. It appears that some Akwesasne young people have been targeted or tricked in to responding incorrectly when Declaring personal and community use goods at Customs - the majority having been young Akwesasne women.

On Friday November 18, an incident occurred at the Canada Customs Port of Entry at Kawehnoke, where CBSA Officers harassed a young Akwesasne woman who may have alleged that the warriors were coming. Certain Customs Officers alleged that their working conditions were unsafe and walked off the job causing the bridge to be closed for some time until Customs Managers filled their posts. Those same Customs Officers have called for an labour investigation regarding the safety of their working environment. Some have said that this is tied to the Customs Union campaign to carry weapons on the job.

The November 18, 2005 incident appears to have prompted Canada Customs to close the Akwesasne Mohawk Lane until further notice, reduce the involvement of the Mohawk Security Guards and to call for the reinforced armed security provided by the Ontario Provincial Police, and the Akwesasne Mohawk Police Service at the Canada Customs Port at Kawehnoke.

The Mohawk Council of Akwesasne does not agree that this incident should have warranted the closure of the Akwesasne Mohawk Lane or induced Customs to bring in armed security forces. The MCA also believes that the Akwesasne Mohawk Security Guards have provided Customs security for more than 20 years without incident and have assisted in keeping a peaceful co-existence between the Akwesasne Community and Canada over border crossing issues.

Canada Customs has stated that they will be launching an internal investigation over allegations arising out of the incident. The Mohawk Council of Akwesasne has stated publicly that they will be conducting their own investigation over the issues surrounding the profiling of Akwesasne people at Canada Customs.


The MCA believes that there are better ways to resolve the situation including respectful and meaningful meetings to negotiate the practical exercise of Akwesasne Mohawk Border Crossing Rights.

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