INDIAN TIME NEWSPAPER

INDIAN TIME - Vol. 24 #16 - Onerahtokha / April 27, 2006 Edition - Page 21

Earlier this year, the Mohawk Council of Akwesasne (MCA) Chiefs held a special meeting regarding issues and concerns involving the Canada Border Services Agency (CBSA - Canada Customs) which included discussions on several allegations made by Akwesasne Community Members of racial discrimination at the Cornwall Island Port of Entry.

On January 13th the Council officially assigned and directed a working group to begin examining issues concerning the growing number of community complaints against the actions of some CBSA employees. The working group consisted of MCA Chiefs Larry King (Kanatakon), Louis Lazore (TsiSnaihne) and Michael Mitchell (Kawehnoke) with technical support of MCA technicians Brian David, Russ Jock and Francis Sam.

The Cornwall Port of Entry is unique in that it is located on Kawehnoke (Cornwall Island) on Akwesasne Mohawk Territory, the only such port situated on a First Nations Reserve. The Akwesasne Mohawk Territory is also distinctive in that the International boundary between Canada and the United States cuts right through the middle of this Native Community and has thus imposed a hindrance for Mohawks in moving within and through their Community. It is not unusual for Akwesasne residents to cross the border several times a day in either direction to travel to work, or to school; or to carry on daily business, visit family and friends or to participate in traditional, social, cultural, or recreational activities. As a result, the relationship between Akwesasne Mohawks and the Canada Customs Port officials is an important aspect of the daily lives of Akwesasne Community Members.

In recent times, incidents and circumstances such as those occurring on September 11, 2001 have had a negative effect on the relationship between the CBSA and the Akwesasne community. Grand Chief Angela Barnes stated that, "despite the unnerving pressures of globalterrorism, governments should still exercise respectful behavior in daily interactions." She further stated that, "It is the responsibility of governments such as the MCA and Canada to find ways to implement laws and security measures in respectful and practical ways using the best approaches available. This means working together," she emphasized.

The Mohawk Council of Akwesasne, the First Nations Government responsible for the northern portion of Akwesasne, has attempted to intervene and work out solutions and protocols that would facilitate movement of Akwesasne residents through the border crossing with safety and security in mind, for all peoples.

However, in the instances cited earlier, the MCA has not received a pro-active or positive response from CBSA to the MCA proposals. This, and CBSA's failure to attempt to resolve the various situations has prompted the MCA to lodge their complaint with the Canadian Human Rights Commission.

A comprehensive investigation was conducted which included the following: a breakdown of a November 2005 case involving a young Akwesasne woman and the atrocious treatment she received at the port; numerous community member complaints of misconduct and racial profiling; interview transcripts conducted with other community members; and significant media coverage of CBSA and Akwesasne incidents.

On February 2, 2006, the working group submitted the investigative file to the Canadian Human Rights Commission. Shortly thereafter, MCA was notified by the Human Rights Commission that the Commission had received a mandate to facilitate a mediated settlement between Akwesasne and the CBSA as a preliminary step before the Commission would consider proceeding with a full and official investigation of CBSA.

Some of the findings of the MCA working group include:

*Community allegations of racial profiling, discrimination, abusive authority, selective enforcement, and disrespect of community identification cards.

*The Mohawk Community is caught in a conflict between the CBSA union and the management of CBSA and the Mohawks have been used as pawns in their negotiation strategies. Any time a minor disruption or anger is shown, some Custom officers are prepared to walk off their jobs.

*Akwesasne's issues have not been resolved - Remission Order. [The Akwesasne Remission Order that recognizes Duty and Tax exemption at the Canadian border has not been updated since 1991.] At that time Akwesasne had only one community store to service Kawehnoke. Today there are over twenty.

*The CBSA port on Cornwall Island is one of a kind - in that it is the only Canada Customs port on a First Nations Territory, further complicated by the fact that Akwesasne is considered to be in two countries.

Kawehnoke District Chief Michael Mitchell commented that, "We understand that there are abuses on both sides. Customs officers are often the targets of insults, hostility and anger and we are hoping that this process of mediation initiated by the Canadian Human Rights Commission will lead to a race relations initiative that would promote better understanding of problems experienced by community residents."

Kanatakon District Chief Larry King added that, "There are a significant number of Traditional families who do not subscribe to the authority of Indian Affairs. The Mohawk Nation Council and Tribal Council both have their own forms of identification currently not recognized by Canada Customs. We can't have Canada arbitrarily dictating what types of identification they will recognize ... the border is a reality. We have to work out a solution together."

On arming Customs Officers, TsiSnaihne District Chief Louis Lazore stated, "The Mohawk Security Guards have provided protection for the Customs and Immigration Officials since the early 1970s. During this time, the safety of the Customs Port has never been in question. The Mohawk Security Guards provide security without the use of guns. As long as there are Customs officers that display hostility toward Natives at the border, we are opposed to any notion of arming Customs officers."

On April 6, 2006, the Mohawk Council of Akwesasne was informed that initial mediation hearings are being scheduled for April 26th and 27th, 2006 to be held in Cornwall, Ontario. The Canadian Human Rights Commission will be providing mediators to facilitate dialogue between MCA and CBSA in addressing the issues associated with the investigation.