MCA District Chief Denied Entry to Canada En Route to a Border Crossing Presentation– “Means must be implemented to facilitate legitimate travel for day-to-day activities by First Nations people.”–

New York-Canada Border, July 2016- En route to an Assembly of First Nations meeting in Niagara Falls, ON, MCA District Chief Steve Thomas was denied entry to Canada due to a discrepancy with his vehicle registration and his passport origin.  Chief Thomas displays New York State vehicle tags and crosses the border with a Canadian passport, a seemingly normal everyday occurrence in and around Akwesasne Mohawk Territory.  Because of the unique geographical location of Akwesasne it is not an uncommon practice for community members to utilize their dual citizenship.

Chief Thomas attempted to cross the US-Canada Border at approximately 3:30 pm on the afternoon of July 10^th, providing his Nexus Card to the Canada Border Service Agent.  A Nexus card is a card designed to speed up border crossings for low-risk, pre-approved travelers, going into and out of the US and Canada.  It is a joint initiative between CBSA and USCBP.  Chief Thomas stated, “He ran the document and I was expecting a quick “OK” and “Have a nice day.”  He asked where I live, and I informed him Akwesasne, he then directed me to secondary [inspection].  The BSO (Border Service Officer) came and he and I had a conversation on what was the issue.  He informed that I had to come and import my vehicle before he would allow me into Canada.  I informed him of the current Remission Order in place at the Cornwall Port of Entry and the Jay Treaty provisions established for the native people to freely cross all borders, with their personal possessions.  He informed me that the only way I will be allowed to enter is to “go back across and rent a car, and then only will I allow you to enter Canada.”  I asked why, because both options include driving a vehicle with American plates!”

After exchanging words, the officer “would not hear of what goes on in Cornwall,” and Thomas was handed a “Return to USA” document with instructions to turn it in to US Customs.  Upon reporting, “I informed the US Custom border agent what had just transpired and he couldn’t believe it.  He knew of the rights of native people crossing the border is an inherent right, I gave him the CBSA document and he said, “I don’t want to keep it.”.”

Akwesasne Mohawk Territory is located along the New York-Canada border; covering territory in both Ontario and Quebec.  Akwesasronon are unique in that they are considered dual citizens of the United States and Canada.  Many community members who reside on the “Canadian” portion of the territory have vehicles registered in the States and use Canadian identification, or vice versa.  It is a common occurrence or practice that is understood at the Canadian Border Service Agency at the Cornwall port of entry, as well as the US Customs and Border Protection of the Massena, NY port of entry.

Chief Thomas, held a 37-year career in the United States is currently a District Chief at the Mohawk Council of Akwesasne, stated that he has “always owned an American vehicle, [and] I have never had any issues in crossing at any of the New York-Canada borders in the past and have done so hundreds of times.”  Being pulled into customs, whether Canadian or American, is not a rarity for Akwesasronon, or other Indian bands, and in some cases entry may be denied for discrepancies or lack of citizenship; if the community member does not obtain it.  Most Akwesasronon have Canadian citizenship.

MCA Grand Chief Abram Benedict stated, “The fact is CBSA doesn’t broadly recognize aboriginal rights when it comes to border crossings, and that’s clearly what this case has demonstrated.”  The Jay Treaty of 1794, a treaty widely known to Indian bands, has a common misconception that it allows free traverse between US and Canadian soil.  Article III of the Jay Treaty states, “It is agreed, that is shall at all times be free to His Majesty’s subjects, and to the citizens of the United States, and also to the Indians dwelling on either side of the said boundary line, freely to pass and repass, by land or inland navigation into the respective territories and countries of the two parties on the continent of America and freely carry on trade and commerce with each other.”  However, the Supreme Court of Canada has ruled that the Jay Treaty cannot apply, as it was not ratified by Parliament, and it was an agreement between the United States and Great Britain.  This treaty would have also been repealed by the War of 1812- Treaty of Ghent, which ultimately ended the war.  Signed in December of 1814, the Treaty of Ghent was a peace treaty that restored relations between the two nations and also restored the borders of the two countries, which included a promise to restore Indian rights and a commitment to engage and do so forthwith.

In June of 2016, the Canadian Standing Senate Committee on Aboriginal People had issued a report entitled, “Border Crossing Issues and the Jay Treaty,” which acknowledges that the border crossing protocols must be clarified.  It states that, “Means must be implemented to facilitate legitimate travel for day-to-day activities by First Nations people.”  It also provides recommendation to the Minister of Indigenous and Northern Affairs to appoint a special representative to oversee and explore solutions to the challenges faced by First Nations citizens across Canada.

Chief Thomas was able to attend the AFN Meeting in Niagara Falls, ON, by crossing through the Cornwall, ON Port of entry the following day, with no issues.  The irony of this District Chief’s denial was that he was attending the AFN Meeting for a presentation on First Nations border crossing.  National Chief Bellgarde sought out Chief Thomas to let him know how glad he was to have finally made it, and he was later allowed to give an account of his troubles with the CBSA.

The District Chief is currently working on the AFN Border Crossing Committee along with the Six Nations Elected Council on these border crossing issues.  “During the week, I requested the AFNQL (Assembly of First Nations of Quebec & Labrador) for a letter of support on the border incident and was granted one, which will be used for lobbying of our rights to freely cross all borders in Canada and the USA.”

They will meet with the USCBP (United States Customs and Border Protection) in Buffalo, NY monthly to deal with issues for First Nations crossing at the Western, NY ports of entry.

BY: Ohseraseia:hawi