MCA files federal court action against Van Loan and CBSA

The Mohawk Council of Akwesasne has instructed its lawyers to file an application for judicial review of the decision of the Minister of Public Safety Peter Van Loan and the President of the Canada Border Services Agency Stephen Rigby to close the international port of entry located in the Mohawk Territory of Akwesasne.

The decision to close the Cornwall Port of Entry was obviously taken in haste and is illegal and severely detrimental to the interests of the Mohawks of Akwesasne and the surrounding communities that rely on the bridge.  It is also contrary to the mandate of the Canada Border Services Agency to facilitate the free flow of persons and goods through the port of entry.

The abrupt closure of the Cornwall Port of Entry has disrupted the lives of the Mohawks of Akwesasne and has put the Mohawks of Akwesasne at risk. The provision of health, sanitation, public safety, education, child welfare and other basic services has been negatively affected by the closure of the Cornwall Port of Entry.  Local businesses have seen a substantial effect on their revenues.  Many Mohawks are now relying on boats to cross the St. Lawrence River in order to travel to their places of work.  Mohawks also report that the closure has caused them significant additional costs.

Many Mohawks are concerned that the decision to close the Cornwall Port of Entry is a punitive and discriminatory measure in response to the exercise by the Mohawks of Akwesasne of their fundamental freedom of expression and peaceful assembly.

Mohawk Council of Akwesasne will be seeking a declaration from the Court that the decision to close the international port of entry is invalid and unlawful and an order directing the Canada Border Services Agency to open the international port of entry located on Kawehnoke and to delay the deployment of firearms by the CBSA at the Cornwall Port of Entry pending consultations between Canada and the Mohawks of Akwesasne.