MCA Responds to DAVIS vs. CBSA Ruling

AKWESASNE MOHAWK TERRITORY- The Mohawk Council of Akwesasne learned last week that the Canadian Human Rights Commission ruled against the Canadian Border Services Agency (CBSA) in their claim that they did not fall under the CHRC’s jurisdiction regarding the Fallan Davis vs. CBSA case and that the case should therefore be dismissed. CBSA had filed a motion for dismissal of Davis’ human rights complaint claiming the CHRC did not have authority over them because CBSA does not provide a “service” to the public. The CHRC, however, disagreed and passed down a decision on Oct. 21, 2011 rejecting CBSA’s motion and allowing Davis’ complaint to proceed.

The MCA has also filed human rights complaints against CBSA to which CBSA has responded with the same claim that they are not within the CHRC’s jurisdiction. MCA’s complaints are related to CBSA’s failure to recognize Mohawk Nation or tribal ID cards, the duty for Akwesasne residents to report to the Cornwall port of entry, and CBSA’s seizure of hundreds of community members’ vehicles they claimed had failed to report to Cornwall when traveling to Kawehno:ke (Cornwall Island.)

“The MCA is very happy for Fallan Davis and that her tribunal can now proceed,” said Mohawk Council of Akwesasne Grand Chief Mike Kanentakeron Mitchell. “We expect the same results in our cases…CBSA’s claim that they are not under the jurisdiction of the CHRC is merely a stall tactic that has been used over and over for years. Challenging the system related to government authorities complicated by undefined areas of jurisdiction can be a long and frustrating process. We’re beginning to see the light of day and hopefully in the near future we’ll start seeing the results.”

While Davis’ case can now proceed, MCA’s complaints have been grouped together with 23 other complaints from Akwesasne against CBSA which must all have the jurisdictional issue addressed. Once clarification is made, the CHRC will separate the claims and determine which will proceed to the next step in the complaint process, which is mediation. If mediation does not resolve the issue, the claims then proceed to a tribunal, which is much like a court system.

“As soon as we hear of any news on this matter we will pass it on to the community,” said Grand Chief Mitchell.