Mohawks of Akwesasne File Civil Suit Against CBSA for False Imprisonment

TERRITORY OF AKWESASNE – The Mohawk Council of Akwesasne is notifying the public that a civil suit has been filed in the Ontario Superior Court of Justice against the Canada Border Services Agency (CBSA) on behalf of Sarahlee Skidders, a 24-year-old Akwesasne community member who was unlawfully detained by CBSA agents.

On December 30, 2011, Ms. Skidders, who is paraplegic and suffers from Type I Diabetes, was travelling to Cornwall from Kawehno:ke (Cornwall Island) and stopped to report at the CBSA Port-of-Entry in Cornwall. Following questioning, she was sent to secondary inspection and detained against her will for five hours. Ms. Skidders repeatedly asked if she could leave, but was informed by CBSA guards that she was facing criminal charges unless another individual surrendered himself to the border agency for an unrelated incident. CBSA believed this individual to be Ms. Skidders’ boyfriend. Over the course of several hours, Ms. Skidders was repeatedly questioned about this individual, the vehicle accident that left her paraplegic, threatened with additional charges if she did not cooperate, and was told she would be removed from her wheelchair if she attempted to leave. At one point a heavy chair was placed in front of her wheelchair to prevent her from leaving. She was given water after three hours of being illegally detained, but denied food.

After five hours of false imprisonment, the individual wanted by CBSA learned of Ms. Skidders’ detainment and voluntarily arrived at the port-of-entry. Ms. Skidders was then released without any charges.

In short, Ms. Skidders was effectively held hostage by CBSA and was used as leverage, or bait, to force the surrender of another individual. She was

intentionally harassed and intimidated, and her illegal detention was a serious violation of her basic human rights. She suffered severe anxiety, fear and distress during and since the incident and struggled to maintain her diabetic health in the days following.

“MCA receives many complaints in regard to mistreatment of community members by CBSA officers at the Cornwall Port-of-Entry,” said Grand Chief Mike Kanentakeron Mitchell. “Most are deplorable, but this incident is particularly reprehensible.”

The claim was served on the defendants – CBSA and five CBSA officers – on February 3, 2014. It seeks damages in relation to Ms. Skidders’ false imprisonment and breaches of her rights under the Canadian Charter of Rights & Freedoms.

“It is unfortunate that incidences of this nature have continued to occur at CBSA,” said Chief Brian David. “At times we seem to be going in the right direction… just next month we are conducting cultural sensitivity training sessions with CBSA officers. However, basic human rights continue to be violated and we remain committed to defending our community members and demanding justice and change.”

MCA has no further comment at this time.