Landmark Native Rights Case Puts Kahnawake Man in Spotlight

By Isaac White.

In a landmark legal decision, a Quebec Superior Court judge has halted criminal proceedings against two members of the Mohawk community, asserting the strength and enduring relevance of historic agreements in the face of modern law.

The case, involving Derek White and Hunter Montour of Kahnawà:ke, pivoted on the interpretation of the Covenant Chain – centuries-old accords with the British that recognized Indigenous trading rights. The ruling, encompassing a detailed 400-page judgment by Justice Sophie Bourque, acknowledges the validity of these agreements and their implication on current legal standings.

Justice Bourque's ruling not only underscores the Covenant Chain's binding nature but also challenges the imposition of the Federal Excise Act on Indigenous treaty rights. This has resulted in a stay of convictions for the two men, who faced charges stemming from Operation Mygale-a substantial crackdown on a contraband tobacco network extending across borders.

White, a one-time NASCAR driver, and Montour had their legal battle reach an apex when the Crown's stance – that the Covenant Chain did not equate to a treaty – was ultimately rejected by the court. Instead, Justice Bourque recognized the Mohawk Nation's inherent right to economic self-determination, a verdict that reverberates through the threads of Indigenous and non-Indigenous relations.

Their defense leaned on historical treaties and the Covenant Chain of 1764, underscoring the right of Indigenous peoples to manage their economies – a right the lawyers argued included the tobacco trade.

While the case presented an intricate tapestry of past and present laws, the decisive judgment clarified the standing of the Covenant Chain over other treaties and called into question certain aspects of Canada's excise law, especially those undermining ancestral rights.

This precedent-setting trial not only affirms the right of the Mohawk Nation to freely navigate its economic waters but also acts as a testament to the enduring power of treaties, setting a potentially transformative precedent for the recognition of Indigenous rights within Canada's legal framework.

In a telling conversation with Derek White, Indian Time delved into the intricacies of his precedent-setting legal victory. White recounted the charged atmosphere of the courtroom, the community's support, and the unwavering resolve that he and his co-defendant, Hunter Montour, maintained throughout their long ordeal.

White described the scene on the decisive day, "We arrived early, anticipating the usual start time, but the courtroom was packed with supporters and media – a testament to the case's gravity." As friends, family, and various media outlets filled the room, it became clear that this was not a routine hearing. The attendance was so substantial that a larger room was required to accommodate the crowd.

When the proceedings finally commenced, the judge took time to read a summary of her verdict – a comprehensive process, given that her deliberations had spanned years. Upon the announcement of a stay of proceedings, the courtroom erupted into cheers, while White sat, absorbed in a state of disbelief and relief.

Throughout the interview, White emphasized the foundational argument of their defense: Mohawks have an inherent right to trade, specifically in tobacco, a stance supported by the Covenant Chain and other historical treaties. The defense's case was bolstered by expert witnesses and historians, who underscored the validity and relevance of these treaties in contemporary times. While this case was specifically related to tobacco, White is confident that the implications will affect a number of other products and industries.

White expressed a steadfast refusal to consider plea deals, despite the financial and emotional toll, "It cost me a lot to fight this... But I was never going to back down," he affirmed. White said this sentiment was mirrored by Montour, who faced lesser charges but chose to stand in solidarity with White.

That fighting spirit was not present for some individuals in Mohawk territories. White shared that a Mohawk Council of Kahnawake representative discouraged him from fighting the wrongful oppression of Canada and their continued strangulation of Native economies and freedoms. The reluctance to fight and pressure to take a deal wasn't only present in Kahnawake. White shared that a delegate from the Mohawk Nation Council of Chiefs told him to take the deal and drop his fight for justice.

Despite the pushback from elected Mohawk officials and some traditional Mohawks, White said that the overwhelming sentiment was support from Mohawks and other Indigenous people. He sees the reluctant attitude of some Mohawks as minor, instead focusing on what this means going forward.

Reflecting on the broader implications of their fight, White acknowledged that their situation was a familiar narrative within Mohawk communities, where confrontations with outside law over treaty rights and economic sovereignty are not infrequent. Yet, their case marked a departure from past outcomes. When asked about what set their case apart, White pointed to their unyielding commitment to justice and the robust defense of their rights, informed by history and supported by the community.

Derek recounts his decision to engage lawyers with extensive experience in excise tax cases, to represent him in what was a monumental battle against outside governments used to stamping out any resistance by Indigenous people. He speaks to the heavy odds against them, referencing 300 cases one of his attorneys won while working for the federal government, emphasizing that none of those cases went to trial because deals were taken instead. "He told me the result was going to be me losing because that was what he saw every time when he worked for the outsiders," White said.

White won over his new attorney when he told him, "No one has ever approached this the way I am." The groundbreaking strategy was something all involved believed in.

Although the ordeal lasted nearly 8 years and cost him an immense amount, he views it as an investment-not just in his case but potentially setting a precedent for his community. He expresses a strong commitment to justice and a willingness to fight for what he believes is right, irrespective of the financial cost.

As the conversation unfolds, it's clear that Derek's legal journey wasn't just about his personal circumstances but also about making a broader statement against what is selective persecution. His dedication to his cause and his community's rights underlines the entire dialogue, culminating in a sense of vindication as he describes the outcome of his case and its implications for his future and the community's autonomy. Derek views his ordeal and eventual victory as a path that had to be taken, not only for his peace of mind but also as a beacon of hope for others in similar situations who might not have the resources to fight back.

White also touched upon the broader implications of his legal victory in the context of Canada's movement towards truth and reconciliation with its indigenous peoples. White contrasts the progress in Canada to that in the United States, suggesting Canada might be validating indigenous claims more rapidly, particularly with the recognition of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

His stance is not just a reflection of personal courage; it embodies a profound commitment to collective principles. He has voiced clear disdain for the idea of compromise when such deals undermine integrity and justice – dismissing recommendations from within his community and beyond who suggested the timing was not right for confrontation. His resolve to challenge the status quo, despite the intricate maze of legal and community politics, shines through.

His journey underscores a palpable tension: the clash between the pursuit of justice as one sees fit and the often-pragmatic decisions compelled by the legal system. Yet, Derek's story is more than individual tenacity; it is a resonant chapter in the ongoing narrative of resistance and resilience among Indigenous peoples. White and Montour's legal victory marks a pivotal moment, not solely for the pair, but as a milestone in the acknowledgment of Indigenous rights within the Canadian legal mosaic.

The significance of Derek's triumph extends beyond personal vindication – it is a clarion call for Indigenous nations to affirm their rights and economic self-determination.

Derek White's story is a powerful testament to what it means to stand resolute for one's convictions. It heralds a potential shift towards a future where legal systems honor Indigenous sovereignty and economic customs, cementing his role as both a community beacon and a harbinger of transformative legal precedents.