Protesters pack city courtroom;

July 15, 2008
Cornwall Standard-Freeholder

Protesters from Ottawa, Montreal and Hamilton packed a Cornwall courtroom Monday in support of Janet Davis, a New York State Iroquois woman who was arrested on June 14 at the Cornwall border crossing in relation to three Customs Act charges from 2003.

Davis, 43, who is also known by her Iroquois name of Katenies, is facing two additional charges of failing to appear in court after she allegedly passed through the border in 2003 without stopping for a Canada Customs agent.

She claims the Canadian judicial system has no jurisdiction over her as an indigenous woman, and even filed a motion in January 2007 to dismiss the charges on those grounds.

The motion was denied, but Davis renewed her objections yesterday by demanding that the court provide written proof of their authority to arrest her and charge her based on what she calls "colonial law."

"My people never gave up their rights or their land to anyone, it was taken from us, these laws were forced on us," said Davis outside the Cornwall courthouse.

"They have no jurisdiction here. I've asked them a question and they have refused to answer it. Where do they get this authority?"

Davis added that she signed her official objection to the court with her fingerprint instead of a written signature as a statement of her individuality as a native woman.

About 30 people packed the courtroom yesterday morning as Davis, who has refused representation, addressed Justice of the Peace Linda Leblanc along with Frank Horn, a Cornwall defence lawyer who says he was only there with Davis as a friend of the court.

"Katenies stands by the Two Row Wampum Treaty," said Horn, referring to an agreement signed between the Dutch and the Iroquois Nation of northern New York in 1613.

"Two cultures may live side by side, but they will never cross. She feels that these charges are a crossover between our two cultures, and that's not right."

Horn was also present in court to object to the treatment of his sister, Kahentinetha Horn, who was with Davis in June.

Horn said both Davis and Kahentinetha, who is 68 years old, were handcuffed and wrestled to the ground by border guards, treatment he said led his sister to suffer a heart attack and be rushed by ambulance to Cornwall Community Hospital.

"She hasn't been the same since this happened," he said. "She won't leave the house, and she's already been back in the hospital once since June. It's just terrible what our family has been going through."

Horn said tensions have been mounting over the past few months between border guards and those from the Akwesasne reserve, adding that many believe the guards are unfairly targeting aboriginals as an excuse to beef up security.

"The Harper government has this whole strategy to get tough at the borders, and they're using our people as the means to stir up Canadians and say: 'Look, we've got this issue at the border, so we've got to increase security,'" he said. "My people don't appreciate being used in that manner."

Horn said many aboriginals are getting sick of the treatment, and protests such as yesterday's will continue until the message is received.

Davis' case will go to trial in Alexandria court starting Oct. 21, 2008.