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Man selling cigarettes on side of road

August 9, 2008 Cornwall Standard-Freeholder

An Akwesasne man was confronted by police Friday for selling cigarettes on the side of the road in broad daylight on Cornwall Island.

Lonny Thompson, a resident of the Akwesasne Mohawk reserve and owner of a fledgling business, has had his trailer parked on the grassy shoulder just past the toll booth near the Seaway International Bridge, and is selling unmarked cigarettes for $10 a carton.

"Ten dollars, maybe more depending on who you are," he said. "If you're the cops, it's $25."

Thompson said he opened the stand because he believes the land surrounding the toll booth is his, and since he can't work, he needs to sell the cigarettes to make enough money to pay his bills.

"I can't go on disability and I can't go on welfare because my wife's working, but it's not enough," he said.

"This is my land, and I need to make money to pay taxes to my nation. This is how."

Thompson said the cigarettes are manufactured on the Akwesasne reserve, but are not stamped in accordance with the Excise Act of 2001 which regulates the taxation of spirits, wine and tobacco in Canada.

The Standard-Freeholder purchased a package of Thompson's product, which contained 193 cigarettes in a clear resealable plastic bag.

The only markings on the package are an Aboriginal crest and a Surgeon General's warning, both of which seem to have been printed on a home computer.

Sgt. Jerry Swamp of the Akwesasne Mohawk Police Service said his officers only became aware of Thompson's presence near the toll booth on Friday after they received a complaint from the Seaway International Bridge Corporation, which owns the bridge and the land between Cornwall, Akwesasne, and Massena, New York.

"It is a federal offence to sell cigarettes that have not been legally stamped in Canada," he said. "Officers did stop Mr. Thompson and informed him that if he was aware he was selling illegal cigarettes he would be charged, and it is likely he will be charged in the future."

Former Grand Chief Mike Mitchell said selling cigarettes outside the parameters of the Excise Act is not a new issue for the Mohawk Council, but that Thompson's approach could still be breaking new ground.

"The Mohawk Council gives out licenses to people to sell cigarettes, provided they had a business, but what's happening now seems to be right out in the open, above and beyond what I've ever dealt with before," he said.

Akwesasne police said they were unaware of whether or not Thompson owned a license, but that it would make no difference if he was in violation of federal law.

As for Thompson, he said he's staying put, despite the police warning, adding that he does not recognize Canadian law, because he feels the country refuses to recognize his rights.

"This is my land. The bridge, the Seaway, they didn't ask my father or my grandfather if they could have this land, and it was not for sale.

"They stole it, and I have the right to sell cigarettes here if I want to," he said.