Two Mohawk women who say they were assaulted by guards at the Cornwall-Massena border crossing in June are suing the federal government for $10 million.
A statement of claim filed in August alleges that on June 14, Canada Border Services Agency guards dragged Janet (Katenies) Davis from the back seat of her car, pinned her to the ground, and smashed her face into the pavement.
Davis had been wanted on three Customs Act charges stemming from 2003, as well as failing to appear in court in 2004 and again in 2006. After making an appearance in Cornwall court this July, Davis is scheduled to go to trial in Alexandria next month.
According to the statement, Davis suffered scrapes and bruises to her face, shoulders, arms and legs as she was removed from the car.
Her request for medical help was denied, and none of the guards read out the charges against her, the statement says.
A second woman, Kahentinetha Horn, was also allegedly dragged from the car. Horn, 68, was later taken to an Ottawa hospital after suffering a "trauma induced heart attack," according to the statement of claim.
Horn has been an outspoken native rights activist for more than four decades. She and Davis publish the Mohawk Nation News, which covers aboriginal issues in Canada and around the world.
After the alleged assault, CBSA officials told the Standard-Freeholder that Davis was "unco-operative" and that guards did use force to remove her from the vehicle, as was their right.
The CBSA maintained no one was beaten or injured, and said they would be carrying out an internal review of the incident.
On Friday, the CBSA refused to discuss the allegations in the lawsuit.
"It's a legal issue now," said spokesperson Chris Kealey. "If we were offering comments, it could prejudice the outcome."
Nor would the CBSA disclose the results of the review, Kealey said.
Given Horn's prominent status in the Mohawk community, the border guards knew "exactly who they were dealing with" after they stopped the car, said her brother, Frank, a Cornwall lawyer who spoke Friday on behalf of the two
women.
Frank Horn said the alleged incident is only part of a pattern of intimidation at the busy border crossing, which straddles the Mohawk territory of Akwesasne.
"It's not just our people," he said. "There's other people that have also been harassed."
In addition to $10 million for "physical, psychological, and punitive damages," the two women are also asking police to lay charges.