Native man pepper sprayed

November 11, 2009 Cornwall Standard Freeholder

The Canada Border Services Agency has confirmed an Akwesasne resident charged with assaulting officers over the weekend was subject to pepper spray during the incident.

"I can confirm that on Nov. 7, a border services officer at the Cornwall temporary port of entry did deploy pepper spray (Oleoresin Capsicum) during the arrest of a subject," wrote Patrizia Giolti, a spokesperson for the CBSA.

That subject was Stephen Barnes, 56, of Cornwall Island, according to the Cornwall Community Police.

Barnes is, according to the Akwesasne Women's Fire (AWF) website, the spouse of former Mohawk Council of Akwesasne Grand Chief Angie Barnes.

Barnes has been charged by police with assaulting a peace officer, three counts of assaulting a peace officer with intent to resist and one count of obstructing a peace officer under the Criminal Code of Canada.

Cornwall police Const. Brenda MacIntosh said the first assault charge stems from Barnes' initial contact with a border officer. The other three were laid regarding his alleged response to three other CBSA officers aiding the first officer.

Pierre Lalonde, duty sergeant for Cornwall police on Saturday, said Barnes allegedly failed to provide a border services officer with the appropriate identification upon request.

According to Lalonde, no one was injured in the altercation.

Barnes was released to appear in court on Dec. 24.

AWF says Barnes became upset at the request for ID because he crosses through the port multiple times a day.

On the AWF site, people who are supposedly witnesses to the event report seeing Barnes get out of his vehicle (with his wife and grandchild inside).

He apparently attempted to retrieve his ID when the officer put a hand on her firearm, but did not draw it. Barnes was allegedly "freaked out" by this move.

He is said to have requested he be handcuffed up front as opposed to behind his back.

When he resisted attempts to cuff him behind the back, the officer allegedly sprayed him with pepper spray. Other witnesses say he was sprayed by multiple officers.

MacIntosh said she didn't have the details of the incident available on Tuesday, but would supply them today.

According to Giolti, "the CBSA supports the use of as much force as is necessary by officers in the execution of their duties, when circumstances justify the use of force. CBSA officers are well aware of the situations in which force may be used, and are trained in the proper use and application of force."

The CBSA plans to review the incident to ensure established standards and protocols were followed.