The young Mohawk woman who alleges she was the victim of racial profiling by the Canada Border Services Agency (CBSA) has demonstrated a history of resentment against the agency, and the border itself, a CBSA lawyer argued on day two of a Canadian Human Rights Tribunal in Cornwall.
Teiohontathe Fallan Davis claims an unjustified search and scan of her vehicle on Nov. 18, 2005 led to ongoing stress for her entire family every time she crossed through customs at the former port of entry on Cornwall Island.
While Davis initially maintained that she had no negative views of the CBSA prior to that morning in November, CBSA lawyer Sean Gaudet highlighted another incident at the Cornwall port of entry just three months earlier.
Gaudet explained that Davis had been taken into the secondary inspection area on Aug. 6 because she didn't have any identification. Using the CBSA agent's notes from the incident, Gaudet relayed to Davis a comment she was reported to have made after her identification had been verified and she started out of the customs facility.
Davis agreed with the essence of the comment put to her, but rephrased it for the tribunal.
"I f---ing hate this place. I wish I could blow it up," Davis said she recalled telling the customs agent.
Davis said the border agent knew her - and knew she was frustrated - so he had no reason to take her comment seriously.
During her testimony to the tribunal, Davis said she felt the customs facility doesn't belong on Akwesasne land because it is a service for U. S. and Canadian residents, and she doesn't consider herself as either one. Davis said she's Onkwehonwen.
Davis also testified that she doesn't currently report to Canadian customs when she returns from the U. S.
"You don't report at customs?" Gaudet asked.
"No, I just go home," Davis responded.
Davis says she rarely travels to Cornwall anymore because she believes that the situation with customs has deteriorated further since it moved off the island.
NO MEDICAL EVIDENCE
Day one of the tribunal was cut short to provide Davis with the opportunity to organize medical evidence she claimed could show a link between the loss of her unborn child and radiation from the CBSA's imaging scan of her vehicle.
In her submissions for day two, Davis' representatives confirmed she aborted the fetus in Montreal a little more than a week after her encounter with CBSA agents.
Davis testified that she had spent time researching the effects of the Mobile VACIS Inspection system used to scan her black 2000 GMC Yukon on Nov. 18, 2005.
"A lot of what I read through was cell mutations and genetics," Davis told the tribunal. "I didn't want to risk bringing a child into this world who would have differences from others."
Davis said her pregnancy was in its first couple of months. She called it a very important stage of development.
Davis claimed the machine's rays damaged her ovaries and even led to physical problems for her next child, but could not substantiate her claims through medical documents or testimony.
"We have to rely on medical reports," said Rejean Belanger, tribunal chairperson. "Unless we have medical evidence, it's very hard for you to find the VACIS (gamma-ray imaging system) is responsible for this. This is the problem you are facing now."
AGE, GENDER
Davis's complaint to the Canadian Human Rights Commission also alleges the CBSA targeted her for the search because of her age and gender. While Davis didn't address either point in her own submissions to the tribunal, Human Rights Commission representative Brian Smith questioned Davis about those aspects of her complaint.
Davis said she was 23 at the time of the X-ray incident and was "more susceptible" and "less knowledgeable". She didn't further explain what she meant.
As for the gender discrimination claim, Davis said all the customs agents she dealt with that day were men who used their size to intimidate her.
"It was all men involved, and I was by myself," Davis explained. "I'm female and I was taken out of public view."
CBSA continues its cross examination of Davis when the tribunal resumes Wednesday.