Link to Original Story

Arrest halts human rights tribunal

December 4, 2009 Cornwall Standard Freeholder

Katenies Janet Davis had intended to spend Thursday representing her daughter in a human rights case against the Canada Border Services Agency, but instead spent the day detained by the agency following her early morning arrest at the border.

En route to the Canadian Human Rights Tribunal for her daughter Teiohontathe Fallan Davis - who alleges racial profiling at the border - Davis was arrested by CBSA investigators at the Cornwall Port of Entry for a series of Customs Act charges and failures to appear in court.

Thursday's session of the tribunal was cancelled after news of Davis's arrest.

"We want Ms. (Fallan) Davis to be in the best state of mind," said tribunal chairperson Rejean Belanger. "That's why we've postponed the hearing."

Fallan Davis claims that on Nov. 18, 2005 she was targeted for an unjustified search by the CBSA because of her race, age and gender.

A CBSA lawyer would not elaborate on speculation from some members of the gallery at the tribunal, who claimed the morning arrest was a "tactic" by the agency.

"They can say whatever they want," said Sean Gaudet, who represents the CBSA at the tribunal.

Supporters of Fallan Davis, such as Kanietakeron - who helped swear in Fallan Davis in a native ceremony at the tribunal -say the timing of the CBSA arrest was calculated.

"It's to put pressure on Fallan," he said.

Janet Davis was held in custody Friday for a bail hearing, but time ran out at Cornwall court, and the judge rescheduled the hearing for Friday.

Davis, who said she'll represent herself, did take the opportunity to express her frustration over charges she said have unfairly followed her for years.

"The CBSA takes everything they want into their hands," Davis yelled from the witness box.

Davis also told the court details about her daughter's human rights case.

Fallan Davis alleges stress from the incident, as well as radiation from an X-ray of her vehicle, forced her to abort her unborn after the encounter with CBSA.

A prosecutor at Thursday's court appearance indicated a publication ban had not yet been issued on the hearing, as it had yet to officially start.

Janet Davis has said previously that 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 defeated.