If a Canadian Human Rights Tribunal rules that she was a victim of racial profiling, the Akwesasne complainant in a case against the Canada Border Services Agency says she wants changes at the agency, not financial compensation.
Teiohontathe Fallan Davis has made no requests for damages regarding her claim of an unjustified search and X-ray of her vehicle on Nov. 18, 2005. But on day five of the tribunal she offered a series of remedies that she believes could help relations between indigenous people and the CBSA.
"This issue was never about money, this issue was about respecting the rights of Indian people and the human rights that are afforded to all human beings," said Kakwerais, a community elder representing Davis at the tribunal.
Davis is also represented by her mother, Katenies Janet Davis, who spent Friday awaiting a bail hearing in her own battle with CBSA over Customs Act charges and failures to appear in court. She was arrested Thursday morning at the border on an outstanding warrant, en route to the tribunal at Nav Canada in Cornwall.
On Davis' behalf, Kakwerais addressed the tribunal about the independent agencies that oversee various police forces and other organizations. This accountability, she said, is needed for the CBSA, which presently conducts its own internal investigations.
"The reason for that is to ensure that the power they have is not used to disrespect or abuse another human being," Kakwerais said.
If the tribunal rules in their favour, the Davis camp is also calling for the CBSA to work with the Canadian Human Rights Commission to review CBSA policies and procedures.
"This is to ensure my community is treated with respect and a sincere understanding of our cultures, beliefs, history and tradition," Kakwerais said.
She added that Davis would also like to see a member of the Akwesasne community work with the CBSA for cultural awareness and sensitivity training.
The Davis camp suggested it wouldn't shun financial compensation from the tribunal if chairperson Rejean Belanger deemed it was appropriate, however, Belanger didn't believe he had the power to arbitrarily award a dollar amount to his ruling, if none had been sought by the complainant.
Davis' first witness at the tribunal was produced in the form of 69-year-old John Boots. He was the man sent by Davis' grandmother to check on Davis that morning in November, which was approximately -6 C.
Boots testified he saw Davis' black 2000 GMC Yukon being searched in an area generally reserved for commercial tractor trailers.
"What happened on that day wasn't normal," Boots told the tribunal.
As he approached Davis, Boots noted about six CBSA agents in the area. Some were searching Davis' vehicle. Two of them were yelling at Davis about eight inches from her face, he recalled.
"She was being verbally attacked, and it was a vicious attack," Boots said.
Boots told the tribunal he could not make out the words of the CBSA agents.
Boots recalled how he attempted to offer Davis refuge from the cold inside his running van, but two CBSA agents soon approached him demanding to know who he was and why he was in a restricted area. He returned to his vehicle.
Boots, who has lived a stone's throw from the Cornwall Island customs facility since 1972, said he's been called many times to diffuse situations between the native community and the CBSA.
CBSA lawyer Sean Gaudet walked Davis through her thought process when she had decided to get an abortion about one week after agents used gamma-ray imaging to scan her SUV. She was 23 at the time.
Gaudet asked Davis if she had sought medical advice about her own conclusion that radiation may have harmed her unborn child.
"In this pregnancy, I didn't tell (my family doctor) about this one," Davis told the tribunal. "I didn't feel anyone would step up to Canada Border Services Agency."
When Gaudet confirmed that Davis hadn't informed customs agents at the scene that she was pregnant, he questioned whether Davis herself had known she was pregnant at the time. Based on abortion clinic records, he said, the fetus would have been only three weeks old.
Gaudet asked Davis if she would have been phyically showing her pregnancy at the time.
Davis stood up at the witness table to answer the question.
"I'm five months pregnant right now, Sean, can you tell?" she asked.
Gaudet did not respond. The tribunal resumes Dec. 14.