An Awkesasne woman with a history of trouble at the border has been denied bail and may be held in custody for three months before her trial.
The Canada Border Services Agency (CBSA) arrested Katenies Janet Davis last Thursday morning on an outstanding warrant that dates back to Oct. 21, 2008. Davis faces failures to appear in court charges from 2004 and 2006, as well as Customs Act charges from allegedly running the border without stopping for a customs agent in 2003.
Davis appeared in Cornwall court Monday. A trial date was set for March 1, 2010, but Davis said as an indigenous woman she can't recognize Canada's justice system.
"You can't go to trial when you haven't proven jurisdiction," Davis told the court. "I demand to be released. I object to your proceedings."
Monday's proceedings were almost identical to Davis' experience in Cornwall court in July 2008, when she appeared on many of the same charges. Davis has refused legal representation, but a man named Kanietakeron attempted to address the court Monday on Davis' behalf.
Kanietakeron began to read a prepared statement to the court, but was asked to stop after an objection from the Crown, who said the man had no legal standing to address the court.
Outside the courtroom, Kanietakeron said he has started communication between the native community and Ottawa, as well as the Queen.
"If Canada picks up our people, give us the evidence, and we will try them," Kanietakeron said.
In January 2007, Davis filed a motion to dismiss her charges on the grounds that the Canada justice system has no jurisdiction. The motion was denied.
In June of 2008, Davis was arrested on a warrant after she tried to cross the border with Kahentinetha Horn, sister of Cornwall lawyer Frank Horn. The arrest led to a $10-million lawsuit filed by the two women against the CBSA.
Horn called the charges against Davis a "crossover between two cultures."
Horn approached the judge Monday as a friend of the court to help with Davis's situation.
Horn convinced the judge that Davis should appear via video on the morning of Dec. 14.
Horn said Davis isn't fully aware of her rights, and suggested it may be possible to arrange a bail review for Davis.
The judge said he has respect for First Nations, but that Davis was in the wrong court for her argument to be heard.