A federal court hearing to review the decision to close the Cornwall Island port of entry - and consequently the international bridge - has been delayed until a yet to be determined date by motions late to the table.
Although a request for an injunction against the restrictions of a temporary port of entry open in Cornwall was delayed for most of the day as well, the Federal Court of Canada was able to begin in the late afternoon.
The Mohawks of Akwesasne are seeking an injunction against the ongoing Canada Border Services Agency (CBSA) seizure of vehicles owned by residents of the First Nation.
The owners have allegedly failed to report to customs after travelling to the U. S. side of Akwesasne, which lies across the U. S.-Canada border.
To get their vehicles back, an estimated 60-plus owners have paid the CBSA $1,000 each, often with the help of the First Nation government Mohawk Council of Akwesasne (MCA).
Contrary to the Canadian government, the Mohawks view Akwesasne as its own sovereign nation, so they feel the border and laws of both neighbouring countries don't apply to them.
Most of the first day scheduled for the three-day hearing in a Quebec courtroom was spent by Justice Anne Mactavish listening to lawyers for the MCA and the CBSA debate the merits of various motions regarding evidence up for the judge's approval.
Mactavish addressed the delay after the MCA's senior lawyer James O'Reilly expressed his disappointment at not immediately getting a date set for the judicial review.
"Even if Madam Justice dismissed these issues, they won't go away," O'Reilly said to Mactavish.
"Frankly, I'm astounded we can't get a hearing date. This matter affects the lives of 15,000 people in Akwesasne."
The judicial review will question the decision to close the permanent port of entry on Cornwall Island by the CBSA and the Minister of Public Safety and Emergency Preparedness Peter Van Loan.
Mactavish promised "to move heaven and earth" to find a date for the judicial review.
After conferring with the lawyers, Mactavish said it will likely take about five days to complete the review, in addition to the three days this week now reserved for the injunction.
For 42 days, beginning late on May 31, 2009, the border closure prohibited the Mohawk people from travelling freely in the Akwesasne territory and therefore affected their abilities to get to work, school and medical appointments.
The MCA resorted to emergency measures to get the sick and elderly necessary care.
Several members of the MCA, including Grand Chief Mike Mitchell and District Chief Larry King, sat in on the hearing, along with staff members such as justice department director Joyce King.
The MCA filed the application for a judicial review on June 26 when, according to lawyer Nathan Richards, the community realized the closure was not a short-term solution to a long-term dispute over the CBSA's policy to arm border services officers on Cornwall Island, which was scheduled to be implemented on June 1.