Questions surrounding the existence and whereabouts of alleged video evidence dominated the final hour of a Canadian Human Rights Tribunal hearing Tuesday.
Former Canada Border Services Agency (CBSA) employee Helene Oakes told the tribunal that security camera footage captured an encounter between border agents and Akwesasne resident Fallan Davis on Nov. 18, 2005, the day Davis says she was the victim of racial profiling by the arm's length government agency, which she claims detained her and scanned her vehicle because of her native background.
Tribunal chairperson Rejean Belanger and CBSA lawyer Sean Gaudet had it out over the mystery tape.
"Maybe they don't want us to see the tapes. Why?" Belanger proposed. "Maybe they have an interest in not producing the tapes. Someone will have to live with this."
"I'm sure it's not Ms. Davis who took the tapes with her," Belanger added. "Maybe there's a good reason, but right now I don't have that reason."
Gaudet took exception to the tribunal chair's comments, and suggested Belanger had jumped to a conclusion.
"Because we haven't given evidence yet," Gaudet said to the tribunal chair.
"Maybe when CBSA gets a chance to present its case, you'll find out about the tape," Gaudet added. "I just hope you'll keep an open mind."
Oakes, who worked for CBSA from 1993 to 2008, said there are several cameras at the Cornwall Island customs facility. She said they capture areas of the facility 24 hours a day, seven days a week, including the commercial truck compound where Davis had her vehicle scanned by a mobile imaging vehicle searching for illegal goods.
Oakes said following the incident with Davis she was able to confirm that at least one CBSA camera was trained on the compound. She said she saw the live feed from inside the Akwesasne Mohawk security office.
Davis said her own attempts to request the video recording have been ignored by CBSA. On Monday, Davis referred to an internal CBSA document she acquired through a Freedom of Information request, which she said makes reference to the tape containing footage of her encounter.
Gaudet got off to a rocky start during his cross-examination of Oakes, the 58-year-old former CBSA agent, delving into her marriage history and Oakes' sense of her own identity, such as the point when she started to consider herself a member of the Mohawk community. "What [sic] is this relevant to Fallan Davis?" Oakes asked several times.
Gaudet told the tribunal he was trying to establish Oakes' background and "Why she's saying some of the things she's saying."
Belanger interjected, noting that although he lived in Ottawa for years, it doesn't mean he understands the community as well as others may understand it. "Her reaction may just be correct," Belanger said. "In fact, what are you trying to do? What are you trying to get?"
"You want me to show my hand?" Gaudet responded, bewildered by having to reveal the goal for his line of questioning. Gaudet explained he believes Oakes has "fabricated" some of her evidence to the tribunal, but he did not elaborate on the accusation.
Earlier Tuesday, Oakes told the tribunal about the deterioration of her relationship with fellow customs agents after the Davis incident, a day she walked off the job in protest of the way the preganant 23-year-old native had been treated by CBSA.
"I've seen screaming people, abusive people, but I'd never seen a traveller who was completely devastated."
Oakes referred to the Cornwall port as the "armpit of the CBSA", and a place where no agent wants to end up.
Oakes also revealed further evidence of tension between herself and her employer. For instance, she said CBSA officials had asked her to remove what she called a "Warrior Society" flag decal from a vehicle she had driven to work.
Oakes said the native warriors reputation in the public eye is unfair. The symbol of the group is intended to represent unity, she said, but a ""few idiots" have used the symbol for no good.
"Indians there are considered guilty until proven innocent," Oakes said of the former port.