Link to Original Story

Mohawks awaiting injunction decision

December 17, 2009 Cornwall Standard Freeholder

A Federal Court of Canada decision following a hearing to gain an injunction against the restrictions of the temporary port of entry will be released without an official announcement.

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 territory.

The vehicle owners allegedly failed to report to customs after returning from the U. S. side of Akwesasne, which lies across the U. S.-Canada border.

To get their vehicles back, the owners have paid the CBSA $1,000 each.

Unlike the Canadian government, the Mohawks view Akwesasne as its own sovereign nation, therefore they feel the border and laws of both countries don't apply to them.

Justice Anne Mactavish spent three days last week listening to lawyers for the MCA and the CBSA debate the fairness of the vehicle seizures.

The CBSA said it would be opening a third lane at the temporary customs plaza in Cornwall earlier this week to alleviate the often lengthy wait time that discourages Mohawks from reporting to customs, but as of Wednesday the lane was not open.

Court representative Maxim Gigkovski said there is no time-line set for when Mactavish will rule on the request, nor will her decision be announced in court.

The three days were originally scheduled to deal with both the injunction request and a judicial review of the decision to close the permanent port of entry on Cornwall Island in Akwesasne Mohawk territory 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, but it hasn't been set yet, according to Gigkovski.

Mactavish estimated it will take about five days to complete the review.

For 42 days, starting on May 31, the Canadian border closure prohibited the Mohawk people from travelling freely to both the Canadian and American sides of Akwesasne territory, U. S. citizens from entering Canada over the Seaway International Bridge and Canadians from returning to Canada at Cornwall.

For a few days, the Mohawks had to use boats to get the sick and elderly care before they were allowed to cross the north span bridge to and from Cornwall Island.