Flashy vehicles are commonplace in Akwesasne, said a former Canada Border Services Agency employee, who attempted Wednesday to connect eye-catching cars to an allegation of racial profiling against the agency.
On hearing day seven of the Canadian Human Rights Tribunal in Cornwall, ex-employee Helene Oakes said it wouldn't have been unusual for border agents working on a planned blitz at the customs port to equate big black SUVs with Akwesasne residents.
"They're the big whopping res (reservation) cars. Shiny rims," Oakes testified.
"It's a normal vehicle on the res. There's a lot of big black SUVs.
"By not paying GST or PST they are buying a better vehicle for the same amount of money," Oakes explained.
"How can you say that's racial profiling?" asked Rejean Belanger, tribunal chairperson.
"People in Cornwall don't normally drive big expensive cars," Oakes p>"There's tonnes of Hummers on the reserve. There's none in Cornwall, except the pink one...," she said.
Oakes told the tribunal how "res cars" can also be found at the opposite end of the spectrum, vehicles that are practically "falling apart" right at the customs booth.
Oakes said she overheard CBSA employees talking about the planned blitz on Nov. 18, 2005, the day human rights complainant Fallan Davis claims her vehicle was searched without cause, and that one CBSA agent made a disparaging comment about her Mohawk heritage.
Oakes said she couldn't recall exactly who in the CBSA office had spoken of the "black SUVs from the reserve" blitz.
"It strikes me that that's an odd thing to be looking for. You don't think so?" asked CBSA lawyer Sean Gaudet about the alleged SUV blitz.
Oakes replied that the blitz target wasn't odd at all, though she'd previously told the tribunal it was the first time she'd heard of that particular target.
Oakes clarified that it wasn't unusual for border agents to target vehicles in the "Indian lane" for automatic secondary inspection.
There appeared to be little overall insight into the Davis incident during Wednesday's hearing, a day when decorum began to deteriorate for the tribunal.
At one point, as exchanges became more heated, the chairperson took all of the tribunal participants into a separate room to chat.
Many of the disagreements stemmed from chair Belanger's contention that Gaudet was treading over material already covered with Oakes, though at times he stopped Gaudet on subjects the CBSA lawyer had yet to explore.
"I'm completely shocked that you would not allow me to ask questions about the evidence in chief," Gaudet told the tribunal chair at one point.
"So now you're going to do my cross-examination for me?" he asked Belanger.
"Sometimes, to get answers, you don't need hours," Belanger responded.
Belanger suggested Gaudet was attempting to trip up Oakes with his repetitive questions, essentially "fishing" for Oakes to contradict herself.
"The way you operate, it could almost be considered harassment," Belanger later told the CBSA lawyer. "And to my eyes, it doesn't seem very important."
Gaudet accused Oakes' testimony of being a "red herring", and that she'd even "fabricated" evidence to assist Davis' own account of events from the 2005 incident.
"If you want to tar and feather me, can you get it over with?" asked Oakes, 58, from the witness table.
Later, Gaudet said he realized that answering questions in such a forum can sometimes be unpleasant.
"Especially when you're being called a liar," Oakes replied.
Tribunal officials confirmed that additional weeks will likely be needed to hear the remainder of Davis vs. CBSA, which could need up to four months for a ruling, following the new dates.
Janet Davis, mother of Fallan, remains in custody at the Ottawa-Carleton Detention Centre after her recent arrest on an outstanding Customs Act warrant.
She acted as an aide for her daughter at the outset of the tribunal, which continues today.