Laura Stone, Canwest News Service
December 21, 2009 National Post
OTTAWA -- The Federal Court on Monday rejected a motion from Akwesasne Mohawks in Quebec that Canadian Border Services exempt them from reporting to a new border crossing.
The crossing was moved to Cornwall, Ont., from Kawehnoke, or Cornwall Island, in July in the aftermath of Mohawk protests over the arming of border guards.
Members of the Akwesasne community -- which has also asked for a judicial review of the decision to move the border -- cannot travel to Cornwall Island without passing through the U.S.
And since September, if Akwesasne members failed to report at the new Canadian Border Services crossing, they could have their vehicles seized and fined $1000 or more, said Brendan White, a communications officer for the Mohawk council.
Line-ups at peak times could last for an hour to an hour and a half, he said.
"We have seen a number of hardships as a result of that, long wait times and . . . accommodations were needed to address those concerns," Mr. White said.
Monday's decision, issued by Judge Anne Mactavish, found these were not "serious issues."
"I have concluded that the applicants will not face irreparable harm in the period between now and the time that their application for judicial review is finally determined," read Judge Mactavish's decision.
The motion was filed by Grand Chief Timothy Thompson, the Mohawk Council of Akwesasne and the Mohawks of Akwesasne against the Minister of Public Safety and Emergency Preparedness, the President of the Canada Border Services Agency and the Minister of Transport, Infrastructure and Communities.
The Federal Court is Canada's national trial court which hears and decides legal disputes in the federal domain, including claims against the Government of Canada.
A date for the judicial review has not yet been set.