CORNWALL -A Federal Court of Canada judge has denied Akwesasne's motion to be exempt from the requirement to report at the temporary customs checkpoint.
The motion was put forward in late June by the Mohawk Council of Akwesasne (MCA) and its former Grand Chief, Tim Thompson, pending a judicial review of the decision to close the permanent port of entry (POE) on Mohawk land by the Canada Border Services Agency (CBSA), Public Safety Minister Peter Van Loan and Transport Minister John Baird.
The decision cut off cross-border traffic completely for a few days and kept it to a minimum for many weeks more, hindering cross-border business substantially over the summer.
The CBSA decided a Mohawk protest over the arming of border guards posed a potential threat to travellers and the guards on duty.
Justice Anne Mactavish issued the decision Monday after a three-day hearing in early December.
The motion sought temporary relief from the requirement to report to the temporary POE at the north end of the Seaway International Bridge's north span, which was set up in the City of Cornwall on July 13 -six weeks after the permanent POE was closed.
Many Mohawks allegedly failed to report to the POE after visiting the American side of Akwesasne, a First Nation with land on both sides of the border.
Consequently, many Akwesasne residents have had their vehicles seized. Getting the vehicles back costs $1,000 each.
Current MCA Grand Chief Mike Mitchell said he was "not particularly surprised" by the judge's decision because, when the application for a judicial review was filed on June 26, Akwesasne emergency vehicles were still having a hard time getting through the border crossing.
More important than getting a favourable decision from Mactavish, Mitchell said, was to show the CBSA that the Mohawk community isn't going to back down on the border crossing dispute and "to bring attention to the issues affecting the community."
Since the permanent POE on Cornwall Island was shut down on May 31 over a dispute with the CBSA, residents of the island have had to wait in long lineups to report to customs before turning around and heading back home.
Many Mohawks allegedly decided not to report because of the inconvenient spot chosen for the temporary customs plaza.
Despite a third lane built a month ago by the CBSA and the City of Cornwall at the customs plaza to alleviate the long wait times, the new lane was not open Monday at 4 p. m. even though traffic on the bridge was backed up to the crest of the north span.
Mitchell said late last week he was not aware the lane was open as of Dec. 14, as the CBSA claims, because he has yet to see it open during one of the several daily trips he makes through the port of entry.
A date for the judicial review has not been scheduled, but Mitchell said Mactavish is hoping to find dates in early February.