Sovereignty issue key in Customs Act trial

CORNWALL COURT

March 2, 2010 Cornwall Standard Freeholder

CORNWALL -Sovereignty was the focal point Monday at the Customs Act trial of an Akwesanse woman who claims Canada's courts have no jurisdiction over a Signatory Indian.

Katenies Janet Davis faces numerous Customs Act charges related to allegations that she evaded the Canada Border Service Agency's (CBSA) screening process at the Cornwall Port of Entry on Nov. 13, 2003.

Davis believes her charges are irrelevant until the sovereignty issue is resolved. She said she's Onkwehonwen, not Canadian.

"They seemed more willing to listen this time," Davis said outside the courtroom after the judge heard her presentation on sovereignty. "There was a respect shared. We want a peaceful understanding, because it hasn't been peaceful all these years."

Davis faces both federal and provincial charges such as obstructing an officer and failing to attend court.

At the start of the federal portion of Davis's trial, which was under tight security, the court entered a plea of not guilty on her behalf when she refused to enter one herself.

Davis then made a declaration to the court that she could not recognize its jurisdiction.

Judge Peter Adams allowed Davis to proceed with a witness related to the sovereignty issue, but entered the proceedings into a voir dire, which means the witness's comments to the court can't be reported.

Outside the courtroom, the witness identified himself as an American Indian tribal scholar named White Thunderbird from the Rocky Mountains.

"A Signatory Indian defines an Indian with sovereign power," Thunderbird said.

The difference between what he called a Status Indian and a Signatory Indian, Thunderbird explained, is that a Status Indian is an individual of descendants who agreed to treaties and the surrender of territories.

A Signatory Indian, he nly recognizes the jurisdiction of his or her own tribe.

Thunderbird said Davis has severed her connection with the Ministry of Northern and Indian Affairs Canada.

If Davis recognized the Canadian judicial system, Thunderbird said Davis would be "committing treason against her tribe." He said this is also why Davis has no legal representation at the trial.

Thunderbird said criminal charges against a Signatory Indian do not disappear, but should be dealt with by a tribal system.

Later in Monday's trial, the federal prosecutor called a CBSA agent to testify about Davis allegedly running the border in 2003. It was unclear, however, whether the judge had returned the proceedings to open court from its voir dire. Court officials and administration could not confirm whether the border agent's testimony was protected. During a break, the federal prosecutor indicated that the judge had "not addressed the issue."

Delays in security at the trial led some members of the public and news media to miss portions of the trial. With some 30 members in the court gallery, the metal detector security process was lengthy. On two occasions the court did not wait until the security process had completed before the proceedings resumed.

A security supervisor at the trial would not comment on why the metal detector was used for Davis's trial. It was also used at her bail hearing.

Davis is also representing her daughter, Teiohontathe Fallan Davis, at a Canadian Human Rights Tribunal. Her daughter alleges the CBSA discriminated against her at the border. She claims her vehicle was X-rayed by border agents because of her age, race and gender.

When the elder Davis was asked why she recognizes the jurisdiction of the tribunal, but not the court, she said human rights qualify under international law. She said if she didn't hold the CBSA "accountable", nobody else would.

"This has been going on for seven years," Davis said after her trial. "There's been a lot of abuses in between."

On Dec. 4, Davis was arrested at the border on outstanding Customs Act charges. That morning, she was en route to represent her daughter at the tribunal in Cornwall, which cancelled its session after Davis's arrest.

Judge Adams will rule on the federal portion of Davis's charges on May 25. The provincial

charges will also be addressed at that time.