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Feds not negotiating: MCA

June 7, 2010 Cornwall Standard Freeholder

CORNWALL -The Mohawk Council of Akwesasne claims its special task force hasn't been involved in any "substantive discussions" with Canada Border Services Agency about border issues since last fall.

Mohawk Council of Akwesasne (MCA) spokesperson Brendan White recently released a statement responding to Canada Border Services Agency (CBSA) statements regarding the length of time it is taking to find a permanent location for the border crossing that was open on Cornwall Island up until May 31, 2009, when it was closed down amidst a protest by residents over the arming of border services officers.

"When the CBSA was recently called to task, regarding how long this problem was taking, they issued media releases saying that they had been meeting with the Mohawks all along," wrote White. "Unfortunately for the Mohawks and the public, this is not the case."

On April 22, MCA Grand Chief Mike Mitchell issued a statement to the public that there had not been any substantive discussions or meetings of the Akwesasne leadership task force and high level officials of the CBSA since the fall of 2009.

However, the CBSA pointed out that its Director of the Ontario East District has been meeting regularly with MCA representatives to discuss the aboriginal liaison officer position, aboriginal recruitment, the complaint monitoring issue and cultural awareness training.

The MCA says those four issues were raised because of a complaint filed by the MCA to the Canadian Human Rights Commission in 2006, which led to the CBSA joining a mediation process.

"Although a memorandum of understanding was drafted to finalize what had been agreed upon, it was never acted upon," White said. "MCA agreed to assign technicians to complete the task. MCA does not consider this process a form of negotiations and wish to remind CBSA that these obligations are already four years old and should have already been acted upon. We want to stress that these are not the major issues facing the task force and we need to resume the talks that addressed the real issues of contention. We cannot resolve the bigger picture if high level officials of CBSA don't sit down to negotiate."

Nonetheless, the CBSA called the four issues identified "priorities to building a better relationship with the (Mohawk) community during meetings with CBSA executives."

But when it comes to bigger picture issues, the CBSA told the Standard-Freeholder in no uncertain terms where it stands on the arming issue.

"The Government is arming CBSA officers at all land crossings, without exception, to ensure the safety and security of the community, the traveling public and CBSA personnel," said CBSA spokesperson Esme Bailey. "The arming of border services officers is not open for discussion."

Reporting to customs in Cornwall at the interim port of entry has Akwesasne residents waiting in long lines on the Seaway International Bridge, a problem that didn't exist when the port of entry was on Cornwall Island.

About 120 residents have been fined by the CBSA and had their vehicles seized for not reporting to customs, which has the MCA hoping to negotiate a compromise that would allow Mohawks to report from Cornwall Island using an alternative means.

The CBSA indicated little willingness to compromise in its response to the MCA's letter.

"It has always been made clear by the CBSA during discussions with the Akwesasne Leadership Taskforce that the application of the Immigration and Refugee Protection Act and the Customs Act is non-negotiable," Bailey wrote. "Compliance with the acts is mandatory, and is not open for discussion."

The CBSA also suggested there is little hope Akwesasne leaders will be given the chance to talk with Minister of Public Safety Vic Toews because he "has delegated the management of the Cornwall port of entry to CBSA executives who have met with the Grand Chief on at least two occasions."

According to the CBSA, the Director of the Ontario East District continues to maintain an open line of communication with the Grand Chief and has discussed a number of issues with him.

The MCA says it has asked the CBSA for more meetings, but "has not received any commitments from Ottawa that would result in real dialogue leading to practical solutions."

"With the one-year anniversary of the CBSA's decision to move their facility off Kawehnoke (Cornwall Island), we would have expected that more progress would have occurred by now," White said.

"Problems cannot be solved if people don't sit down to discuss potential solutions."

Yet the CBSA recently said it does not anticipate changes to the interim port location to take place before the end of summer 2010, but told Cornwall city council a solution will be proposed by August.

Bailey said the CBSA has made repeated attempts to arrange a meeting between the CBSA Regional Director General and Mitchell. The CBSA has not received a response, but the offer still stands.