Teiohontathe Fallan Davis Finally Gets Her Day – Canadian Human Rights Tribunal – Cornwall Ontario – November 30, 2009

Boy Réjean Bélanger is going to have to earn his bucks in this case.   Justice moves very slowly in this world.  In the case of  davis2 Teiohontathe Fallan Davis it’s taken over four years of her life.  During this time she’s not only had to suffer the wounds of her alleged mishandling at the hands of CBSA officials, but also the frustration, fear, and alleged harrasment at the hands of CBSA and Justice agencies in Canada since.

As a matter of fact if not for The Canadian Human Rights Commission deciding that her allegations warrant investigation, and supporting their continuing investigation her case would’ve disappeared in the winds.

Her case is still in jeopardy as CBSA coucil  Sean Gaudet is still contesting the definition of the term “service” IE in that she was being given service by CBSA staff when the alleged incident took place all those years ago.

Ms Davis is representing herself, with no lawyer, at this tribunal that is taking place at Nav Can this week and after a week break commencing for another week.

It is open to the public, so if you wish to show support you may attend.    There were a lot of elders from Akwesasne in attendance; some taking notes, most concerned with the impact of this and other cases on their day to day lives.

What I found really interesting is that this case potentially has the ability to change the way CBSA officials can conduct themselves.

At the very bottom of these allegations Racial Profiling is on trial.    Brian Smith, counsel for The Canadian Human Rights Commission stated that if Ms Davis’ case is victorious that the commission would recommend that CBSA work with the Human Rights commission to create training & policies that have more cultural awareness.  It was also interesting that there was so little media coverage for a case that could have such a large impact on Canada.

It’s interesting watching the tribunal in action.   I think if the same respect and care were given to the citizens of Akwesasne over the Seaway International Bridge Crisis as this case is getting via this tribunal so far we’d not have a bridge crisis.

We’ll be doing updates during the two week hearing, and if you have anything to add feel free to email us at info@cornwallfreenews.com – To leave your comment on this story just click the headline and go to the story page where you can leave your comment.

In the meanwhile we’ll post another picture of Ms Davis.  One slip of a girl against the government of Canada.

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  1. Where is the racial profiling? Her own testimony indicts her for abusing customs officers. Suspicious persons should be examined more closely…and judging solely on the crackpot idea that CBSA is responsible for a miscarriage, she’s suspicious.

  2. The Catholic Women’s League could mount a better defence against the Taliban than this girl’s team versus the government (i.e. our tax dollars)

    The complainant is absolutely not prepared. She lacks even the most basic counsel …the kind that would tell her; “Wait for the question before answering.”, “Don’t go beyond what you’re asked.” or for that matter someone to ensure the facts are laid out clearly and that credible documentation is at hand. Or even the kind of counsel that would object to the “do you still beat your wife” flavour of questioning.

    She lacks any counsel to complain when CBSA’s counsel persists in making nonsensical air quotes with his fingers when he speaks, or quivers and scowls menacingly while bouncing his leg up and down incessantly like he’s ready to fly out of his chair (either at her or to the washroom, it’s hard to call).

    And CBSA after all this time? They’ve produced a ton of documentation but precious little pertinent to the event in question.

    Customs claims that the agent’s notes are inaccessible because they are in the locked-down port office on the island, and that the E37 secondary inspection form that seems to have started this mess was not retained. CBSA doesn’t even dispute that questions and passage at the PIL (Primary Inspection Lane/Line) is often arbitrary or that even cursory examination is replaced with a wave of the hand. (Implied permission to skirt compliance? officially induced error?)

    And by not fetching an officer’s notes, the CBSA even makes it known that it has no authority to be on the Island (or arbitrariliy decides when is does or doesn’t want to exercise authority). CBSA is even admitting that the post was abandoned leaving behind documentation about members of the public (not to mention, uniforms, hard drives, video, hit lists, investigation documentation etc.).

    So here we are left with….
    – the arbitrariness of passage and detention on a public highway
    – what was once Revenue Canada – Customs and Excise, with a responsible federal minister, and is now a quasi/para-police agency with an invisible president, mute chair warmer in cabinet and messenger pigeon Guy Lauzon.
    – native non-ceded land, now a federal piece of property
    – combat dressed federally charged peace officers unable to carry guns (euphemistically referred to as “tools”) taking asylum in Cornwall, although armed Cornwall police once enforced control of the port
    – a not very desirable poster girl to represent victims of: abuse of power by peace officers, government negligence, first nation rights, and human dignity.

    Neither side can claim any credibility, none whatsoever. And the final result will be…

    As things have been they remain.

  3. Gerry you are one eloquent mofo. I think you’ve capped the bottle on the hearing so far. It feels like this case is doomed with questions of jurisdiction hanging over its head like the grim reaper.

    The only real chance for anything to come of this case is for it to appear in the news so that people can understand what’s going on.

    Sadly this davis chick is missing her opportunity.

  4. Hey Gerry,

    I appreciate the inside view of the proceedings. The reason that CBSA won’t retrieve information from the island is that the Mohawks have made entry untenable; they have threatened violence, and the government does not want to face them down.

    What should happen is that RCMP should escort the CBSA agents to the facility to retrieve their material. Why isn’t this happening?

    And FYI–though they claim otherwise, the Mohawks did cede the land, ratified by an Order-In-Council from the Governor General. They were paid for the land. They took the money. They benefit tremendously from the bridge.

  5. Author

    I and I’m many of our readers would love to see the transaction document of the Order in Council. Do you have access to it?

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