Harper Government 1 – Akwesasne 1 – Courts Deny Injunction vs CBSA – December 21, 2009

A Canadian Federal Court has denied an injunction request that would cease the actions of seizure of vehicles that fail to report to the temporary CBSA station in Cornwall Ontario for residents who return to Canadian territory from the US.

Currently residents of Akwesasne that cross the line between the US and Canada are forced to sit hours on the Seaway International Bridge to report and then turn around to go right back their homes on the Island.

The practice, essentially a pressure tactic devised after CBSA left the Canadian border crossing May 31, 2009, has led to the seizure of over 60 vehicles.

We’ll have updates and comments as things evolve.  Here is a link on the Standard Freeholder who also covered the stories.  They have chosen to not allow comments though on this story.

What do you think Cornwall and what do you think Akwesasne?   How does this ruling change the situation?

please visit our sponsors:


  1. In Canada anyone who leaves the country and travels to a foreign land must report to Customs & Immigration upon their return. It is the same for ALL citizens.
    The Mohawks actions made the CBSA move their reporting facility to the end of the bridge in Cornwall. It’s their own fault and now they have to suffer the consequences of their actions! Too bad, so sad.
    Mohawks are not above the law and vehicle seizures and fines are the way to go!

  2. Do the ends justify the means? Not reporting means that any number of persons may arrive on the island without scrutiny, then later pass onto the mainland undetected. This may include fleeing/wanted criminals, terrorists, people deported from Canada, people seeking to use our welfare, healthcare, and social services without right, and other undesireables. Let’s not forget abducted children or runaways. What about property? Unless the Americans are searching everyone on the way out, there is an increased and significant risk of the importation of guns, ammunition, illegal weapons, drugs, chemicals to make drugs, cash from criminal enterprises, untaxed or contraband alcohol/tobacco, stolen goods, counterfeit goods, contaminated or infested foods or animal or plant products, and a host of other things. They too will later enter the mainland undetected. If we make any exceptions then not only are we giving up our Canadian sovereignty, but we would be announcing a free and unmonitored portal into Canada to every criminal out there. Canada’s safety and security would be heavily compromised. Is this what people want? Lastly, is the island part of Canada or not? If so, then there is no debate here. If not, then let them fly free as a sovereign nation. Withdraw all financial aid and assistance, access to Canadian healthcare, currency, government property and personnel, Canadian documents and passports, and any other service or thing paid for by Canadian taxpayers or by federal or provincial governments. Treat them as we would any other foreign country.

  3. Author

    Then maybe the solution is how they are asked to report? The status quo is not a solution, it’s a pressure tactic. There are other solutions. To me the big question is why? Another big question is why not simply negotiate with Akwesasne? Or why not choose mediation as has been suggested by others and agreed to by the MCA?

    There’s an agenda that the Harper government isn’t sharing with the Canadian people and the people of SD&G that our MP is allowing to be perpetuated.

    That’s just wrong.

  4. It’s not a pressure tactic, it’s simply the law. Leave Canada, report to Customs to re-enter. I have a NEXUS card for boating. Even if I were to get in my boat and cross directly to the USA, I can only initially land my boat at a place the Americans approve of (where they meet me, or are usually present), which could be some distance away (in some cases I have seen 40kms). Same thing happens on my way back to Canada. If I don’t report on my way back, or go where I am supposed to go, or meet with Customs when I am supposed to meet with Customs, what happens? I get charged with failing to report and my boat can get seized for a $1000.00 penalty plus removal & storage fees. It happens all the time at marinas all over the place. The same rules apply by car, and plane, etc, so the $1000 fine is not a pressure tactic devised solely for the Mohawks, it’s simply the laws that EVERYONE must obey or be faced with the penalty

  5. Author

    No, I can assure you at this border crossing the fact that the Harper Government has essentially refused to negotiate the many border crossing issues in combination with the fashion in which they are forcing not only residents of Akwesasne, but residents of Cornwall and the area to report are not the best, easiest, or most productive. As a matter of fact the politicizing of the opening/non-opening of the 3rd lane has even been punitive.

    Either you open the 3rd lane or you don’t and so far that lane doesn’t appear to be open. We’ve published pictures here on our site of the bridge backed up way past the point it was designed to be on a consistent basis.

    Everybody has to follow the law of the land, (that actually does include the government as well) but sometimes, and I feel in this case, the law is being used abusively as a weapon. Stephen Harper is acting like a pudgy little boy who when not given that extra piece of candy hollers and lashes out until he gets what he wants which in this case seems to be the old CBSA station manned by armed guards, and the formerly vacant parcel of land next to it to build a shiny new station like the American’s have.

    There are alternatives and the Prime Minister of Canada and his ministers should be putting the concerns of Canadians first and foremost when considering how to implement and enforce laws, and not their own private agenda.

    Back in the 30’s there was this government that had this tactic. Let’s pick on groups of people; groups that not everyone loves. Let’s start with the tiny ones and in the process of pumping up their political support they started to impinge freedoms of society and change how a world lived.

    That petty sort of propaganda and old world politics in my opinion have no place in my Canada, and I hope my Canada isn’t that different than most Canadians.

  6. Is there something going on that some people don’t understand? When they settle claims with our indigenous neighbours you don’t see the Prime Minister negotiating with them nor the local MP unless he happens to be on the negotiating committee. Negotiations are generally left to the actual department that looks after them in this case the CBSA. Lets get off the criticizing for no good reason and let the interested parties negotiate with each other, and thats if they want to. If they don’t…..tough! Only the CBSA and the Mohawks can resolve this tempest-in-a-teacup.

  7. Author

    Hey Harry, do you have any other historical documentation of CBSA negotiating any treaties with any foreign entities? Like say the US?

Leave a Reply