Atmosphere at CBSA sucked!

Wednesday, December 16 2009, Nav Can Center, Davis vs. CBSA Human Rights Tribunal

1:33 pm: we are back from break.
Sean Gaudet is verifying that documents are submitted into evidence. Now he is asking Helene about a document that Helene refused to sign in the past.

1:36 pm: The Chair, Réjean Bélanger,  just reminded Sean Gaudet that he needs to stop asking the same questions over and over again about the Aboriginal Training provided by CBSA. Sean just told Réjean Bélanger,  that he is going to keep asking the questions, so that he can get Réjean Bélanger’s ruling about not repeating the questions, on the record. 

1:38 pm: The Chair, Réjean Bélanger,  just angrily asked Sean Gaudet why he continues to keep asking the same questions over again. Réjean Bélanger, said to Sean Gaudet: “the way you continue can be considered as allmost harassment’.  Sean Gaudet is trying to tell Réjean Bélanger how to do the job of a Human Rights Commision Chair.

1:43 pm: Helene just responded to Sean Gaudet’s repeated questions, that the ‘atmosphere at CBSA sucked, we were sexually harrassed, do you want me to continue…’? Réjean Bélanger asked Sean Gaudet, if Sean really wants the witness to continue?

Sean Gaudet just accused Réjean Bélanger, of trying to do Sean’s job for him!  Réjean Bélanger  is calmly telling Sean Gaudet that he needs to stop asking the same question of the same witness over and over again.

1:44 pm: Helene is explaining how she did many secondary inspections of commercial vehicles in the compound. Now she is giving details about one past experience, where she did secondary inspection of travelers.

1:46 pm: Sean is asking Helene if Davis was being detained. Helene told Sean to ask the VACIS team that question.

1:49 pm: I think Sean Gaudet has failed with his attempts to wear down, tire out, and harass the witness, Helene Oakes. Sean is still asking the same questions he asked before, so I’m going to daydream a little while.  If you want to know what Sean Gaudet is saying now, check out my posts from yesterday and earlier today about this.

1:51 pm: Réjean Bélanger, “by the way, I’d like to meet with Mr Smith, Davis representatives, and you( Sean Gaudet ), outside please”.

The gallery is laughing and I don’t hear any loud voices coming from the next room yet. 

2:03 pm: Réjean Bélanger, Davis team, and Sean Gaudet legal team all returned.  Réjean Bélanger stated that Sean Gaudette can question Helene Oakes about her statements about CBSA blitz.  Réjean Bélanger stated that Helene was questioned by the Davis team about ‘blitz’ and was never questioned by Sean Gaudet about ‘blitz’ yet.

2:06 pm: Sean Gaudet is questioning Helene about a VACIS ‘blitz’.  Helene is explaining that she was a CBSA officer, not a VACIS team.  Helene is stating that she was not a port targeter and that she did not determine blitz targets.

2:09 pm: Sean Gaudet is arguing that he wants Helene to remember exactly who said a comment about details regarding whatever the VACIS team was doing for the day.  Helene was not part of the VACIS team. Sean Gaudet asked Helene if it is odd for CBSA to target blitz ‘black suvs in Indian Lane’, because they can possibly carry tobacco. Helene said it was not odd.

2:11 pm: Helene is explaining that she was not part of the VACIS team as a response to Sean Gaudet’s questions.  Helene is saying that the reason the Davis incident happened, was because the officers never followed their process with primary inspection.

2:14 pm: Helene is explaining to Sean Gaudet why she did not give details about the incident to a reporter for the Phoenix newspaper in 2005.  Sean Gaudet is asking the same question 3 times in a row now, Helene stated she ‘does not know’ three times, and now Helene asked Réjean Bélanger, ‘is their a latin word to describe to this gentleman (Sean Gaudet), that my answer is ‘I don’t know”.?

2:26 pm: Chair asked Sean why he wants to question about tape recordigns, that supposively don’t even exist? Sean is responding that the witness is describing what she could or could not see with the cameras. Helene Oakes just stood up, went to the map in front and pointed out all the areas that the camera records and shows. (Sean is shaking his head, and does not seem happy that Helene is giving more info about the camera recordings.)  Sean asked where is the camera control for zooming in and out? Sean just said, “so,  it’s possible for Mohawk Security Office to control the camera?” (hmmm, is he thinking about blaming Mohawk Security for losing the tape recordings?)  Helene is explaining that she does not work with the tape recordings, so she can’t give details. 

2:32 pm: Helene said that she saw the VACIS team officers after Fallan Davis was brought into the CBSA port in 2005, on Kawehnoke (cornwall island ontario).  Helene responded to Sean Gaudet’s questions, about Kevin Sills.  Helene is explaining that if she beleives that if Kevin Sills had been following procedure, like he ususally did, then he should have had the blitz where the VACIS team was, if not only for the protection of the officers (from the VACIS machine). 

2:40 pm: Sean is asking Helene about her past experience with talking with a Human Rights Commision representative, in 2008, about this Davis incident.  Helene is explaining that she never saw the report prepared by the Human Rights Commision. 

2:45 pm: Helene is sarcastically stating that the VACIS team would not speak with her, because they must be an ‘elite’ team.  Helene is explaining what the CBSA view as ‘rez trucks’ and they are big black suvs, cars, or trucks with shiny things, the nicer vehicles are recognized as being from the reserve.  The CBSA officers beleive that big expensive vehicles are usually from the reserve, because they beleive that Mohawks can often buy better vehicles because they don’t have to pay the extra taxes and duties that non-natives pay for their vehicles.

2:57 pm: Sean Gaudet just asked for a break, he seems to be out of questions for Helene Oakes.

3:09 pm: Everyone is back from break.  Helene just confirmed with Sean that the video camera does not capture sound.  Sean Gaudet is asking Helene Oakes to confirm exactly what Fallan Davis said to other CBSA officers.

3:15 pm: Sean Gaudet is explaining that he has an obligation to ask the questions and give Helene Oakes the opportunity to respond.  Helene is now responding about why she consoled Fallan Davis in 2005. 

3:25 pm: Sean is asking Helene Oakes to confirm if she knew the reporter, Kim Hathaway.  Helene is explaining that of course she knew Kim Hathaway, because Akwesasne is a small community and Kim Hathaway wrote for the local newspaper.

3:26 pm: Helene Oakes is explaining that Nancy Davis is very quiet and shy.  Helene just asked Sean Gaudet “how do you deal with a blubbering, sobbing child, that is frozen with mascara down her face’?  Sean Gaudet and Réjean Bélanger asked Helene Oakes to clarify that she consoled Fallan Davis, in the CBSA building and not in Fallan Davis’s vehicle.

3:30 pm: Réjean Bélanger just let everyone know that the reason he keeps looking at clock, is because he puts time with his notes for his future referance.  Réjean Bélanger uses old-skool paper and pen to make his notes.

3:31 pm: Sean Gaudet is asking Helene Oakes to verify a past witness statement.  Helene is explaining that she often suggested to community members in Akwesasne to complain about any violations from CBSA.  Sean is asking Helene Oakes to verify a story written by Kim Hathaway from the Akwesasne Phoenix newspaper.

3:39 pm: Sean Gaudet is telling Helene Oakes to verify what other officers will say when they testify later.  Helene Oakes is not falling for Sean Gaudet’s tricks at all.  Sean is now waving his hands, pointing at Helene and asked her to state when she went into Mohawk Security office. Sean Gaudet is asking the same questions he asked yesterday of Helene Oakes.   Helene reminded everyone that the tape will show everything that happened — Sean interupted and asked Helene to talk about Kim Hathaway instead.

Helene responded to Sean’s question, by telling him again that the VACIS team was “dancing, prancing, shaking their booties [at Kim Hathaway and all the Mohawks that gathered to support Fallan around the CBSA building]“. Sean just shook his head at Helene, and stated to Helene: ‘they (VACIS & CBSA) will just deny that ever happened’  Helene stated that “I have more respect for CHRT than the CBSA at this point, I am telling the truth.  I don’t care what anyone else has to say, I am telling the truth”.

3:49 pm:  Helene is stating that she actually saw a VACIS team member tell Kim Hathaway that his badge number was 12345 (incorrect badge number).  Sean is asking Helene if she beleived that Fallan’s statement that she would ‘call the Warrior Society’ was a threat?  Helene is saying that she did not view Fallan’s statement as a threat.  Helene is explaining that the Warrior Society is Peace Keepers and that Sean Gaudet needs to actually speak with the Warrior Society to get any more information.  Helene is explaining that she purchased books and gave them to Rod Hart and Debbie Zion, that gave more accurate information about the Warrior Society.

3:53 pm: Sean just asked for reasons that Helene Oakes left the CBSA.  Chair, is telling Sean that he allready asked the questions and got an answer.  Sean is looking at the clock and stalling for time.  It looks like he is trying to wear down and tire out Helene Oakes again.

3:56 pm: Kakwerais was notified by Chair to let the next witness  (Richard Oakes aka Oka Dick) know that he is not needed today, that the next witness can come in tomorrow. The next witness told Davis team that he is planning to leave for vacation tomorrow though, so that may be a problem. 

4:00 pm: Helene: the mysterious tape will resolve this….. Sean just interupted her again to talk about something else.

4:11 pm  Sean is asking Helene Oakes to verify her CBSA files from more than 5 years ago. Helene just asked why does Sean Gaudet still have access to her employee files, more than 2 years after the fact?  Helene just asked why Sean is an expert on Canadian labor laws, but he just stated that he does not understand the law about using Helene Oakes employee files, more than 5 years later.  Doh!  I wonder if Sean Gaudet is feeling any kind of embarassment for being caught in his own web again?

4:15 pm: Helene: can I ask why my past grievances are relevant to this Davis Human Rights Tribunal?  Sean Gaudet is asking for more details about the past grievances that Helene Oakes put forth, in regards to her wishes that the Akwesasne community and people from Akwesasne participate in providing training about ‘aboriginal sensitivity training’.  Sean Gaudet is going back to questions that he asked Helene Oakes yesterday.  Repeat, repeat, click, click.

4:25 pm: Fallan Davis is asking Helene Oakes, if she ever attended the PowWow or big events in Akwesasne community.  Helene is stating that she did attend the Friendship Days and she participated with Mohawk Council for community events too. Helene is explaining that E67 form from CBSA is not just for secondary, it might be for immigration, or other reasons.  Helene is stating that the traveler brings in E67 form and that Fallan Davis, did not bring in the E67 form.  The Chair is trying to end the meeting, but Mr. Brian Smith just spoke up and said that Fallan has more questions. 

4:29 pm:  Kakwerais is asking Helene ‘those times that you did not ask travelers for identificiation in the Indian Lane, if they pulled off to the side to take their children sliding, did CBSA ask those sliders for identification?’.  Helene is explaining that it’s normal procedure to not ask for identification from travelers.  Helene just explained about the children sliding at the edge of the bridge, each winter.

that’s all folks, for today. good night