More tampered evidence from CBSA during Davis Human Rights Tribunal?

9:37 am; Davis team, Mr. Brian Smith, Sean Gaudet and his assistant are in a private meeting with the Chair, Réjean Bélanger and his assistant Nicole Bacon.   Lucinda Reading and her friend are sitting at the front of the room, with their backs to the gallery.

9:50 am; more people are coming in to sit in the gallery. The Chair, Réjean Bélanger just entered and the cross-examination is starting of Helene Oakes by Mr. Sean Gaudet.  Réjean Bélanger is explaining that they were in a meeting to discuss the schedule for the rest of the Human Rights Tribunal.

Sean Gaudet is questioning Helene Oakes about the Akwesasne Remissions Order.

Helene asked where the questions are going, because she allready spent half an hour answering about remission order.

Sean changed his questions to focus on the hours that Helene worked,  whether or not she worked with immigration, did she wear a uniform to work with a radio on her belt, what frequency was it set at, why cbsa did not want non-cbsa to hear their radio frequency, did the vacis team use another frequency?

Helene stated that the VACIS team was given the CBSA frequency, so that they could all communicate.

Sean Gaudet is asking Helene Oakes if she had previous contact with Fallan Davis, did she recognize her face, where was Helene Oakes working when the incident happened, what did she hear Kevin Sills say over the radio?

Helene stated she heard Kevin Sills on the radio, stating he was sending someone in to pay taxes and duties. Kevin Sills came in to the CBSA building, threw receipts onto counter, and he stated ‘boy is she ever pissed’ (referring to Fallan Davis).

Sean is asking how Helene knew that Fallan Davis was ‘aboriginal’.  Helene is explaining that she recognized Fallan Davis face and knew that she went through the Indian Lane all the time. 

Helene keeps explaining that the incident happened in 2005.  Sean Gaudet keeps asking the same questions over and over again.  The questions sound really silly, regarding the exact specific sequence of whether or not she remembers if Kevin Sills ‘put’ or ‘threw’ receipts onto a counter.

The Chair is reminding Sean Gaudet that he is going too far, asking Sean Gaudet to be reasonable and asking Helene to please be as reasonable as possible.  Sean is now stating that he is reasonable.  The Chair is again reminding Sean Gaudet to stop putting too much pressure to cause confusion with the witness. ”Please try to take it Easy” Sean: “ok, Ill try not to be too hard on the witness”

10:09 am, Helene told the Chair that it feels like she is on trial, forced to answer the same question more than 5 times over again, and this is supposed to be a hearing. Sean just said that he never asked the question and the gallery laughed at Sean Gaudet.  The Chair and Sean Gaudet is arguing now, .. Now Sean just told Helene what to say. Sean Gaudet just asked the same question about Mr. Sills again!  It seems that Sean Gaudet does not understand that a question ends with a question mark and is very differant than a demand, statement, or demand for listener to agree with whatever Sean Gaudet just stated.

10:12 am; Helene just asked the Chair if she may help to put Sean out of his misery. 

10:15 am; The Chair, Réjean Bélanger  finally just told Sean Gaudet that he is asking the same questions again.  This is getting ridiculous, with Sean Gaudet.  Sean is back to his rude behavior.  The Chair Réjean Bélanger said he knows that Sean is trying to trick Helene Oakes into contradicting herself and that the repeated questions are enough now.  The Chair Réjean Bélanger just told Sean Gaudet, ‘as far as Im concerned, ask your own witnesses about the training, when they come in’. 

Sean: ’so all the evidence and criticism she (Helene) gave, that you have now formed an opinion about, you are saying that I am no longer allowed to ask those questions.  for the record, Im completely shocked that you are not allowing me to “  Réjean Bélanger: “You are repeating the same question over and over again.  I would normally accept it. I consider you are going overboard at this point.  As far as my opinion I have, it is based on the witnesses that I have heard.  When I hear your witnesses, I am sure my opinion may change, when your witnesses are presented.. It’s completely normal that a person has an opinion”. 

10:20 am, Sean Gaudet’s is repeating the same question about training again.  Réjean Bélanger just told Sean Gaudet twice that he needs to stop repeating the questions.  Sean Gaudet went back to repeating the same questions and is trying to deny the witness ability to look at her own notes.  Sean is questioning why Helene Oakes is not in more contact with Fallan Davis over the years.  Sean is argueing with the Chair and trying to tell Réjean Bélanger how to do his job.  Helene showed an email to Sean Gaudet that she had to review to answer his question about a specific date.  Sean Gaudet asked if he can read the email to everyone. 

10:26 am: Sean Gaudet is quietly reading the email and passed it to Mr. Brian Smith.  Mr. Brian Smith said that he will pass it to the Davis team after he reads it.  Helene Oakes just stated that she did not give that email to anyone and that the only reply she received of the email was a verbal reply. 

10:27 am, Teiohontathe Fallan Davis and Kakwerais are reading the email (addressed from Helene to her husband)  quietly now. 

10:29 am, Sean Gaudet just stated that he does not want the email to be submitted into evidence, because it is not relevant.  Mr. Brian Smith just spoke up and stated that the email does need to be put into evidence, Im surprised it was not originally put into evidence by the CBSA.  Kakwerais is stating that the email should be submitted, that we never saw that before, and the CBSA should have disclosed that document because it is relevant to this incident.

10:32 am, Sean Gaudet is trying to stop Réjean Bélanger from seeing the document, and Réjean Bélanger ignored Sean Gaudet.  Réjean Bélanger is looking at the email now.  Réjean Bélanger is making notes on the email.  Sean Gaudet is arguing that the email should not be submitted as evidence. Sean is stating ‘for the record, Mr Smith’s comments are irrelevant.’  Sean Gaudet is stuttering now and said ’sauce for the gander is sauce for the goose’. ???  Réjean Bélangeris explaining that the email can be submitted as evidence and that it is ok and quite normal that the witness brought documents with herself, so that she can answer your (Sean’s) questions.

10:34 am, Sean is angry that the email is submitted as evidence and he is accusing Réjean Bélanger of wrongdoing.  Réjean Bélanger  is explaining to Sean that when he questions witnesses and tries to embarass them…. their is a price to pay when you go fishing, and this is one of the results.

10:36 am, We are going on 10 minute break while Nicole Bacon makes copies of the email for everyone.

10:53 am, Réjean Bélanger  just entered and he is asking Helene Oakes about the email that was just submitted into evidence.  Réjean Bélanger  just said he changes his mind, because Rod Hart can not verify that the email was received by Rod Hart.  Réjean Bélanger will not accept the email as evidence. 

10:55 am, Sean Gaudet is asking Helene Oakes about the training again.  Réjean Bélanger  just told Sean Gaudet that he can not keep asking the same questions again.  Sean just told Réjean Bélanger that the Chair decided that, that ‘we’ did not decide that.  Sean is ignoring the Chair and keeps asking the same questions again.  Sean is arguing that he never asked the questions before (we all know and heard that he did ask the questions before) and the Chair is telling Sean Gaudet that they most certainly did discuss the training issues allready.  The Chair is now giving Sean Gaudet a recap of yesterday.  Sean just said that his questions yesterday had nothing to do with aboriginal sensitivity training and ignored The Chair’s request again.  The Chair is now looking at Sean Gaudet.  Sean is doing his twitchy, angry, waving his hands around act now.

11:01 am, Helene is angrily answering the same questions she answered yesterday, from Sean Gaudet, regarding the training provided by Dr. McDonald for CBSA.  Helene asked the Chair if she can refer to the original agenda that Sean Gaudet is questioning her about.  Sean just interrupted – apparently he does not want anyone to see the original aboriginal training agenda!

Sean stood right up from his seat and he is now trying to get everyone to forget about looking at the original aboriginal training agenda that Helene brought with herself.  Sean is arguing with the Chair and telling the Chair to submit a document into evidence, that has no date or acknowledgement.

Kakwerais, just requested that everyone look at another document, because it shows that more evidence that was submitted by CBSA is not adding up.  Sean is angry and trying to stop the Chair from speaking with Kakwerais. 

11:09 am, Helene Oakes just started explaining the mistakes and misinformation (about Mohawks) that she found in Dr. McDonald’s aboriginal training agenda.  She is telling how Rod Hart sent her home early as a result, while other CBSA agents stayed at the training.  Sean is saying that he only wanted to ask if she recognized the agenda, frankly he thinks this is all a red herring about the aboriginal sensitivity training, undated documents are not inadmissable, blah blah’.  Sean just said ‘this is all a door opened by the witness’.  The Chair just reminded Sean Gaudet that he is the one that is raising the questions.

Helene just told the Chair that the document that Sean Gaudet is trying to submit in place of the original ‘Aboriginal Training Agenda’, is referring to BSOs – BSO was not a term used back when the original training agenda was provided by Mr. McDonald to CBSA. 

I am wondering now, who created the new altered ‘aboriginal training document’ that Sean Gaudet is trying to use to replace the original evidence?  How did Sean Gaudet and CBSA legal team, not realize that BSO was not a term used back when the true actual ‘aboriginal training agenda’ was actually created, back in 2005? I am also wondering if this is really the Davis vs. CBSA Human Rights Tribunal, or is this the Sean Gaudet bully btwbs circus?

11:30 am, Everyone just got back from break.  Helene is asking if she can give an attached letter from Mike Mitchell regarding the original ‘aboriginal training agenda’ that she is referring too.  Sean is interrupting that it is unusual that a witness provide documents when questioned.  The chair is not going to accept any new documents from Helene, and Sean said thank you.

11:32 am, Sean is asking Helene if she was called a BSO in 2005? Helene said she was not referred to as BSO in 2005.  Sean is back to asking the same questions about the aboriginal training agenda, date, and details.  Helene is explaining that she does not want somebody to teach her about Akwesasne community, when that somebody has no experience with Akwesasne and tries to teach misinformation about Akwesasne.

11:36 am, Sean is asking Helene to verify some emails she had with Rod Hart and Lucinda Reading.  I think that is curious, because the Chair just told everyone he will not accept documents with Rod Hart, because Rod Hart is not able to verify any Sean is asking Helene to explain why she did not want the ‘aboriginal sensitivity training’ and if she knows Lucinda Reading’s exact job title and responsibilities.  Helene is explaining why she beleives that she would not benefit from ‘aboriginal sensitivity training’ being provided from anyone that is not from Akwesasne.

11:40 am, Sean is questioning Helene Oakes about ‘multiplicity indicator’ and how it causes more Natives to be sent to secondary.  Helene is explaining that her father is Native and that she can look in the mirror to learn about Natives.  Helene is explaining how Rod Hart and other supervisors in CBSA stopped anyone from Akwesasne from helping to educate CBSA about the people in and from Akwesasne.  Helene is explaining how she tried from 1993 to 2008 to help and CBSA finally ordered her to leave CBSA.

11:46 am,  Helene is explaining how frustrated she was that CBSA had no concept or willingness to understand the people of Akwesasne.  The Chair, Réjean Bélanger is asking Helene if she feels that it’s impossible to change the culture of the CBSA? Helene is sayign that they need to step down a little bit rom thr enforcemtn a little, start treating people like people, first, before they have to see that when somebody comes in and has a hard time speaking english, to not demean him.  I’ve seen that done.  Older epeopel that only speak Mohawk, are brushed away.  CBSA needs a whle mindset change. 

Chair Réjean Bélanger, is asking ‘What could be done to improve the situation’?  Sean just interrupted. 

11:52 am, The Chair, Réjean Bélanger,  is asking Helene again ‘How can this situation improve’? 

Helene:  alot of incredibly knowledgeable people in Akwesasne and the Confedearcy that Im sure would sit down.  A room where everyone sits down in a circle and talks, explain what the Warriors are, explain what Warriors mean, what happened in the 70s. They (CBSA) need to find out what the history of Akwesassne is. 

11:52 am, Helene is explaining her frustration over the aboriginal senstivitiy training provided by CBSA, responding to Sean Gaudet’s repeated questions about training.

11:54 am, Réjean Bélanger just reminded Sean Gaudet to move forward with his questions, because he is repeating again.  Sean Gaudet is asking for all the details about how Helene Oakes left the CBSA, each time she was disciplined by CBSA.

11:58 am, Helene just asked the Chair, what does Sean Gaudet’s questions have to do with Davis Human Rights Tribunal?  

We are going to lunch until 1:15 pm today.