My name is Monica, I am Onkwehonwe and I live in Akwesasne (Kawehno:ke aka Cornwall Island portion). Others often refer to Onkwehonwe around Akwesasne, as ‘Indian’ or ‘Mohawk’ or ‘First Nation, Aboriginal, Indigenous, Iroquois, Haudenosaunee, Native’.  On days that I choose to leave or return to my home, I am forced to make a decision about how I will accomplish that. Will I take a right turn or a left turn? What are my chances of returning home safely, peacefully, and intact?

Either way I turn to leave or return to my home, I must beep my closest friends and family to let them know the exact time that I make the turn and which way I will turn. I never know when or if any border agents, police, troopers, military, union agencies, or corporations (Seaway, Gas, Telus) are going to decide to barricade our roads and bridges. Each time they decided to barricade our roads, bridges, and imprison all Onkwehonwe onto our tiny island this year, they usually laughed as they told me that the ‘Mohawks of Akwesasne’ have no human rights with them. Other days they would frown, bark orders at me, and demand that I submit to all of their commands. Other days, they threatened to take my cameras away from me.

One night, this past summer (2009), a female NY State Trooper, actually crept up to my vehicle with her hand on her gun, as if she was terrified my vehicle would blow up on her. I had to put both my hands up in the air and loudly say hello so that she could at least hear a human being’s voice, coming from inside my vehicle. I have to say that I was alarmed that she might just start shooting me, simply because I was just trying to return to my home after purchasing a few bottles of water.

If I take a left turn, I must prepare myself mentally and remind myself of The Great Law. Based on how the Canadian Border Services Agency (CBSA) union agents have treated myself, my friends, and family for the past 50+ years, I know that I can be the next unfortunate traveler.

At any time, a traveler may be unfortunate to be forced to deal with a miserable CBSA union agent. Not every CBSA union agent is the same, but we seem to have a clique of CBSA agents around Akwesasne, that have a very long history of dealing out abuse, harm, and threats towards innocent travelers.

Why is CBSA is stealing vehicles from Akwesasne?
In October 2009, CBSA union agents started stealing vehicles from anyone they know that lives in Akwesasne. CBSA then demands a $1000.00 or more ransom, to be paid by the Mohawk Council of Akwesasne, before they will return the stolen vehicle or even show the paperwork about why they stole the vehicles. CBSA union agents have stolen the same vehicle from the same individuals, while laughing in the vehicle owners’ faces on occasion.  CBSA continues to steal vehicles from Akwesasne, even today.

Has your vehicle been stolen by border agents?

How  is CBSA forcing more than $30,000.00 per day from working class people in Akwesasne?
On some days, CBSA collects more than $30,000.00 from the mothers, fathers, grandmothers, grandfathers, sons, daughters, and good innocent working-class people that live in Akwesasne.  Some of the people, refuse to allow MCA (Mohawk Council of Akwesasne) to pay the ransom for them, because they do not want the MCA to represent them as Onkwehonwe.  Some of the people, empty their life savings to pay the ransom.  Others take out personal loans to pay the ransom to CBSA.  Others in Akwesasne, go to the roads and beg for dollars, hoping that 1000 or more travelers will be able to spare a dollar, so that they can get their vehicle back and get their own children to school safely.

Why does CBSA want Akwesasne and Indians put under Marhall Law?
CBSA union agents laugh at the Mohawks of Akwesasne and try to escalate the bully game.  On a few occasions, this past summer of 2009, they have been overheard laughing and urging their angry victims to go beg for dollars, shut down their own bridges in Akwesasne,, so that all the Indians could be put under Marshall Law.

Have you ever had a border agent make threats about martial law for your own community?

Why is CBSA calling the Mohawks of Akwesasne, Immigrants and Refugees?
Sometimes when CBSA union agents recognize us, as being from Akwesasne, they scowl at us and demand that we go in another building to be interrogated. Other days, the CBSA union agents, will shut their booth window and get on their phone when they recognize our faces as being from Akwesasne. After they talk on the phone, they usually demand that we go to another CBSA trailer to be interrogated. Sometimes they hide their faces and their badge numbers from my cameras, when they say and do things that are abusive towards us and break their own laws, mandates, and policies.

When we are forced to go to another CBSA trailer, their are usually another set of CBSA union agents that interrogate us. The scrutinize our identification cards, passports, status card, drivers licenses or whatever identification we may be carrying. When I ask them why they are interroogating me, they angrily state that they are following the ‘Immigration and Refugee Act’ or the “Immigration and Refugee Protection Act’. When I tell them that Onkwehonwe and Indians are absolutely not ‘Immigrants’, nor are we “Refugees’, they usually scowl, laugh at me, or start behaving even more bizarre towards me.

Have you ever been forced to prove that you are not an immigrant or refugee, after you showed your identification to a border agent?

Why and Where do CBSA agents deport Indians too?
Usually as I deal with each incident with CBSA, I end up hearing about at least 5 more stories about other Onkwehonwe, Indians, Mohawks, Aboriginals, Indiginous, and First Nations individuals that were kidnapped, driven far away from their home, and dropped off at another border agency location. When CBSA union agents drop them off in the middle of nowhere, far away from their homes, they are left to fend for themselves and who knows if all of them ever make it back to safety? I am sad to think about any young travelers that are not able to afford the basics of personal safety. A cell phone along the border towns is an outrageous bill, that many working class people are not able to afford.

Are you an Indian that was deported from your own home? If yes, where did the border agents deport you too?

Lessons Learned about living around corporation borders.

• Do not travel alone around the borders.  Some border agents have a nasty habit of falsely accusing travelers of various crimes.  Some border agents are very nice,  but the few that are nasty, have really created serious safety hazards for all Onkwehonwe and travelers.
• Contact at least one friend or family member before you leave for your destination, during the route to your destination, and when you arrive at your destination.
• Always keep an audio recorder on and recording when you are forced to deal with border agents.
• Keep  your camera / video camera recording when you are forced to deal with border agents.  Be sure to not put yourself or your camera in a position that can be considered ‘hindering an officer of performing his duties.’  Keep a safe distance away, do not point the camera at the officer’s computer keyboard if present.
• If  you must travel alone, listen to happy peaceful music or audio that helps you maintain a peaceful happy mind.  I know it sounds silly, but some of the nastiest border agents around here, seem to pickup on any travelers that are having a moment of weakness (anger, fear, anxiety).  Do not risk your safety, by putting yourself in a situation where angry bully border agents may decide to take their misery out on you.
• When you are in a group setting, keep your cameras and audio recording and pointed at others in your group as they deal with border agents.  Be sure that your fellow travelers also point their cameras at you while you document the event.  Cameras seem to help everyone to remember to act with their best behavior.  Remember to stay calm and focused on remaining peaceful, calm, and safe.  Do all you can to De-escalate any incidents involving angry, frightened, anxious, border agents.
• If you notice CBSA border agents putting on black leather gloves and covering up their own security cameras, make sure you loudly point out that more cameras are still pointing at the officers from outside your small group that the CBSA union agents are focusing on.  When CBSA union agents realize that cameras are still recording their actions, they tend to stop threatening, making up false accusations, and often will stop their attack right their.  **  if you notice CBSA union agent is loudly verbally stating something that totally contradicts what is going on, quickly loudly let that CBSA union agent know that their are still more cameras on the incident.
• Cameras, Video Cameras, and Audio recorders can be setup to automatically upload incidents to the internet and other servers.  You need to learn how to do that for yourself if you are traveling around the borders.  You can contact me around Akwesasne, if you need some help to learn how to document the events in your life around Akwesasne.

I often wonder why some of the border agents consistently try to escalate a simple grocery shopping trip into a national security incident.  I may never understand why any border agent would choose to go into a career field that they so obviously hate so much.  I must say that if it were not for the friendly, honest, and professional border agents, I may never be able to enjoy the benefits of simple basic human rights around Akwesasne.

I am still at the tribunal watching and listening to everything.  We have a few new people in the public gallery, watching the tribunal today.  Two are with CBSA and another is from the Canadian federal government.

10:54 am The tribunal parties are all in a private meeting now.

11:11 am, The tribunal is back from break.  Rejean Belanger is explaining that an affidavit from witness Joyce King is being submitted.

11:14 am, Sean Gaudet is stating why he objects to Joyce King’s affidavit and he does not want her to be allowed to testify.  Sean does not want Joyce King to testify about the items in her affidavit either.

11:15 am, Mr. Brian Smith is stating that he thought Rejean Belanger already agreed to allow Joyce King’s affidavit to be submitted.

11:16 am, Kakwerais is stating that they want Joyce King to testify and to submit her affidavit as evidence.  Kakwerais wants Rejean Belanger to note that CBSA is being allowed to have 10 and maybe more witnesses, while Davis is barely allowed 6 witnesses.  This is showing a systemic issue from CBSA with the community of Akwesasne and that Joyce King should be allowed to testify.

11:18 am, Rejean Belanger is stating that he must limit himself to the incident with Davis and that he can not accept hearsay, because hearsay is not as strong.  Rejean Belanger is suggesting that the affidavit and the witness Joyce King is allowed to testify. Kakwerais stated that Joyce King is not present to testify.

11:22 am,  Sean Gaudet is asking that he be allowed to view every complaint from Akwesasne, that Joyce King is going to testify about.   Rejean Belanger is stating that he is willing to acknowledge that the affidavit may not be on solid ground.  Sean Gaudet is stating that he does not agree with Rejean Belanger, because Rejean is presuming the information in the affidavit is accurate.  Rejean Belanger is explaining why he wants to allow Joyce King to testify.

11:29 am, Kakwerais is explaining that Davis did not know what was going to happen today, so the witnesses were not sure if they should be present today.  Now the new witnesses can actually view the videos when they testify in the future. Rejean Belanger is stating that no more than 15 minutes should be spent interogating each witness in the future.

11:30 am, Rejean Belanger is stating that when tribunal reconvenese that we will hear from Larry King, Joyce King, Mr. LaFrance, Richard Jacobs, John Boots, Helene Oakes, Teiohontathe Fallan Davis

11:31 am, Sean Gaudet is stating that he will be calling more witnesses and will provide their names by January 15th 2010.  George Caparelli, Rod Hart, Sylvie Chibleaux (sp?), Scott Anderson.  Sean Gaudet is stating that more witnesses will be provided to speak about the technical aspects of the video.

11:35 am, Kakwerais is asking why Sean Gaudet is allowed additional witnesses, depending on what is said in tribunal? Kakwerais is asking if Davis can get more witnesses depending on what Sean Gaudet’s witnesses say?  Rejean Belanger is stating that ‘he hopes not’.

Kakwerais is stating that we would not be in this problem if CBSA would have actually told Sean Gaudet all of the information.  Rejean Belanger is stating that might be partly true.

11:37 am, Mr. Brian Smith is stating that two weeks does not seem like enough time to go through all the witnesses.  Rejean Belanger is stating that they have covered everything they could, have a happy christmas, thank everyone for their cooperation, thank the public gallery because its very important that society knows what is happening.

11:40 am,  and this round is over.  O:nen ki:wahi

9:22 am, I am sitting at the Human Rights Tribunal waiting for it to begin.  Most everyone is here allready; Davis team (Teiohontathe Fallan Davis and Kakwerais), Canadian Human Rights Commision (Mr. Brian Smith, Nicole Bacon), and CBSA legal team (Sean Gaudet and assistant, Lucinda Reading and assistant).  The CBSA legal team brought two supporters with them and they are sitting in the public gallery now.

9:27 am, The tribunal is starting now that the chair, Rejean Belanger is here.  He is xplaining that the hearing was suspended early yesterday for internal discussions with the parties (excluding chair).

9:29 am, Sean Gaudet is starting first, because he wants to announce that he CBSA has mysteriously located the original video tape (dvd). Sean stated he provided a copy to Mr. Smith and Ms. Davis, but it only appears portions / of the interactions with Davis and the CBSA officers.  CBSA is not providing a complete interaction of the incident.  Sean Gaudet is also providing a video cassette that is multiplex that consists of 1 second images from several cameras throughout the CBSA port during the Davis incident (he never provided that yet either).  Sean is suggesting to de-multiplex the video before he submits it.

9:32 am, Sean Gaudet is explaining that Davis, Mr Smith, and CBSA legal team watched the DVD yesterday.  Sean Gaudet is explaining that they are speaking with CBSA forensic technician that will work on the dvd and tape recordings.  Sean Gaudet is asking for more time to work on the dvd (de-multiplexed) and that he can provide them by January 15th, 2010.

9:35 am, Sean Gaudet is stating he will also supply a hard-drive that may not contain anything, because they have never looked at it.  Sean Gaudet is suggesting that as they go forward, that CBSA and all parties have looked at the video and that CBSA wants to be sure that the video is submitted as evidence.

9:37 am, Kakwerais is asking the Chair, Rejean Belanger if she can ask a question before she decides if she wants to agree to submit the video as evidence.  Kakwerais is asking to verify exactly what camera’s video is being submitted into as evidence and that each camera’s recordings are submitted as one video for each camera.

9:39 am, Kakwerais is stating that each video submitted, that the camera it comes from is clearly identified.  Kakwerais also stated that the Davis team was not able to view the videos yet. Kakwerais is questioning why the videos are suddenly mysteriously available yesterday and were not available for the past 4 years.

9:41 am, Kakwerais is stating that the videos be given to a third party – independant of CBSA and Davis team to process.  Kakwerais is requesting a copy of the ORIGINAL VIDEOS again.  Davis team has requested the videos since 2005 using the ‘Access to Information Act’.  Kakwerais is requesting that all the original videos be given to a third independant party to process.

9:42 am, Kakwerais is stating that the video she saw yesterday, had breaks in the video.  Kakwerais is stating that the person that provided those videos need to provide details about how they processed it.  Kakwerais is stating that she wants a third party to process the original videos (not the CBSA, not the Davis team, not the Canadian Human Rights Commision).

9:45 am, Sean Gaudet is explaining that CBSA will provide all their own video experts, to explain why their are gaps in the videos provided by CBSA. Sean Gaudet is stating that it’s normal for video recordings to stop and have obvious gaps in the video.

9:46 am, Kakwerais is stating that Sean Gaudet and Human Rights Commision acknowledge that Davis team have asked for those video recordings…. Kakwerais is requesting that CBSA sign an affidavit stating why CBSA was refusing to show the video before?  Kakwerais is explaining that the past witnesses may need to re-testify again too.

9:48 am, Rejean Belanger is agreeing that affidavit’s and witnesses need to testify about why that tape was not produced.  Sean Gaudet is arguing about the admissibility of the tape, Sean is arguing that ‘now that we have the tape, the tape should go into evidence’.

9:49 am, Rejean Belanger  is explaining that the past witnesses should be brought back to discuss the video.  Kakwerais is stating that the video should be submitted, but that she has never been able to view it.  Kakwerais is explaining that it is unfair that Davis witnesses never had the opportunity to view the video first before they testified, while CBSA witnesses will view tape before they testify.

9:52 am, Rejean Belanger is suggesting to give Davis witnesses the opportunity to view the videos, return to the tribunal, and testify again, even correcting their previous statements, because the video may remind them of what they actually saw.

9:54 am, Kakwerais is stating that Davis will agree to have videos submmitted if they are not edited, the chain of custody is explained, witnesses explain why the video was lost for so many years, where did it go, who used it,

9:55 am, Kakwerais is stating that Helene Oakes testified and mentioned her past notes with CBSA.  Mr. Oakes past notes were also taken by CBSA and none of those notes have been disclosed.  Kakwerais is asking for some type of ruling in regards to all the evidence that has not been disclosed.  Evidence can not be with-held until after all the witnesses testify.

9:57 am, Mr. Smith is explaining that its not surprising to hear of the distrust of CBSA, after all the events in this tribunal.  Mr. Smith is concerned about how the CBSA has consistently hidden, refused to provide, and even lied about evidence even existingVACIS machine pictures, radiation reports, notes of CBSA officers.

10:00 am, Kakwerais is explaining that a licensing regulation group never provided a licence to CBSA for that VACIS machine.  Rejean Belanger is interupting Kakwerais, and he is stating that he will not go into that direction, because Davis is not able to provide any medical evidence of any harm that may have done to her.  Rejean Belanger is explaining that it’s not in the best interest of CBSA to hide information.  Rejean Belanger is asking CBSA to provide any other hidden information before January 15th.  Rejean Belanger is stating that he does not know if the tribunal has the necessary resources to provide a third party to review the videos.

10:03 am, Mr. Brian Smith is explaining that he agrees with Rejean Belanger.  Kakwerais is agreeing to allow the CBSA to provide the un-edited videos, hard-drive contents that CBSA hid from Davis since 2005. Kakwerais also wants a full detailed explanation of how and why the videos were hidden from Davis since 2005.

10:09 am, Kakwerais is stating that Sean Gaudet showed her an opened ‘evidence bag’ that contained a video tape.  Kakwerais is asking why it was in an opened bag marked as evidence. Sean Gaudet is agreeing to supply the videos, the evidence envelope & bag, including details about why the video was hidden for so long, why did CBSA claim that the video never existed from 2005 until December 17th 2009, and Sean Gaudet is agreeing to supply the information by January 15th 2010.

10:13 am, Mr. Brian Smith is asking for the CBSA technicians to explain why their are time lapses in the videos.  Mr. Brian Smith is explaining that CBSA hid the videos (CBSA also lied and told Davis that the video did not exist since 2005!)  Sean Gaudet is trying to interupt Mr. Brian Smith.  Mr. Brian Smith is still trying to explain that it is not fair that CBSA receives so much time for each of their requests, while Davis team does not get any time to even review evidence.  Rejean Belanger is telling Davis that maybe she can ask for assistance to review the videos.

10:18 am, Kakwerais is explaining that she wants the original VHS video and wants to be assured that the original VHS video will not be destroyed.   Rejean Belanger, eyebrows are raised is stating that ‘imagine how it will be, if the evidence is destroyed before coming here’

10:21 am, Teiohontathe Fallan Davis is asking why so much other evidence is also not being provided, while other evidence is being provided.  Kakwerais is explaining that many of the notes (evidence that CBSA is also withholding) from CBSA state ’see the tapes’  (proving that CBSA has most certainly hid the tapes from Davis). Rejean Belanger is explaining that each time the missing evidence shows up mysteriously, that does not really help CBSA.  It can cause doubts…

10:23 am, Rejean Belanger is stating that Davis  and all her witnesses, will be given opportunity to look at video and testify again about the portion covered in the video.

10:27 am, Kakwerais asked Sean Gaudet a question in private.  Lucinda Reading and her assistant looked at each other nervously.  Sean is talking quietly with his assistant.  Sean Gaudet is stating that ‘after CBSA supplies video and any other evidence, that Davis can consult with Tribunal to provide a third party to process the video’.  Sean Gauet is stating that Davis may want to call in another expert, and asking if they can all schedule a conferance call for that discussion.  Davis may want to receive assistance from a third party and then provide her own video from the original VHS.

I have a feeling that the so-called mysterious original VHS may not even be the original and may be another edited version of the original.  Why did CBSA state that the videos never existed?????????

10:32 am, Mr. Brian Smith is asking that each camera be identified, is the time, date, camera identified on each video recording?

10:34 am, Kakwerais is asking if they can also receive a video showing Davis leaving the island earlier that day?  Maybe that could also help everyone to discover if the video is actually an original or whether it is yet more tampered evidence.  **

10:36 am, Sean Gaudet is stating that he needs more time to speak with the CBSA technicians.  Rejean Belanger is stating that he does not see the helpfullness of video from another time other than the Davis incident.

10:36 am, Kakwerais is asking if the CBSA technicians were sitting in the room now?  Sean Gaudet said that their is a witness exclusion order, so they are not in the room now.

10:39 am, We are going on break until 10:45 am

I am still at the Davis vs CBSA Human Rights Tribunal, waiting for everyone to return. Davis needed a quick break, but Sean Gaudet never returned from the brief break yet.  Then Nicole Bacon (Canadian Human Rights Commission Tribunal) notified everyone in the gallery that they would be out on break for a bit longer.  We’ve all been waiting for longer than an hour for CHRT (Canadian Human Rights Commission Tribunal), Davis team, and Sean Gaudet (CBSA legal team) to return now.

10:53 am:  Lucinda Reading has not attended today.

11:05 am:  No one has returned yet, because Sean Gaudet is still on the phone with his legal team.

11:28 am:  Davis team, Canadian Human Rights Commission, and CBSA legal team, all just went to go meet privately.

12:27 pm Nicole Bacon (Canadian Human Rights Commission), just came into the tribunal meeting room and announced that the parties are currently discussing matters, so we are adjourning for the rest of the day.  Richard Jacobs needs to return tomorrow to testify.

12:30 pm: People in the gallery are talking about and laughing because Sean Gaudet just came into the tribunal room, he is slamming his books around and left angrily.

12:31 pm: Davis team just came into the tribunal room and they are looking for a specific document on their tables.

Nicole Bacon (Canadian Human Rights Commission) let the gallery (public) know that the parties would not be returning, but they can return tomorrow morning at 9:30 am.

Davis team and her supporters had lunch break until 3 pm.

Teiohontathe Fallan Davis, Kakwerais, Mr. Brian Smith (Canadian Human Rights Commission Lawyer), Mr. Sean Gaudet (CBSA), his assistant, and Lucinda Reading’s assistant continued a private meeting until about 4:45 pm.  Missing from the private meeting, was Rejean Belanger (Canadian Human Rights Commission Chair) and Lucinda Reading (CBSA ?).

The Human Rights Tribunal will meet tomorrow morning at 9:30 am and continue until 5:00 pm.

I am at the Davis vs CBSA Human Rights Tribunal, waiting for it to start. I will post what I see and hear. I won’t post too much about my own opinion today. I want to take some time to process everything I see and hear about this tribunal this year, and then I will post a story about what I personally think about the Davis vs CBSA Human Rights Tribunal, later this year. Wow, only a few more weeks left to this year.

9:37 am, The Chair, Réjean Bélanger, is explaining the next hearing will be held from 15th to 19th of March and 22nd to 26th of March 2010.  Richard Jacobs (Oka Dick) is being called in as the witness.

9:40 am, Richard Jacobs is being sworn in, with a bible.  Kakwerais is asking Richard Jacobs to look at documents and asking if the documents are his.  Richard Jacobs is stating that its his document, but it has some changes.  He said it is rough, because he felt this case was going nowhere, like all the other cases like this one (Davis vs CBSA Human Rights Tribunal).  Richard Jacobs is saying the document was just given to his supervisor as a rough draft.  Richard Jacobs is stating he was Mohawk Security Officer at the CBSA port for 24 1/2 years so far, as of this year.  Richard Jacobs is stating that he lives on Cornwall Island even during the time he has been a Mohawk Security Officer.

9:46 am, Richard Jacobs is explaining the changes he has seen with the relationship between CBSA and the Mohawk community. He sees that the relations have soured in the last 8 or 9 years, because the bad treatment of Natives has increased.  Richard Jacobs is saying that he thinks the relationship changed for the worse, when the older CBSA officers retired, that the newer CBSA officers started treating the Mohawks poorly.  Richard Jacobs explained that the older CBSA officers seemed to treat travelers with more respect and maintained a friendly atmosphere.

9:49 am,  Richard is responding that the newer CBSA officers received education about the Akwesasne community in regards to the borders, a few years ago.  Someone was driving the newer CBSA officers and Immigration officers,  around the Akwesasne community to show them where the borders are.

9:54 am, Richard Jacobs just said that he does not know who Lucinda Reading is.  Lucinda is missing from this meeting this morning.  Richard Jacobs is talking about a ‘cultural sensitivity’ class about the Mohawks, that only one CBSA officer attended.  Richard Jacobs is stating that CBSA officers attended the career fair, at the Anokowara Arena each year.  Richard Jacobs said he never attended the career fair, that other Mohawk Security did attend and they were paid to attend the career fair.

9:59 am, Richard Jacobs is explaining that an xray machine was at the CBSA port on November 17th, (he does not know it’s called VACIS).  Richard Jacobs remembers seeing the VACIS team scan commercial vehicles.  Richard Jacobs is stating he does not know how many times the VACIS machine and team was at the CBSA port.  Richard Jacobs said the VACIS team & machine was at the CBSA port before November 17th 2005.

10:02 am, Richard Jacobs is stating that he never received any training about the VACIS machine or team.  Richard Jacobs is explaining that he felt that if he started directing black suvs to the commercial zone, that if it was Natives in the middle of a big contraband hit, that Mohawk security would be in a bad spot, possibly blamed.

10:05 am, Richard Jacobs is explaining that he works through Mohawk Council, under CBSA. Richard Jacobs is explaining that he felt the VACIS team put Mohawk Security ‘on the spot’, and that their was ‘no blitz’.  Richard Jacobs is explaining that he could intervene with Natives in secondary that give CBSA officers a problem, because Mohawk Security is peace officers.

10:08 am, Richard Jacobs is explaining that the Mohawk Security office is at the corner of the old CBSA building on Kawehnoke (Cornwall Island, Ontario).  Richard Jacobs agreed that Mohawk Security is for all people and not just Natives.

10:13 am, Richard Jacobs is explaining that when he was a Mohawk Security officer and CBSA asked for his assistance it was because they were nervous.  Richard Jacobs stated that CBSA never asked for the Mohawk Security to assist them on November 17 nor November 18th.

10:15 am, Richard Jacobs is explaining that he watched camera 3 and that they should have been recording the events, because they record 24 hours, 7 days a week.  Richard Jacobs is stating that their was no reason that the video camera would not have been recording, their were no power failures, their were no renovations, their was no reason for the cameras to not be recording.  Richard Jacobs is guessing that the cameras might have been installed about 3 years before 2005. Richard Jacobs is stating that he is not aware of any reason for the tapes to disfunction or not record properly.  Richard Jacobs just said that he never personally looked at the tapes.

10:20 am, Richard Jacobs is explaining that sometimes the tape recordings were subpoenaed by lawyers. He is pointing out where cameras were located on the CBSA building in 2005.  He thinks their might have been about 12 cameras in 2005 and today their are about 35 or more.

10:24 am, Richard Jacobs is explaining that when Mohawk Security was taping Fallan Davis with camera 3, that he  did not look at the other cameras, because he put the camera 3 on full screen.  Richard Jacobs is explaining that the front counter was probably also looking at the cameras and that they could also get different views (full screen from one camera, full screen from all cameras).  Richard Jacobs is explaining that many CBSA officers could view the camera livefeeds from many locations.

10:27 am, Richard Jacobs is stating that those cameras were recording and the tapes should exist.  Richard Jacobs is explaining that the VACIS team and officers that were digging around in Fallan’s car, caught everyone’s attention.  Usually only 2 officers dig around a vehicle.  Richard Jacobs recalls seeing 4 or 5 officers digging around Fallan’s car, so everyone thought they must have found something really big in Fallan’s vehicle.

10:30 am, Richard Jacobs is stating that is was very unusual, to see how the officers started going after Fallan Davis.  Alot of yelling, screaming, pointing their fingers right into her face, at least two officers (Kevin Sills) were in Fallan’s face.  Richard Jacobs, was shocked that Kevin Sills was behaving ‘like another person’, because Richard had never seen him like that.  normally Kevin Sills was polite with anyone else.  Richard Jacobs is explaining that Kevin Sills, was just out of it, going after Fallan Davis with alot of anger, his face right in Fallan’s face, Kevin Sills finger was right in Fallan’s face, while he screamed at her, that Kevin Sills was right in Fallan’s face. Richard thought it seemed like Fallan was trying to answer Kevin Sills questions and demands.  Richard Jacobs keeps saying, the tape will show all of this.

10:35 am, Richard Jacobs is explaining their were at least 3 monitors and controls total; 1 in security office, 1 in supervisor office, and  1 in front counter back in 2005 during Davis incident.  Richard Jacobs is explaining that most of the secondary checks were coming from the Indian Lane (p4 lane).  “We had a feeling, my partner and I, that they were going after, probably a Native, we weren’t sure, but most likely, and it turned out to be Natives”  because the blitz was done on black suvs in the Indian Lane

10:42 am, Richard Jacobs is explaining how travelers get to the secondary inspection.  Richard is explaining that even though they have a computer that picks out the travelers, it still seems like it’s usually Natives being put into the secondary inspection.  Richard Jacobs is explaining how Mohawk Security was concerned because it seemed like mostly Natives were being put into secondary inspection.

prior to november 18 2005, he does not remember seeing another vehicle being scanned by VACIS. He also remembers a dark grey/black vehcile, being scanned by VACIS after Fallan Davis. He does remember only commercial vehicles being scanned by the VACIS machine.

10:47 am, Richard Jacobs is stating, on May 31st 2009, someone (only CBSA officers were allowed in the locker room)  broke the lock on Richard Jacobs locker and stole his notebooks that referred to this incident with Teiohontathe Fallan Davis.

We are all going on a quick break until 11:00 am.

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

The Chair (Réjean Bélanger) is asking why the CBSA agency removed information from documents that Davis only received with ‘the information act’. Sean Gaudet is stuttering, waving his hand about, and explaining why it is ok for CBSA to withhold, tamper with, and even lose information. The Chair (Réjean Bélanger) said he is making a note of Sean Gaudet’s comments and Sean is looking towards his right in disgust.

3:15 pm, Helene is responding to a question about why a map of Akwesasne was put up by the men’s washroom. She said that CBSA did not explain why the map was up or why it was put up where it was.

Helene is answering Mr. Brian Smith’s questions about a two day aboriginal awareness session, during the time that she was a CBSA officer. She is talking about how she was dropped off at Jazz Magnolia in Cornwall Ontario for the aboriginal awareness session. She said she was sent home, after she pointed out misinformation, and the session continued to be provided to the rest of the CBSA officers.

3:28 pm, The Chair just asked Sean Gaudet if he will be done questioning Helene Oakes by 4:00 pm and everyone laughed. Sean is asking Helene for her birthday and her maiden name. She asked Sean Gaudet to explain how her maiden name is relevant, but answered anyway.

Sean is asking Helene about her marriage experience now. Helene questioned the relevance of her marriage experience. Sean Gaudet is asking if Helene’s husband took Helene’s oath yesterday, what is Helene’s husband’s connection with Akwesasne, and the marriage history of Helene and her husband.

The Chair told Sean Gaudet to move on. Sean just told Helene that she started as a clerk and Helene told Sean that she started as a secretary 2. Helene said she became a CBSA officer (BSO) in February 1999. Sean is asking Helene what her past career experience was with CBSA. August 2003, Helene became customs officer, after 3 months training in rideaux, and it included a diversity training (with jelly beans).

Sean Gaudet is asking Helene to verify all her previous statements. Helene is stating that she is not an expert on the Mohawk culture or community, and she considers herself a member of the Mohawk community. Helene is asking Sean Gaudet how the question is relevant to Fallan Davis? Sean Gaudet objected and the Chair is explaining that it sounds like Helene is trying to understand Sean Gaudet’s question.

Sean is saying that he just wants to know when the witness started feeling like she was a member of the Mohawk community. Helene stated “5 pm last night” very sternly. Sean is asking for the reason that Helene considers herself to be a member of the Mohawk community, does she live in the Akwesasne community, and has she ever lived in the Akwesasne community. Helene said “How is that relevant to this case’? The Chair is explaining to Sean Gaudet that he needs to explain why he is asking the questions.

Sean is explaining that he wants Helene to explain how she knows anything about the Akwesasne community. Sean Gaudet is telling the Chair that the evidence provided by the witness, is fabricated and he wants to expose her, by establishing background facts about the witness.

Sean is referring to a document that he never showed the Davis team, that he does not want to submit into evidence, but he wants to use it to prove that Helene is an incompetent liar? I am absolutely confused about why they are allowing Sean Gaudet to use documents that were never shown to Davis, even though Sean has absolutely objected to allowing Davis to use or submit evidence regarding how Lucinda Reading proves that CBSA maliciously destroyed or lost the audio video recordings from the Davis incident.

3:57 pm, Sean Gaudet is running Helene Oakes through his usual character assassination routine now.

4:02 pm, Sean Gaudet is insinuating that CBSA officers are trained to dance and pose in front of cameras, as part of a diffusion / confusion technique?

4:03 pm, Teiohontathe Fallan Davis is asking the Chair if he can help to get the tape, because CBSA is hiding the tape. The Chair wants to know why the audio video recordings from the Davis incident disappeared, who made the tapes disappear, and why did the tapes disappear?

Sean Gaudet is stating that CBSA will provide evidence… The Chair just said to Sean Gaudet again, ‘How come you don’t have the tapes’? Sean Gaudet is stating that he heard the Chair would keep an open mind and base his decision on the evidence provided.

Fallan Davis, also wants to note that the tape was asked for, and that CBSA responded with a written statement that said they never had any tapes and that CBSA never even signed the response.

Sean is asking the Tribunal to stop early again. Fallan is reminding Sean Gaudet that he previously agreed to go on until 5 pm each day. Sean Gaudet stated that he has to leave early, because he has another meeting that involves this Davis case. The Chair is allowing the Tribunal to end early at 4:45 pm again.

4:12 pm, everyone just went on a short break. Lucinda Reading is laughing with her assistant.

4:18 pm, everyone just returned from break. Sean Gaudet is asking Helene Oakes to describe how she questioned anyone and what kind of documents would she accept from anyone that went into the Indian Lane of the old CBSA checkpoint that was on Kawehno:ke (cornwall island, ontario) , at the time of the Davis incident in 2005. Helene is explaining that sometimes CBSA officers did not check identification from travelers that they recognized, based on each specific traveler, and each specific individual circumstance, of each individual that went through the Indian Lane from 1998 to 2008.

4:37 pm, Fallan Davis just noticed that the document that Sean Gaudet is referring to, is dated 2007 and that is not relevant because the Davis incident happened in 2005.

4:40 pm, Sean Gaudet is now referring Helene Oakes to the Akwesasne Remission Order. Helene is explaining how she was trained about the Remissions Order. She said that she was given a piece of paper with 5 questions on it and told to use that when questioning the Mohawks.

Helene is saying that the Remission Order is to respect the Jay Treaty, so that the Mohawks can bring goods to their reserve and use the goods on their reserve, while not being charged taxes.

Sean is now asking Helene to confirm the specific details about the Akwesasne Remission Order. Teiohontathe Fallan Davis just objected to Sean Gaudet’s use of the document, because it is from the Internet and not signed by the Mohawk Council. The Chair is stating that he is satisfied with the document. Sean said thanks to the chair and is asking Helene Oakes if she is familiar with the Remission Order again.

We are all adjourning until tomorrow morning now. Have a great night everyone.

Skennen ko:wa, Monica

2:15 pm Mr. Brian Smith is asking Helene Oakes some questions now. Helene is telling Mr. Brian Smith that it was a regular occurrence that the Indians were sent inside the CBSA building to be asked to comply with the remission order. Helene is explaining that officer Caparelli was standing in commercial part of cbsa building, then officer Kevin sills approached when Teiohontathe Fallan Davis was brought in during the incident in November 2005.

Helene is explaining that she wanted to deal with Teiohontathe Fallan Davis because she usually offered to help with anyone from the Akwesasne community. Helene is aware of certain aspects of how to deal with people from Akwesasne. Helene is explaining that she heard a comment about the Warrior Society from Teiohontathe Fallan Davis to officer Caparelli.

Helene heard Fallan say she was a Mohawk and that she does not pay taxes, to officer Caparelli. Then she heard Fallan say ‘I will call my lawyer. I will call the Warriors’. Helene said she felt that Fallan said the comment out of fear. Helene tried to explain that Warriors are not violent, to her peer CBSA officers and her superiors with CBSA, but she does not know what Warriors represent to the other CBSA officers.

Helene is saying that officer Caparelli just left, and that she stayed to help calm down Teiohontathe Fallan Davis. Helene is explaining that CBSA consensus is that ‘if you don’t declare it, you pay taxes and duty’. Helene is explaining that CBSA custom building had cameras running and recording activities inside the building (cells, offices, traffic counter), outside the CBSA building, in the commercial compound area, and other places.

2:28 pm, Helene is explaining a past conversation she had with Rod Hart at the time of the Davis incident. She said she thought the comments on the radio and video from the VACIS team were ridiculous, she phoned Rod Hart. Rod Hart told them to take the VACIS out of their, because he didn’t want an incident.

Helene is explaining that Rod Hart sounded more annoyed with the behavior of the VACIS team, than he was about Kim Hathaway taking photographs for the Phoenix newspaper. Helene said she never heard Fallan Davis, John Boots, Nancy Davis, Kim Hathaway make any threats of violence towards anyone.

Helene talked about how some of the CBSA agents and the VACIS team were just ‘Cranking Each Other Up’ to cause the newer CBSA agents to become fearful of the Mohawks. Helene is explaining that she understands the CBSA core values as not screaming or doing things to escalate issues with travelers. She said that CBSA directives state that they must state their Badge Number when asked. The VACIS team individual gave a false badge number ‘12345′ to Kim Hathaway, when he was asked for his badge number.

Helene is explaining that CBSA must tell a person why they are being arrested and that CBSA must follow the Human Rights Code. Helene is talking about how the CBSA gave some training about ‘racial profiling’, before 2005. She says that certain people and societies in the world carry baggage unfortunately, such as ‘asian mafia’, ‘motorcycle gangs’, and ‘russian mafia’ .

2:42 pm, Helene just said that she does not remember receiving any type of training, in regards to racial profiling from CBSA officers. Sean Gaudet just objected and interrupted Helene from answering ‘did CBSA provide any racial profile training’, even though Sean ‘does not know what Helene is going to say’. Helene is answering anyway now, but Sean Gaudet is interrupting again.

The Chair, Réjean Bélanger just asked the witness (Helene Oakes), Davis team, and Sean Gaudet’s legal team to see him in private. They left the room and the gallery is laughing loudly. I am sitting in the gallery and I can hear the witness and Gaudet angrily speaking in the next room.

2:54 pm, Lucinda Reading and her assistant just returned to their table. A few people in the public seating were overheard saying that they believe Lucinda Reading just sits in the tribunal each day, because she never wants to be called in as a witness for this tribunal. Lucinda’s name is on documents that Lucinda created herself, where she mentions the recordings from the Davis incident.

2:58 pm, Nicole Bacon just returned to tell us that they did not forget about us and they will all return in a few minutes.

If you are also a blogger, please do let me know if you write your own thoughts about this Human Rights Tribunal and we can exchange links. Davis vs. CBSA Human Rights Tribunal is helpful for all Indians, Chinese, Russian, Black, and every traveler imaginable.

I get a sense that the CBSA agents and border services officers, really do not comprehend what racial profiling is and the negative impact they are putting on any community that CBSA is forced onto. Helene Oakes and all ex-CBSA agents may provide a helpful view of how CBSA really needs to be held accountable and learn how to become humans with common decency.

I actually feel a little sympathy towards the CBSA agents that have been reduced to simple numbers now. Is it possible that when the CBSA officer demanded that I shut off my camera and tell him what my number is, that he really had no comprehension that I am Monica? Do you think it’s possible he does not understand that humans are not numerical robots, waiting for commands from anonymous greedy corporations?

This human rights tribunal is helping me to have a little more understanding of the cruel abusive CBSA agents that barricade our roads and bridges. Even with my new understanding and empathy, I have to say that I do not feel any safer, knowing that I have to stand up to the CBSA bullies and other military bullies, each and every time that I ever choose to return or leave my home for work, school, groceries, doctors, visiting with friends. Do hardened criminals in prison cells face interrogation, each and every time they leave or return to their cells? What is our crime, those of us in Akwesasne, other than just being born and existing as Onkwehonwe?

What is the crime of the Chinese travelers in buses enroute to the casino, other than just having a wad of spending money?

What is the crime of the Russian travelers, other than the CBSA viewing them as guilty until proven innocent of human trafficking activities?

Nicole just notified the Chair that her system needs a few minutes to reboot.  At 3:17 pm, Nicole’s system was running and everything is being recorded now.  Sean’s request was ignored and Dana is now interrogating Helene Oakes about her past grievance with CBSA.  Helene stated that she never had work conflicts prior to working with CBSA in Akwesasne.

Helene said that she worked with a lot of respectable CBSA agents that followed the core values.  She said that their was also a small handful of CBSA agents that do not follow the core values.  Sean Gaudet objected to Helene’s statement. The Chair argued that it is important to recognize that Helene views and acknowledges that not every CBSA agent is ‘bad’.

Sean Gaudet is objecting and arguing that it’s not relevant, to try and establish if the witness (former CBSA officer), noticed that the more experienced CBSA officers treated the public differently than the newer inexperienced CBSA officers.  The Chair has agreed to stop the question, because it is asking for an opinion.

Helene is talking about the unique location of Akwesasne.  The Chair is asking if the USA border has the same problems as CBSA.  Helene is telling the Chair that the USA border gets more training and is much more professional.  Teiohontathe Fallan Davis is telling the Chair how the USA border customs building even shows the two row wampum inside their building.  Helene is explaining the Two Row Wampum concept to the Chair.  Salt held up the Two Row Wampum from the gallery, and the Chair noticed him, because Salt has his Kastoweh and ribbon shirt on.

Sean Gaudet objected to Dana drawing a quick map of Akwesasne.  The Chair ignored his objection, so Dana is showing the commission what Akwesasne is like in regards to the borders and how we are able to leave and return from our homes. How we are each expected to ask permission from so many border agents, just to get groceries, go to doctor, school, or work.  Sean Gaudet objected to showing a map of Akwesasne, so Dana said she would bring a map tomorrow for him.

Helene is saying that traditionalists do not recognize the borders that were placed for USA and Canada.  The Chair stopped the question and said that the question is getting too far from the Davis incident.

Helene went on to state that the day of the Davis incident, it was a ‘blitz’ from CBSA. That means that CBSA is targetting a certain problem, such as drugs or counterfeit money.  Blitzes might be pre-arranged, like on November 18 2005, when the VACIS machine was put on Davis.  Helene said that she had never seen a VACIS machine used on a vehicle before, because it was for commercial trucks, as far as she knew.

The Chair asked Helene why would Davis be targetted?  Helene said that black suvs from the reserve were targetted that day and that target was determined a few days earlier.  Sometimes blitzes were done where the only targets were anyone that went to the ‘Indian Lane’.  Helene never heard of a blitz being done on only lanes that were not the ‘Indian Lane’.

4:12 pm, Helene stated that cameras are on the old cbsa building, on the bridges, and the video tape is subpenoed to the courts when incidents happen.  Helene said that she went into the mohawk security office on November 18th 2005 and she saw that ‘Oka , Richard Jacobs’ still had the security cameras on the commercial area, where the VACIS machine was used against Davis earlier.  Helene said they also had problems with cameras because the male officers were zooming the camera onto females inappropriately.  She said that even though their was many cameras, their was only one tape and she does not know what the other CBSA officers did with the video tape recording of the Davis incident.

Blitzes in regards to the Chinese buses that go across to the casino, are to find out if any currency or contraband issues are happening. The chair just asked Helene if it was ever discussed that targeting Chinese buses could be viewed as discriminatory or profiling.

4:23 pm, Helene stated that Kevin Sills (targeting agent) with VACIS from landsdown wanted to blitz ‘Black SUVs’ that go in the Indian Lane, on the day that CBSA abused Davis.  Helene said that the VACIS team rarely ever went to the Akwesasne CBSA port.

4:25 pm, we are taking break until 4:30, then go until 5 pm.   Sean Gaudet claims to have a meeting, so he can’t stay until 5 pm.

4:40 pm, Sean is trying to cross examine Helene now (out of his turn, disrupting her process).  Helene is telling how the procedure and policies work, in regards to the video tapes that CBSA recorded all around the CBSA building. She said that she saw Richard Jacobs was taping / recording the incident with Davis.  She could not beleive what she was hearing on the radio and watching on the cameras, it was disgusting how Davis was being treated.

4:45 pm Sean Gaudet is objecting to a document being used as evidence.  Davis said she had to get the document, from ‘access to information act’ because it was never disclosed.  The document is created by Lucinda Reading and refers to ‘the tape’ that CBSA recorded of the Davis incident in 2005.

The chair is stopping today’s tribunal and stated we will start back up tomorrow morning at 9:30 am.

Sean Gaudet is objecting that Joyce King be allowed to testify as a witness.  His objections sound like another stall tactic.  Sean stated that the ‘essence of the Joyce King affidavit’ is not relevant to the Davis vs CBSA Human Rights Tribunal and that it’s just all heresay evidence from Joyce King.  Sean’s third argument is that Joyce King was listed as witness to testify about other complaints against CBSA

Sean Gaudet is argueing that Larry King’s affidavit is also not relevant to the incident regarding Davis vs. CBSA, because it refers to political elements between CBSA and residents of Akwesasne.  Sean stated that Larry King’s affidavit is also just hearsay.

The Chair asked for comments from Mr. Brian Smith. Mr. Smith said that Joyce King’s affidavit does not describe any detail about past misconduct from CBSA, and it only tells about number of complaints.  He reminded tribunal in Human Rights case, is their any breach of law with interactions of respondent and complainant.  If yes, next stage is to find appropriate remedy.  We’ve already heard from human rights commission that if breach is found, then they request change in policies to help stop similar breaches from occurring in future.

Mr Smith stated that Joyce King’s statements may be helpful for deciding on remedies for past breaches, so her statements may be relevant.  Mr. Smith also stated that Larry King’s statements may also be helpful in regards to talking about another witness, Lance Markel regarding specific incidents in CBSA.  The relevance of witnesses should be equally applicable from both sides respondent and defendant. Someone just whispered from the public seating, ‘that Markel is a lying son of a …’.

Kakwerais reminded the Chair and human rights comission that she can not surmise what Joyce King might say during testimony, but she should be allowed to testify. Larry King should be allowed to testify, because his portfolio was to deal with CBSA as a long-time leader in the community.  Larry is well aware of the CBSA, because he has been sitting at table with CBSA for longer than 2005.  Lance Markel also put non relevant incidents in the affidavit as a witness for CBSA.

Kakwerais went on to say that “Whats good for the goose is good for the gander”.  She reminded everyone that they aren’t lawyers and they are just trying to help make sure the truth will be heard, so something can be decided to protect the human rights of our people.  Teiohontathe Fall Davis, also reminded the Chair and Commision, that Maurice Soicier does not even have an affidavit, Todd Smart does not , Dennis Demeers does not,  Kevin Sills does not, Mike Gallovoles does not and most of the CBSA witnesses, have never provided affidavits.

2:00 pm The Chair said that all the missing affidavits from the CBSA witnesses, are not to be dealt with at this time. Joyce and Larry King is relevant and will be allowed to testify.

Sean is making demands now, he just said that he assumes Joyce King is a liar.  Sean wants to see all the past complaints, including 46 from January 2009.  Fallan asked if its possible to black out the complainants names, so they don’t worry about retaliation from CBSA.

Chair stated he does not want to see all the past complaints.    If Joyce does not bring complaints, or even if she submits them as evidence, they wont have much weight.   Chair still wants to know if their is a problem, starting with Davis. Is it the sole complaint filed by the community?  If their is a problem, the Chair would like to know.  Then if a problem is found, both parties sit down and come up with solutions.  The chair said that he is not ready to study 46 complaints from January.

Sean said he does not know how he can cross examine without seeing complaints.  Chair stated he wants to weigh the evidence, even weak hearsay.  Sean stated his ‘final word’ on Joyce King’s affidavit could not have been done on memory. In terms of disclosure obligations they never provided the 46 past complaints and in all fairness….

It’s 2:05 pm and the chair just called in the next witness, Helene Oakes.  She is being sworn in with wampum and eagle feather.

Kakwerais is interrogating Helene now.  Helene was a CBSA officer from dec 1993 until sept 2008.  The training from CBSA never referred to the beliefs of the Indians along the border, except for some jelly bean training. The teacher put white jelly beans in the jar of red jelly beans and asked the CBSA agents how the red jelly beans felt.  Alot of people got upset with it, so they stopped the training – cultural diversified training.

Helene asked Rod Hart (chief of operations), Lance Markell (chief), Debbie Zion (director), Richard Comafords (regional director), for cultural sensitivity training for CBSA officers many times in the past, but her request was tossed aside with excuses about ‘relevance’, ‘no money’ and ‘no time’ for such training.

Helene stated that cooperation, integrity, respect, professionalism are the 4 core values of a CBSA custom officer. The chair asked Helene to explain her understanding of the core values.  Helene explained that their is no need to be a bully to the public, even if that person had been arrested before.  Helene also explained that every public servant swears allegiance to public service policies and laws.

Helene stated that after the Davis incident, a gentleman from New Brunswick provided aboriginal training that was full of misinformation about the Mohawks.  The trainer did not have any experience with aboriginals.  Helene brought the misinformation to the attention of Rod Hart, so they did not allow her to attend the training.    The chair asked Helene who should provide the training. Helene said that Mohawks from Akwesasne should provide the cultural sensitivity training.

Helene was suspended, under section 107 of customs act, after telling Rod Hart that the cultural sensitivity training was full of misinformation.  Mohawks from Akwesasne offered to provide training and answer any question of the CBSA, and Mr. Rod Hart said  that the Mohawks from Akwesasne are Ir Relevant in regards to providing cultural sensitivity training!

Sean Gaudet objected to any question about the feelings of CBSA agents after they received the misinformed cultural training.  Helene said that the CBSA agents were just happy to get paid overtime for the training and they seemed agitated by the banshee screaming from one of the cultural sensitivity trainers.  When Helene and her husband submitted a corrected training agenda, the CBSA responded by discharging Helene.

We are breaking now at 2:56 pm until 3:10 pm.

10:31 am, Sean Gaudet’s questions focused on the ownership of the Boots properties, his past role with the Warrior Society, his views of the LongHouse, Mohawk Nation, and Mohawk Tribal Council.  Sean questioned how close the Boots home is to the old CBSA building.  Then Sean asked Boots, how many times did John Boots go to CBSA building to help verify identity of Indians being detained by CBSA (Boots had been doing so since the 1960s until present day), how did John Boots know to go to the customs building to help, did John work alone or with others, what or how did John help to un-detain the Indians, details of border incidents with CBSA, details about Jay Treaty, details about remission order, is John Boots aware of the remission order, are members of Akwesasne responsible for paying duties and taxes, details about many other incidents with CBSA in Kawehnoke regarding CBSA imprisoning Indians 4 hours or more at a time in locked cells. 

At 10:59 am, Sean Gaudet started asking why so many Indians show up at CBSA building when the CBSA imprisons Indians in cells for hours, with no reason to arrest.  Sean asked if John Boots advocated for the removal of the CBSA building on Kawehnoke.  Then Sean asked John Boots to remember what he said in a movie called ‘This is Indian Land’.  John Boots said he probably spoke, but he did not give a speech, and that he had not seen the movie in a long time, so he could not answer about what he said in the movie. 

11:05 am, Sean asked John Boots, if the Mike Mitchell that is in the movie, is the same Mike Mitchell that brought in the Akwesasne Remission Order.  The chair reminded Sean Gaudet that he can go ahead and question John Boots credibility, but to remember that a person certainly has the right to change his mind 40 years after any past statement that John Boots may have said in the movie ‘This is Indian Land’.

11:10 am, Sean asked if John Boots would prefer to Not have the border crossing on Indian Land.  John stated that it was just their (the border).  Sean asked if the Davis family is friends with John Boots.  At this point, Sean Gaudet is asking all the same questions that he asked the first few hours that he interrogated John Boots, two fridays ago.  The public seems to be feeling annoyed with having to listen to the same questions over and over again.  Many are shaking their heads and disgusted by Sean Gaudet.  I am a little bored and trying to stop daydreaming now. 

Doh! Sean Gaudet just asked if ‘Island Road’ on Kawehnoke (cornwall island, ontario) is ‘like the country’?  I don’t know what that statement meant, but it sure seems like alot of ugly political poo poo is oozing out of Sean Gaudet right now.  John Boots is using a pencil and showing Sean Gaudet where he parked during the Davis incident in 2005, on a map.  John Boots allready did all that during the last Tribunal meeting, two fridays ago, so many people in the public seating are getting fidgety and agitated again.   Lucinda Reading and her assistant are looking at the map, while sitting behind Sean Gaudet. 

Sean asked John Boots what he observed that day, but when John stated that he saw CBSA agents yelling at Davis, Sean Gaudet interrupted John Boots from telling details.  Sean wanted to know the exact amount of minutes that John Boots watched the CBSA agents yell at Teiohontathe Fallan Davis, in November 2005.  It’s 11:24 am and Sean is still asking the same questions and trying to speak for John Boots and trying to trick John Boots into saying that he was never able to see the CBSA agents faces.  Sean Gaudet stated that ‘John Boots previously stated that the CBSA agents were wearing masks.’  Some of the public, burst out laughing.  So, Sean Gaudet asked the Chair to tell the ‘gallery’ to please be quiet because our noises are disrupting his flow.

11:38 am, Sean just burst out to John Boots “Today, you don’t remember speaking with Ms. Davis in 2005?’, after John Boots mentioned that he does not trust his memory totally because so many years have passed since the time he witnessed the CBSA agents abuse her.  The Chair just reminded Sean Gaudet that he just repeated the same question 4 times, perhaps Sean does not actually need a few more hours to interogate the witness.  Sean said that he only needs another half hour to interrogate John Boots further. 

It’s 11:49 am, and Sean Gaudet is still asking the same questions from John Boots.  Sean asked if Kim Hathaway from Akwesasne Phoenix was also present during the incident in 2005.  John Boots gave the same answer as the 10+ other times he was asked.  It’s 11:54 am and it still looks like Sean Gaudet is just stalling for time with John Boots, because he keeps asking the same questions over and over again. 

Sean’s questions towards John Boots, have proven to me, that it’s a shame that so much time passes while ignoring the mountain of hundreds of abusive incidents that happen to Indians (and others) from abusive CBSA agents.

It’s 12:01 pm and Sean Gaudet is questioning who John Boots had write his statement for him, back in 2005.  John Boots keeps reminding Sean Gaudet that he doesn’t remember full details about 2005.  John seems tired and he does not hear too well either.  I am getting the impression that Sean Gaudet is trying to physically and mentally wear down John Boots at this point.  Sean is demanding to know what color clothes did others wear back in 2005.  It really seems like John Boots is very tired and trying very hard to get through Sean Gaudet’s trickery.  One trick, is that Sean Gaudet is demanding that John Boots answer questions about a document that he has not seen since 2005.

Sean is demanding that John Boots past statement (last seen in 2005) be thrown out of court.  Sean asked why didn’t John Boots just write the whole statement himself.  John Boots stated that the whole statement should be referred too, even though he was not able to review it or look at it, before being interrogated about it.

Lesson Learned:  If we are ever called to be a witness in any court, always demand to be given time to look over any document we are interrogated about.  Also, if the document was never seen before, last seen more than 5 years ago, older than 10 years, remember to clearly state that. 

I realize that Sean Gaudet is trying to get the written statement removed as evidence.  I am hoping that the Chair sees the value of the written statement, since it was created so close to the actual date of the event in question.  The document should have the most weight, even more weight than any statements taken or created, over 5 years later.

It’s 12:18 now and everyone is quietly looking over the document.  Sean said he is done questioning now.  Mr. Smith has no questions.  Teiohontathe Fallan Davis has a few questions for John Boots, regarding the picture of the map.  She asked if Lucinda Reading ever questioned John Boots as part of a fact-finding mission.  Lucinda waved and smiled to John Boots.

We are leaving for lunch and will return to Tribunal at 1:30 this afternoon.  Helen Oakes is scheduled to testify.

We all barely arrived at the Davis vs. CBSA Human Rights Tribunal in time, before the chair was going to cancel.  When we got to the CBSA barracade at the north edge of our bridge from Kawehnoke (cornwall island ontario), the CBSA agents took out a yellow form and demanded that we drive over to their detainment trailer and wait for them to let us continue to our destination (Tribunal).

The CBSA agents were rude as usual, and one (#16279) shook his head and mumbled ‘unbeleivable’ when I kept my camera out and rolling.  Another CBSA agent (#) demanded that I shut my camera off and I had to remind him that I am in a public place, so he left me alone after he realized that others know about the laws that CBSA tries to break.  Then the CBSA agent cited that he had to interrogate us about our births, ids, place of births, residence because of the Immigration & Refugee Act.  His CBSA partner, laughed, butted into the conversation and said it was important for us to know that it was the ‘Refugee Protection Act’.  We told them again and again that we are not refugees, nor are we immigrants.

I will write more details later and show the video of the incident later.  I am sitting in the Human Rights Tribunal now, so will share more later.  Sean Gaudet is stalling for time as usual right now.  He tried a few more weak attempts and provided weak excuses stating why he does not want any of Davis witnesses to be allowed to speak at the Tribunal.  Right now Sean Gaudet is questioning who the owners are of the Boots home, and trying to prove that stories from the Standard Freeholder are complete truth, in regards to ‘Warrior Society’.

More Later.  We made it safely and peacefully to the Nav Can Center today

My previous posts about the events are also found online at “CBSA stopped tribunal by arresting Davis for roaming freely around Akwesasne” and “Davis vs. CBSA human rights tribunal stopped again by the CBSA“. Another good video to watch, so that you can get a good idea of how the C.B.S.A. is trying to force Katenies, the Davis family, and all Onkwehonwe to become ‘Canadian tax payers’ can be found online and is titled “Court Ignores Mohawk Jurisdiction, by Lia Tara“. It’s interesting to note that the video shows Katenies at the cornwall court house, more than a year ago.

I have to question why the C.B.S.A. and the Crown waited for more than a year, to chain – imprison and try to force Katenies to be held under the British Crown?  Onkwehonwe are not Canadians nor are we British!  Why did the C.B.S.A. and Crown choose to imprison Katenies, stopping her from attending the Davis vs. Human Rights Tribunal?  Why did the CBSA refuse to tell us why they  arrested Katenies on thursday December 3 2009?  When did the CBSA get authority to arrest Katenies and any Onkwehonwe for roaming freely around Akwesasne?

When ‘Show and Tell’ involves C.B.S.A.  and government agents that assume their activities are secret, it tends to look like a scene from a prison camp dictatorship.  The photos, audio and video that were recorded, while the C.B.S.A. harassed us, lied to us, and imprisoned Katenies has been sent to many safe locations and it is available from AkwesasneWomensFire.com.

Not one of us are criminals, our only ‘crime’ according to CBSA and the Canada corporation, is that we choose to roam freely around Akwesasne, our homelands, the Americos Empire.

You can listen to what everyone said for yourself, by clicking the audio links next to each picture ( I will post asap ).  CBSA trailer also has cameras and they record everything inside their trailer and the CBSA barricade on Brookdale avenue at the north edge of the bridge. Historically, the CBSA mysteriously lose or damage their own recordings, each time they abuse anyone though.  That is why everyone is encouraged to record and document everything they encounter at all times.

This first photo is a young man that claimed to be a C.B.S.A. agent.  He was wearing a gun, weapons, vest, black uniform while he ‘processed my ID’ in the CBSA trailer next to Hieberts restaurant, on Brookdale Avenue in Cornwall Ontario.  He told me that he does not have to wear a badge number when I asked him what his badge number was.  He laughed and scoffed at my question, carried my ID card to a desk.  He wrote notes about my ID card, then took it over to a copy machine.

His superior (#16210) also backed up the anonymous CBSA agent’s statements by telling me that hiding badge numbers was an ‘internal matter’ that did not concern me.  I kept questioning both of them and they both laughed at me.  They insisted that they are not required to wear nor show their badge numbers at any time.

I stepped out of the CBSA trailer and requested more cameras to go inside with me, to find out the badge number of the CBSA agent.  The slimy behavior of the CBSA agents (today and in the past), give me cause to be alarmed that they plan to abuse their position at any time.

When I returned with cameras,  the anonymous CBSA agent ran into the back room of the CBSA trailer and tried to quickly put a badge number on his uniform.  He returned to me and my camera, smiling.  He  tried to place a badge number on my camera lens.   The new badge number he produced, was  #20372, but his actions give me reason to never trust him or his superiors.

CBSA agent # 16210 stated again that the badge numbers are not required, an internal matter, and did not concern us.  I stated that I do not believe anything that liars say to me and their was now no way for me to know if that new badge number even belonged to the anonymous CBSA agent. Here is a photo of the CBSA agent that claimed he is never required to show or tell what his badge number is (while he is carrying a gun too!).

CBSA agent refused to wear or show his badge number, while wearing gun, weapons, taking my ID card away and making copies. (maybe #20372)

CBSA agent refused to wear or show his badge number, while wearing gun, weapons, taking my ID card away and making copies. (maybe #20372) Thursday Morning Dec. 3, 2009 Cornwall Ontario.

CBSA agent refused to wear or show his badge number, while wearing gun, weapons, taking my ID card away and making copies. (maybe #20372) Thursday Morning Dec. 3, 2009 Cornwall Ontario.

Here are photos of the CBSA agent that claimed to be the superior of the above CBSA agent.  The following CBSA agent (# ) is the one that told me that they never have to wear or show their badge numbers to any of us, while they are in uniform, carrying firearms, and imprisoning any of us.  He also refused to say why he chained and imprisoned Katenies.  Then he stated that he did not know why he arrested Katenies.  Then he stated that he can arrest anyone at any time.

CBSA agent #16210, telling me that they can hide badge numbers anytime they choose. Thursday Morning Dec. 3, 2009 Cornwall Ontario.

CBSA agent #16210, telling me that they can hide badge numbers anytime they choose. Thursday Morning Dec. 3, 2009 Cornwall Ontario.

CBSA agent #16210, telling me that they can hide badge numbers anytime they choose. Thursday Morning Dec. 3, 2009 Cornwall Ontario.

Katenies was chained and imprisoned in a room, in the CBSA trailer. The CBSA agents in the trailer, were overheard talking about how Lucinda Reading and Sean Gaudet setup a ‘lookout synopsis’ the day before, as part of their plan to stop Davis from attending the Davis vs. CBSA Human Rights Tribunal. Katenies was denied communication with anyone. CBSA and the Crown tried to force their own Canadian lawyer onto Katenies and her family. The Crown denied Katenies the ability to speak for herself and now they threaten to imprison and hide Katenies until March 2010. Teihontathe Fallan Davis continues to attend the Human Rights Tribunal, even while her mother Katenies is being imprisoned, hidden, and silenced by CBSA, the Crown, and the dictatorship that I know as Canada corporation.

I noticed that the USA border has erected a new metal barracade on the north edge of the bridge to Kawehno:ke, in the past few days. I wonder if the elders fears will come true, when they say the corporations of USA and Canada will imprison all Onkwehonwe?

• C.B.S.A. = Canadian Border Services Agency.  A Canadian Union.  Note that CBSA duties do not state that they decide when Onkwehonwe are ‘allowed’ to leave and return from our homes around Akwesasne!
• Maps of Akwesasne.

According to the CHRC website, “the Commission works with service providers, individuals, unions, governmental and non-governmental organizations, and provincial and territorial human rights bodies to foster understanding and commitment to achieving a society where human rights are respected in everyday practices.”

Internationally, the Commission’s strong leadership role includes chairing the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights, within the United Nations. The CHRC Organizational Chart can be viewed online at http://www.chrc-ccdp.ca/about/organizational_chart_organigramme-en.asp

In 1977, Parliament passed the Canadian Human Rights Act. The Commission began its work in 1978. The purpose of the Act is to ensure equality of opportunity and freedom from discrimination in federal jurisdiction. The idea behind the Act is that people will not be placed at a disadvantage because of their age, sex, race or any other ground covered by the Act. That is discrimination and is against the Canadian law.

Who is Protected by the Act? Who is Governed by It?

Since 2006, the C.B.S.A. legal team has practiced slimy tactics in response to Davis wanting an inquiry with the Human Rights Tribunal. C.B.S.A. continues the following tactics during the Human Rights Tribunal:

• attempted to deny the request for a Human Rights Tribunal, 4 times, citing relevance.
• attempt to prove that Davis was not receiving services.
• attempt to prove that Davis can not be ‘Lawfully present in Canada’.
• attempt to prove that Davis can not be ‘legally entitled to return to Canada’.
• details online at http://www.chrc-ccdp.ca/discrimination/federally_regulated-en.asp
• attempt to discredit Davis’s health in regards to physical, emotional, mental, and spiritual.
• questioned where Davis finds support to maintain her health.
• attempt to discredit and prove that Davis is not fit to represent and speak for herself around C.B.S.A.

At one point, during the Human Rights Tribunal, Sean Gaudet (C.B.S.A. lawyer) kept speaking about and referring to a document that was in the French language.  Mr. Gaudet continued speaking in French, then demanding a ‘yes’ or ‘no’ answer from Davis, even while it was very apparent that Davis does not speak nor understand the French language.  That was just one slimy trick that slithered out of his lawyer sleeve.

Another slimy tactic that Sean Gaudet tried with that same French language document, was in regards to Davis medical lab results.  The medical lab results were in regards to standard PAP Smear tests that all females are familiar with.  At one point, Sean Gaudet loudly proclaimed into his microphone that the medical lab result document mentioned a sexually transmitted disease, but he stopped at that point.  The way Sean Gaudet referred to the sexually transmitted disease, insinuated that Davis may have that sexually transmitted disease.

The Human Rights Commission angrily spoke out and stated that, as a matter of fact, Davis’s medical records stated that she did not have any sexually transmitted diseases!  If the Chair had not spoken out at that point, Sean Gaudet’s insinuation that Davis had sexually transmitted diseases would have been forever recorded in the audio, unchecked.

It’s been very difficult for me to quietly watch the Human Rights Tribunal, because I feel that Davis is being further abused by a team of slimy fork-tongued monsters.  Sometimes I want to stand up and yell at them to stop being so racist and hateful.  I quietly listen, watch, think, and document everything though.  While my protective instincts tell me to stand up, yell, and scare the monsters away, I find a way to remember that The Great Law prevails and Onkwehonwe wish for the truth to be known.  I don’t know how my friends do it, but they do still have faith that love, peace, and righteousness will create a respectful friendship.

I personally find it disturbing, how the C.B.S.A badgers and verbally abuses the witnesses during this Human Rights Tribunal.  If you had a chance to be heard by the Human Rights Commission, how would you prepare yourself for further abuse from C.B.S.A. ?

When we got to the C.B.S.A. blockade and told the C.B.S.A. agents that we were on our way to the Human Rights Tribunal, the C.B.S.A. agents chose to escalate the event into a verbally violent confrontation.  They quickly surrounded our vehicle, put on their black leather gloves and started barking orders at us and accusing us of various negative actions, from every side.

Luckily, we found our cameras and shot video and pictures of the incident.  Our cameras seemed to help the C.B.S.A. agents to back off a little from us.  Those videos and pictures will be available to the public very soon.

The C.B.S.A. agents forced Katenies into handcuffs and took her away from us.  The C.B.S.A. agents refused to tell us why they were kidnapping Katenies.  We followed the C.B.S.A. vehicle over to their fenced in compound, next to Hieberts Restaurant and the traffic circle on Brookdale Avenue.  The C.B.S.A. agents knew that Katenies is part of Teiohontathe Fallan Davis support team in the Human Rights Tribunal.  We could not allow Katenies to be kidnapped, cuffed, and taken away by the same people that are known to violate the Human Rights of Katenies and her daughter Teiohontathe.   They had physically beaten Katenies a few years ago and that abuse has also gone unchecked.  In fact, C.B.S.A. continues to try and escalate that abusive event.

It’s important to note that C.B.S.A. had already been in federal courts with Katenies and had seen Katenies travel around Akwesasne for many years, prior to this date of the Human Rights Tribunal.  C.B.S.A. was allready found to have no jurisdiction over Katenies and her right to roam at large, travel freely, and exist as an Onkwehonwe woman.

Why did C.B.S.A. agents choose to ‘arrest’ Katenies in the middle of the Human Rights Tribunal?  The very same Human Rights Tribunal that C.B.S.A. tried to stop 4 times in the past already?

One of the recent reasons that C.B.S.A. used as an excuse to stop the Human Rights Tribunal, was that their lawyer Gaudet had a close relative that was sick from a flu virus.  C.B.S.A. stated that they only want that one lawyer to move forward for them.  Yet, it has become a known fact that Gaudet was actually working on this case, during the time he claimed he was so distraught over a family illness.  Davis and her support, continue to give compassion and patience to C.B.S.A. even as C.B.S.A. chooses to abuse their position, every step of the way.

As I witness the patience and compassion from Katenies and Teiohontathe Davis, while they endure year after year of abuse from C.B.S.A. and their union agents, I am reminded of The Great Law and how it works every day.

Some of our group, overheard the C.B.S.A. agents discuss how Sean Gaudet and Lucinda Reading created a ‘LookOut Synopsis’ the night before, as a tactic to stop Katenies from being able to support her daughter Teiohontathe for the rest of the Human Rights Tribunal.  If C.B.S.A. has nothing to hide, why are they now in their 5th slimy attempt to stop the Human Rights Tribunal from hearing the voices of Katenies and her daughter Teiohontathe?

I wrote about this incident earlier and you can find that post at http://www.akwesasnewomensfire.com/government/davis-vs-c-b-s-a-agents-stop-human-rights-tribunal-again/

Another incident during that day, that I did not have the opportunity to mention yet, is when we all arrived at the Bail Court in Cornwall Ontario.  When we first arrived to the building, we were all in a hallway looking for the Bail Court room.  A crown prosecutor, (Lahaie?) suddenly bursts out laughing, smiles and states with glee,  to her friend ‘Did you hear who they just brought in? Janet Davis!’.  The prosecutor’s friend recognized one of us in the hallway and tried to gesture to the prosecutor to shut up.  Now, I have learned why the crown prosecutor in cornwall ontario also has such an ugly unprofessional reputation as being one of the most racist anti-Onkwehonwe groups around.  Later that day, I saw that same gleeful unprofessional prosecutor stand up in front of what she calls ‘your worship’ (the judge?) and state that she wants at least 3 hours to work on Davis bail hearing.  They refused to hear the case that day and they refused to provide any papers, documents, or to even tell Katenies family what the charges were and why they handcuffed her and imprisoned her.

So far, C.B.S.A.  and the crown have refused to allow Katenies to have any contact or communication with any of her family, friends, and supporters.  The crown is trying to force their own lawyer to speak for Katenies.  Katenies has been in federal courts many times and won, why is this little bail court trying to silence Katenies and force her under their plans and language?

Even the lawyer that claimed she works for the general public refused to help Katenies family, daughter, and friends to receive any paperwork of any type that could help us to know why the crown was chaining and imprisoning Katenies.  The (judge?) refused to hear Katenies and stated that he will never hear her case, for as long as she does not allow the crown to give her a lawyer.

Of course Katenies did speak out, she demanded that they let her go now,  and she refused to allow any of the strange court people to force their ugly plans onto her and her family.

So much is going on this week and I am posting as fast as I can.  We always have lots of photos and videos of everything, I will post those as soon as I get more time in the next few days.  My final comment for now, is that all I witness in this life, causes me to firmly beleive that I can never allow the british corporations (USA, Canada) that consistently breaks its own ‘laws’ to ever represent me or any of my loved ones.

update:  I found these photos showing that Katenies was at the Court house in 2008. I have to question again, why did the C.B.S.A. choose to perform a ‘lookout synopsis’ to stop Katenies from helping in this Human Rights Tribunal? C.B.S.A. barracades have been around Akwesasne for some time now and they know Katenies and her daughter travel freely around Akwesasne, for all their lives.  Why did the C.B.S.A. choose to forcefully chain and imprison Katenies while she was on her way to the Human Rights Tribunal?  Oh, I get it, let’s take the attention off the Human Rights Tribunal itself.  This also looks like a tactic to take the attention off the fact that C.B.S.A. physically beat down the grandmother and wiped her all over the concrete, because they are angry that she roams at large around her own lands!

Have you ever heard of a court where they imprison someone, refuse to state why they imprison, refuse to allow anyone to speak, and try to force their own bully voice to become the representative of the one they imprison?  This stuff reminds me of the spanish inquisition days!

This morning, we all gathered in the same vehicle to go attend the Human Rights Tribunal together.  We were all laughing and appreciated driving by the sign at the crossroads that read ‘We Love You Fallan and We Support You’.  The sign was up at the Crossroads, the only road leading north out of Kawehno:ke, so everyone in our community will see it when we travel north from our homes. 

We were happy that the vehicle line-up on the bridge was very short, so we actually did not have to wait for long to get to the C.B.S.A. blockade on Brookdale Avenue in Cornwall Ontario.  I was feeling happy to know that Teiohontathe Fallan was scheduled to only endure 30 more minutes of abusive interrogation. 

When we pulled up to the C.B.S.A. blockade, the agents recognized all of us right away.  Today was different, because for the past few months, the same agents never asked any of us for identification when we passed through.  They asked us where we were coming from.  We told the C.B.S.A. agents that we were on our way to the Human Rights Tribunal.  She asked for all of us to provide identification.  Some of our team are not members or citizens of Canada, USA, Mohawks, nor Akwesasne.  The C.B.S.A. agent said that she will not accept their identification cards, and we responded by yelling ‘We will Never carry your government IDs, Never!’. 

Suddenly, more C.B.S.A. agents drove up and parked their vehicle in front of ours.  More C.B.S.A. agents approached every side of our vehicle, and some were putting black leather gloves on.  One or two started barking orders at our driver, yelling at her, accusing her of derogatory activities.  She got out of the car and tried to help him calm down.  I was sitting behind our driver and I asked the C.B.S.A. agents why they were trying to escalate issues with us.

More C.B.S.A. agents approached the left side of our vehicle and demanded that ‘Janet Davis’ get out of our vehicle now.  We asked them why and they would not answer us.  More C.B.S.A. agents gathered around the back of our vehicle with our driver.  The C.B.S.A. agent stayed sitting inside their tiny booth, and he turned his back towards us when our cameras pointed towards him. 

The C.B.S.A. agents drove Katenies over to their small trailer in a fenced in compound, next to Hiebert’s restaurant.  We followed them over and asked them why they were arresting Katenies.  The C.B.S.A. agentt #16210 stated that he did not know why he took Katenies away from us.  He also stated that he will not provide form E67 nor any information, nor any documents about why he put Katenies in a holding room

Another C.B.S.A. agent did not have a badge number on, so I asked him what his badge number is.  He scoffed at me and said he does not have to wear his badge number.  His superior (#16210) stated that hiding their badge numbers is ‘an internal matter’ and that I should not be concerned.  The C.B.S.A. agent with no badge number, scoffed again and went back to writing in his notebook while he looked over my identification card.  He was in a black uniform and wore a gun.

I went outside and got a camera and returned to the C.B.S.A. trailer with more of our group.  More of us asked again why they are not wearing their badge numbers and #16210 stated again that its an internal matter and that they don’t have to wear their badge numbers.  We pointed our cameras at them, and the C.B.S.A. agent (that previously refused to wear his badge number), ran into a back room and grabbed a badge number (#20372).  He walked back to me, while putting a badge number on, then he took it back off and held it in front of our cameras smiling.  I have to wonder if that was even his real badge number.

Luckily, someone was able to phone the Human Rights Tribunal Commision and let them know that we were not able to attend the planned Tribunal, because C.B.S.A. was holding us up, refusing to state why they put Katenies in handcuffs and took her away to Bail Court.

We followed them to the Bail Court in Cornwall and waited from the morning until 4:15pm.  They finally brought Katenies out to the Bail Court room and refused to let her go.  The judge threatened to hold her until she agreed to get a lawyer.  He stated that he did not want to hear her case, because their Crown Prosecutor wanted to spend at least 3 hours working on Katenies.

The last time C.B.S.A. got this Human Rights Tribunal cancelled, it was because Teiohontathe Fallan Davis chose to beleive that C.B.S.A. lawyer, Sean Goudet needed to take time off, because he stated that his close family member had a serious illness.  How many more tricks will C.B.S.A. pull out of their bag, as an attempt to stop this Human Rights Tribunal from being heard?

When Davis answers Gaudet’s repeated questions, Gaudet often responds by raising his eyebrows, rapidly shaking his leg, and bobbing his head around with anger.  In other court proceedings that I’ve witnessed in the past, Gaudet’s type of behavior is usually referred to as ‘badgering a witness’ and ‘leading a witness’.  Today, everyone is patiently explaining to Gaudet that Davis’s witnesses have been waiting in the hallway for 3 days. 

Many are worried that Gaudet is just stalling for time and trying to make it impossible for Davis’s witnesses to testify.  Even though Gaudet (C.B.S.A. lawyer) are doing all they can think of, to deny certain documents from being entered in as evidence, Gaudet was allowed to enter new documents as evidence (documents that were never submitted or mentioned before).  At one point, Gaudet’s assistant did not provide copies of their new evidence to Davis’s team, even after the Human Rights Commission told them to provide copies for everyone.  Gaudet’s assistant went to make copies, then returned with only one copy (not enough to share with all).

I’ve been sitting here at the Human Rights Tribunal since 9am this morning and it is 3:35pm now.  Gaudet has been asking Davis, the same questions as yesterday, over and over again so far.  I will post more updates later tonight.

Teiohontathe Davis provided the first witness statement and she was interrogated by Katenies and Kakwerais.  Teiohontathe talked about the experience she had on November 18th, 2005 in her community, when Canadian Border Services Agents decided to lead her vehicle into a huge mobile X-Ray machine.  The X-Ray machine is called a VACIS (Vehicle and Cargo Inspection System (gamma-ray imaging system made by Science Applications International Corporation (SAIC)) and it emits gamma rays through 6 inches of metal.

Teiohontathe provided details about why she felt terrified and abused when the C.B.S.A. agents demanded that she drive her vehicle up to a red Danger sign and underneath a large X-Ray machine arm.  Teiohontathe had reason to beleive that she was being racially profiled and may be one of the first to be forced to drive into a commercial X-Ray machine.  She was scared and wondered why the C.B.S.A. agents ran out to her vehicle and demanded that she drive away from everyone and behind a building, where she would be hidden from public view.  That was not a normal procedure.

Teiohontathe frequently travelled through the C.B.S.A. checkpoint an average of 12 times per day, to go to work, grocery shop, bring her children to school and other activities.  The C.B.S.A. agent usually was not so nervous before, November 18th 2005.  The C.B.S.A. agent acted nervous and refused to answer Teiohontathe’s questions.  They forced Teiohontathe to put herself and her unborn child next to a massive commercial gamma-ray imaging system, not once, but Three Times!   The once-friendly C.B.S.A. agent, was avoiding eye contact, refusing to answer her questions, and his nervous demeanor caused Teiohontathe to phone her grandmother to ask for help.

It was very cold that day and the C.B.S.A. agents forced Teiohontathe to exit her vehicle and stand out in the cold for at least 45 minutes.  Her fingers were so cold, she was not able to hold a pen to write later.  They refused to allow Teiohontathe to go inside the C.B.S.A. building or in any vehicle to get warm, while they searched everything in her SUV.

An elder stopped over to check on Teiohontathe’s safety and the C.B.S.A. agents disrespected him to the point that he had to physically backup and go sit in his own vehicle to watch from a distance.  That caused Teiohontathe to feel more fearful of the C.B.S.A. agents.  At one point, one of the C.B.S.A. agents asked Teiohontathe if she was moving contraband cigarettes.  Teiohontathe responded by telling him that she works for a living and he laughed at her.  Then he asked Teiohontathe “Do you know what are society thinks of you people?”  Teiohontathe knows the C.B.S.A agent as ‘DeMeer’ with badge number 11275.

Teiohontathe endured derogatory racial comments from the C.B.S.A. agents, out in the cold.  She became so upset, she started hyperventilating and noticed that her fingers were purple, chapped, and so swollen that she could not move them.  Some of the C.B.S.A. agents tried convince Teiohontathe to pay taxes for clothes and boots that they found in her SUV.

At about 9am, the registry officer, Nicole Bacon opened the room up and showed our group where everyone would be sitting. By 9:20 am, Teiohontathe Davis’s group rolled a dolly into the room, full of thick black binders and paperwork in boxes.

Representing Davis; Teiohontathe Davis, Katenies, Kakwerais
Representing Canadian Human Rights Commision; Nicole Bacon, Réjean Bélanger, Brian Smith (lawyer).
Representing C.B.S.A.; Sean Gaudet (dept. of justice), Susan Keener (dept. of justice), Lucinda Reading, and assistant.

Nicole was setup to sit at the front left of the room, facing everyone, where she recorded everything. The Tribunal Member, Réjean Bélanger, was setup to sit at the front center of the room, facing everyone. A table was setup at the front right of the room, for witnesses to face everyone, as they testified. Each table had a microphone.

Nicole let everyone know that an audio recording would be available at the end of each day and week, for anyone present that brought a USB drive. Two tables were reserved for each group (Teiohontathe Davis, Canadian Human Rights Commision, C.B.S.A.) to seat up to 4 people, for each group.

The general public had about 4 rows of chairs setup in the back of the room. Teiohontathe Davis’s tables were setup at the front left of the room, where Teiohontathe, Katenies, and Kakwerais sat. The Canadian Human Rights Commission tables were setup at the front center of the room, and Brian Smith represented the public. The Canadian Border Services Agency (C.B.S.A.) tables were setup at the front left of the room. Sean Gaudet, Susan Keenan, Lucinda Reading and an assistant represented C.B.S.A.

When Réjean Bélanger arrived, the Canadian citizens all rose. Onkwehonwe remained respectfully seated and Réjean did not seem negatively affected by Onkwehonwe’s refusal to rise each time he arrived or left the room throughout the day. I had a little bit of trouble understanding Réjean’s thick french accent at first, but it became easier to understand him as the day went on.

Emmy Mitchell did an Opening Address and explained to the English and French speakers that it was Onkwehonwe’s way to show respect and appreciation for all. Réjean then welcomed everyone and explained the democrat system and that he believes all must have faith in the system.

Réjean, Teiohontathe, Brian Smith, and Sean discussed how Teiohontathe Davis was denied an extension to get her witnesses. She had difficulty getting witnesses and was forced to subpoena all but one witness. C.B.S.A. representative Sean, objected to the witnesses because he believed they are irrelevant. Sean argued that he believes Teiohontathe’s witnesses are irrelevant. Réjean finally told Sean that the Human Rights Commission, wants the opportunity to decide relevance for themselves.

Teiohontathe requested that Onkwehonwe customs be respected and that they have an elder bring Wampum and Eagle Feather to testify that they would be truthful. Elders Emmy Mitchell and Kanietakeron brought Wampum and Eagle Feather to first witness, Teiohontathe. They explained to Sean Gaudet, that Onkwehonwe do not live under the Bible.  Sean objected for a while and later stated that he would not object, as long as a full translation was provided.

Réjean requested the opening statements to start with Teiohontathe, then Brian Smith, then Sean Gaudet. Réjean gave some instructions regarding law and the process of providing an opening statement. Teiohontathe started to present her opening statement, at about 10:40 am. She stated that she originally issued a complaint on November 18, 2005 and had been enduring 4 years of the Federal Courts trying to stop her. “I don’t know what a positive view of Justice is. C.B.S.A. and Department of Justice keeps retaliating against me. 4 years I hold this in me. My complaint is based on age, race, and gender. I have six witnesses and I had to subpoena 5 of them.”

Brian Smith stated that he was representing the Human Rights Commission and he planned to discuss incidents described as ‘3 allegations’. He also planned to discuss 5 principals.

• 1st Principal; regarding Teiohontathe’s identity as ‘young Mohawk woman’.
• 2nd Principal;  regarding CBSA treated Teiohontathe with heightened security and negative racially charged comments.
• 3rd Principal; C.B.S.A. officers did not De-escalate the situation and rather disproportionate disparity when Teiohontathe challenged the way C.B.S.A. treated her.
• 4th Principal;  regarding the site and grounds of discrimination.
• 5th Principal; regards to recognition that their need to not be direct evidence, to find a violation of human rights. A third party is often not present when a witness was abused.

Brian Smith also stated that he anticipated that the Human Rights Commission will propose that C.B.S.A receive training about cultural sensitivity and the Human Rights Act. The C.B.S.A. representative, Sean Gaudet stated that he did not wish to give an opening statement, until he was ready to start the case.

Katenies and Kakwerais provided the C.B.S.A. and the Human Rights Commission with copies of their black binders. Teiohontathe Davis presented two thick black binders (C1, C2) full of documents, into evidence and provided each party with their own copies. C.B.S.A. presented two binders into evidence (R1, R2). The binders had tabs to help everyone navigate through the papers.

Réjean made sure that everyone’s names were pronounced and spelled properly. Katenies and Kakwerais agreed to interrogate Teiohontathe first.  They asked questions to help everyone understand what the C.B.S.A. agents did to Teiohontathe, 4 years ago and how they violated Human Rights.  Teiohontathe gave details about her past experiences on November 18, 2005 with the C.B.S.A. agents.

Réjean asked for more details and Teiohontathe had to search through her binders of documents to find the paperwork that backed up her statements.  Teiohontathe and Kakwerais reminded Réjean, that they had to use the ‘Access to Information Act’, to even discover the documents for themselves and that they waited for 120 days to receive the documents they requested under ‘The Access to Information Act’.  The long wait for the information, was causing Teiohontathe to have some trouble remembering where each document was in her binders.

Réjean stopped the meeting at 3:30 pm and stated that the meeting would start back up tomorrow morning.  He reminded Teiohontathe to do all she can to get her documents organized before tomorrow, so that she can retrieve the documents and proof faster.

For four years, Davis has been in and out of federal courts, regarding the Canadian Border Services Agency CBSA ( A Canadian Union)  be held accountable, for their violation of Human Rights. Davis is a young mother from Akwesasne.

Davis has been in and out of Federal Courts 4 years. It has been 4 years since the November 18th 2005 incident. She has been in the Federal Court fighting the Attorney General of Canada, Department of Justice Canada since February 2009. The Attorney General of Canada & Department of Justice Canada, have been trying to quash this case from proceeding to the Tribunal for further inquiry/ investigation. Davis was successful at getting this case to proceed to the Tribunal, even after 4 attempts of the Attorney General & Department Justice of Canada, trying to stop it from proceeding to The Tribunal.

The Akwesasne community was forced to experience intimidation, harassment, and abuse from CBSA Union Workers, on a daily basis. Many in Akwesasne, have reason to beleive that when they filed complaints against the chronic abusers from CBSA, that they were ignored, discredited, and many of their filed complaints were actually destroyed (tossed into the garbage can).

Earlier this year, in May 2009, CBSA left their post on Kawehno:ke (aka Cornwall Island), when the Akwesasne community gathered around the CBSA building to state they can not allow the CBSA abusers to carry guns in their community. Akwesasne residents stated that their human rights complaints were being thrown away into the garbage, ignored, and even made fun of, by the accused CBSA agents. CBSA responded by leaving their building and asked that the Seaway Corporation hire all surrounding police and military agencies to barracade every road leading to and from Kawehno:ke.

When my husband and I were on the north edge of the bridge leading out of Kawehno:ke (aka Cornwall Island), to Cornwall Ontario, we were met by a road barracade full of Cornwall Police. The Police approached our vehicle, we rolled down our windows and they told us that they would allow us to leave, but they would never allow us to ever return back to our home on Kawehno:ke. The police even laughed after he saw the shocked looked on our faces.

So, I must say that I am very proud of Davis. Her path is not an easy, popular, or pretty one.

FILE NO: T1342-7208

GROUNDS: Age, Race, Sex

LOCATION:  NAV Canada Training Centre – Cornwall Ontario

Davis v. Canada Border Services Agency

HEARING DATES:
November 9, 10, 12, 13
November 30 – December 4
December 14 – 18

Rescheduled 3rd Time!  November 30th to December 18th   Click for Details

START TIMES:
9:30 a.m. – 5:00 p.m.

This inquiry is open to the public. Akwesasne Community is Welcome to Attend.  Driving Directions and Map to NAV CANADA Centre is below:
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