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?

Helene is saying that when Kim Hathaway left the compound,
she went by the fence and started taking more pictures.

Kakwerais asked Helene did any transmissions mention Kim Hathaway
taking photos. Helene stated that VACIS team individual stated he
did not give Kim Hathaway permission to take photos, on the radio
transmission. Helene was disgusted by the VACIS team and CBSA
individuals that were escalating the issue, making ridiculous comments
on the radio. Helene said that at one point, while she was in office,

when officers caparelli and anderson made the comments on radio to
escalate the issue – they started scaring the newer officers,
they started making more and more ridiculous comments about how the
cbsa building is bomb proof.

Helene said she thought caparelli and anderson saw an opportunity
to help them get their own firearms, so they seemed to be escalating
the issue to help them with their goals to get their own firearms. they
were in the middle of negotiations to get firearms at the time (nov 2005).

officers scott anderson and caparelli were not in compound when Fallan was sent into
cbsa building. they both went outside to speak with VACIS team, while
Kim Hathaway was taking photos of VACIS team in compound.

Helene said that the compound area was not a restricted area. the cbsa
allows public to photograph, record, video as long as not stopping cbsa from doing their duty.
the commercial compound is not a restricted area, because anyone can
walk in their at any time. their were no signs stating that it is restricted.

Oka’s routine is to drive into commercial compound, take a look, then go park
his vehicle. Helene stated that the CBSA port in Akwesasne, was viewed as
the armpit of CBSA. Fear was put into the new CBSA agents, like ‘watch out
for the bad Indians’. Indians are presumed guilty until proven innocent.
You do have a fear when you first go their. Hang on to your Hair, when you
first go their. Its crazy but its their.

11:06 am Kakwerais was just interrupted by Sean. Sean is saying he is
so patient…. Kakwerais is continuing to ask Helene if the CBSA agents
were so fearful of other races of people?

Kakwerais asked Helene if the security cameras at CBSA could be remotely
controlled? Sean: why is that relevant?

Fallan asked Helene if she was ever praised for her professionalism? Helene
said that her relationship with her co-workers deteriorated, because Labor Canada was called in and asked why the port was going to be closed because of claims of being fearful of the ‘Mohawk Warriors’.

Helene is saying that it was difficult to watch some CBSA officers nitpick on Mohawks constantly and watch it be escalated by the CBSA officers.  Helene said she actually cried for a few days.  Helene could not believe how far the CBSA officers escalated the incident with a shivering cold, scared young girl (Fallan Davis).

11:15 am Helene said that she was afraid of the CBSA agents and not of anyone from the Akwesasne community.   She was disgusted how the Davis incident was being used to paint the Mohawks as ‘lawless’ criminals and an excuse for the CBSA agents to get their firearms.  The Indian Lane and commercial compound area was closed off.  The CBSA port was swarming with RCMP.

11:18 am Sean interrupted and does not want Kakwerais to ask Helene about the closure of the Indian Lane and the commercial compound.  Kakwerais wants to know how long the Indian Lane was closed after the incident.  Sean is objecting to the questions.  Mr. Brian Smith is stating that the question and response is actually relevant, finding out what lanes were closed, and could demonstrate to the tribunal the threat and how it ties into the allegations.

Sean is objecting to the question being asked of Helene.  Chair is stopping the question because he does not ‘need more cream on the cake’, so he is accepting the objection.

11:22 am Fallan is asking if Helene ever saw John Boots at the compound.  Helene said that she was asked to remove her Warrior Flag Decal off of her vehicle.  CBSA had a meeting with Erin Oakes, Russ Jock, Brian David, and Francis Boots.  Education offer was made and CBSA threatened to charge Helene with harassment.  John and Harriet Boots then offered support.  Helene stated that the  Warrior Flag Decal symbolizes unity and culture, it does not symbolize violence.

11:27 am Kakwerais is asking Helene what the atmosphere was like around CBSA after Davis incident.  Helene is saying that the snide comments and negative attitudes towards her, was enough.  Helene said she stood up for the core values, and when she saw CBSA agents violating the core values, they persecuted her.

11:29 am The Chair (Réjean Bélanger), Helene, and many others are looking tired now.  Teiohontathe Fallan Davis is asking Helene about a document (email) that she had to use the ‘access to information act’ to find.  Kakwerais just asked Helene if she was ever written up.  Helene is talking about how ‘running the port’ is a very serious thing.  She is talking about how she helped a man in Akwesasne to de -escalate an issue.  Helene received an email stating that CBSA decided to not charge the man.   Helene then received a phone call from the Justice Department stating that they were going to charge the man for ‘running the port’.  Then Helene was charged with violation of section 107 of the Customs Act.  Helene gave another example of how she has been persecuted by CBSA each time she stood up for what she believes is the right thing to do.

11:38 am Kakwerais asked Helene if their was an armed escort of VACIS off of Akwesasne.  Helene said that yes, Akwesasne PD escorted them out of Akwesasne.

11:40 am Kakwerais is bringing a map of Akwesasne out.  We are taking a quick break and will be right back.

11:52 am The Chair (Réjean Bélanger) asked if Helene Oakes interrogation can be finished with Kakwerais by lunch time.  Kakwerais is asking Helene about the map now.  The map was made in January 2006 from the Akwesasne Environmental Department.

The Chair (Réjean Bélanger) asked Sean Gaudet and everyone to take a close look at the map for a few minutes.  Mr. Brian Smith agrees.  Sean Gaudet is questioning if Kakwerais is going to finish the interrogation soon?  Sean Gaudet just stated he wants to terminate the Davis questioning of Helene Oakes, as soon as possible.  Sean does not object to having everyone look closely at the map provided by Davis.

11:59am Davis team, The Human Rights Commision, and CBSA legal team is all gathered around a large map of Akwesasne in the front of the room.  They are discussing what is on the map, Kakwerais is explaining the borders and locations within our community of Akwesasne to everyone.  Teiohontathe Fallan Davis just pointed out her island (Kawehnoke, aka cornwall island ontario).  The Chair, Rejean Belanger, is asking about the borders, how do people go shop, get to the doctors, etc.  Nicole is asking if she can help by providing color highlighters.  The colors of the map are very light and hard to see from where everyone sits at their tables with microphones.

The reason that the Chair (Réjean Bélanger) knows nothing about Akwesasne community and borders, is because they chose a Chair that had no previous bias about Akwesasne and the Indians that live around Akwesasne.

12:02 am Everyone is back to their seats and microphones.  The Chair (Réjean Bélanger) is asking the map to be submitted into evidence and labeled.

Kakwerais asked Helene what is it like to travel from Kawehnoke (cornwall island, ontario) to Snye Quebec.  Helene is using a pointer, showing how she crosses over the USA border, then Rt 137, then Cook Road….

Kakwerais asked Helene what parts are New York State, Quebec, and Ontario. Kakwerais asked Helene if she was ever told why their are no border checkpoints around Akwesasne.  Helene is saying that the borders of USA and Canada mean nothing to the Mohawks because they were not put their by Mohawks.  The Chair (Réjean Bélanger) looks a little confused now.

Kakwerais asked Helene Oakes if she knows how the Mohawks view the borders.  Helene is saying that Akwesasne is all one community.

Kakwerais is asking Helene about the jelly bean training that Helene spoke about yesterday.  She asked Helene if anyone ever explained the Akwesasne community to any of the CBSA agents.

Helene is talking about Sandra Day, that sometime around 2001, put everyone in a van and gave the CBSA agents a 3 hour tour of the Akwesasne community.  Their were repercussions though, because CBSA never got permission to visit the Akwesasne community.   Helene is explaining how the people that live in Snye, sometimes have New York State license plates on their vehicles.

Helene is telling the difference between the different area codes that are used within Akwesasne community. The Chair (Réjean Bélanger) was not able to understand the relevance of the Ontario area code being used in the ‘quebec’ portion of Akwesasne.

Helene stated that their are no taxes paid on goods from Akwesasne.

12:15 am Kakwerais asked Helene what a CBSA officer says to traveler in (p4)  Indian lane.  Helene said that CBSA questions depend on who the traveler is.  Helene said that alot of times, CBSA just wave the travelers through because they saw the same community members hundreds of times, many times in each day.

Helene is talking about how the older crew of CBSA agents had worked in Akwesasne for 20 or 30 years.  Often CBSA agents did not even have to ask anything of the Indian Lane travelers.

12:20 pm Sean Gaudet just objected to Kakwerais question to Helene ‘how many times did CBSA close down the port’.  Helene said that the only time it was ever closed down while she worked their, was once – on November 2009  with the Davis incident.

Helene is asking the Chair (Réjean Bélanger) if she can tell the other CBSA officers that worked while Helene did, that were also Mohawk.  Helene said that 2 full time males, 1 term male, 6 summer students worked at CBSA while she did.  Helene is talking about how every Mohawk that ever worked at CBSA were fired or suspended and never retired with CBSA.  The Chair (Réjean Bélanger) and Sean Gaudet is objecting to the question, because the answer indicates that CBSA has a reputation of suspending and firing Mohawks.

We are leaving for lunch now (12:25 pm ) and will return at 2:00 pm today.

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.

9:37am The Chair is stating that he won’t allow documents to be submitted as evidence, until the witness is present to verify that they created the documents.

9:42 am, Kakwerais  is interrogating Helene Oakes now.  Helene said that the incidents in 2005 regarding Davis, were taped and that she watched the tape and audio recordings in the mohawk security office.  Helene showed where the cameras were pointing at the commercial compound. She said that her and Oka Dick watched the video, it was zoomed into Davis, CBSA agents, and VACIS team during the incident.  Helene said that the night shift officers duty is to replace the day’s tape with a fresh new empty tape.

Helene phoned Rod Hart to tell him why she left in disgust early.
the supervisor (mr saucier left) so oic officer in charge was no one
on nov 2005 incident.

Helene told Rod she was disgusted with cbsa behavior, so she left and went home early.  She was disgusted how CBSA escalated the entire incident in regards to referring to ‘The Warriors’.  Rod Hart did not seem concerned about the incident.  Lance Markel is the new director of CBSA.

9:55 am Kakwerais is asking Helene Oakes about the incident with Teiohontathe Fallan Davis. Helene said she first heard that CBSA was sending Fallan into office to make her pay taxes and duties.  Helene was disturbed that the CBSA agents (Mr. Kevin Sills) threw receipts on counter, stating ‘boy is she pissed’.  Fallan came in, shivering, mascara running down her cheeks, she was cold, and she was crying.  She was wearing a tiny little thin bomber jacket and it was very cold outside.  The superintendant talked with Rod Hart.  Rod Hart told the superintendant to tellthem to just tell Fallan about the remission order and just kick her out to the road.

Helene asked Mr. Soicier if she could take care of it.  He told Helene to ‘knock yourself out’.   Helene noticed Fallan was shaking cold and crying so hard that she was gasping for air.  Helene asked her why she didnt declare her goods?  Fallan said they never her a chance, they were screaming at her. Helene told Fallan that under the remission order, she is allowed to bring in goods.  Helene tried to calm her down.  In all her years, she never seen a traveler that was so completely devastated.  Helene told Fallan that she would go talk with Rod Hart and arrange for her and him (on monday) to discuss the incident and put a complaint through.  She calmed down a little and left.

Helene went upstairs to phone Rod Hart and let him know about the complaint.  Rod told her ‘no problem’ and he agreed to meet with Fallan on the next Monday.

10:05 am Kakwerais asked Helene how long did she stay at the CBSA port, after Fallan left. Helene said she went to traffic counter and Kim Hathaway was waiting to speak with Rod Hart immediately.   Helene told Kimmy that Fallan was still hysterical and crying in her vehicle, someone needed to speak with her to calm her down.  Helene went to speak with Fallan, in Fallan’s vehicle where it was now parked in the secondary inspection area.

Helene said when she got to parking lot, Oka Dick (security person), Mr Boots, and Nancy Davis, Kim Hathaway all were with Fallan.  Fallan was crying and told Helene that the CBSA and VACIS team had screamed at Fallan ‘we know how you people are, we are going to find something’.   or ‘ you know what we think of you people (Mohawks)’.

Helene did not realize Fallan was pregnant. She looked cold, scared, fearful, and Helene felt uncomfortable to see her cry so deeply.

10:13 am When Kim Hathaway attempted to take photos, the CBSA and VACIS team (maybe 4) were actually posing, dancing around like buffoons, and laughing at Kim.  Helene was ‘not impressed’.  Kim asked for badge number of VACIS team and he responded ‘12345′.

10:14 am Kakwerais asked Helene, did you think VACIS and CBSA were afraid when Fallan and her family gathered?

Helene said no way, it was not enjoyable to watch the VACIS team and CBSA disrespect, laugh at, and make fun of the Mohawks that gathered around the CBSA  port in Akwesasne.

10:19 am Helene said that in 2005, CBSA agents wore badges without velcro.  She said that the VACIS team and CBSA agents that were posing and dancing, wore coveralls and their badge numbers were hidden with their coats.

The chair just asked Helene if the VACIS team wore protective gear regarding XRay machines.

Helene said she is not familiar with the equipment for the VACIS team, regarding a dosing meter.   While Helene was at CBSA port in Akwesasne, she only saw the VACIS team twice.  She said that  CBSA never received training regarding safety and radiation around the VACIS machine.

10:27 am Helene said she told the VACIS team that they must provide their badge numbers when asked for them, then she walked away from the VACIS team.  The VACIS team never seemed concerned for their safety, because they were posing, dancing, and laughing at the Mohawks that were gathered around Fallan at the CBSA port in Akwesasne (cornwall island ontario, kawehnoke).

Helene went to the mohawk security office, and watched the VACIS TEAM silliness on the video tape.  Oka Dick was with Helene.  The scene was being escalated by the VACIS team and some of the CBSA agents.  The CBSA radios (all officers hear all officers) stated that ‘VACIS team wants armed escort, off the reserve’.  Helene stated she thought the VACIS team and some of her fellow CBSA agents’ actions towards the Mohawks, made her think “they were morons, cranking each other up, into a stupor”.

It’s now 10:31 am and we are breaking 15 minutes.