And now:Ish <[EMAIL PROTECTED]> writes:
Date: Tue, 29 Jun 1999 14:55:35 -0400
From: Lynne Moss-Sharman <[EMAIL PROTECTED]>
Subject: Jay Treaty Protest
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Jay Treaty protest proceeds smoothly
By DAN BELLEROSE, The Sault Star
Dozens of protesters passed smoothly through Customs Monday at the
International Bridge Plaza as natives claimed the right to bring goods into
the country duty free under the Jay Treaty. But Sault Ste. Marie area
native officials want the same treatment for individual natives during the
rest of the year as they experience during Jay Treaty demonstrations.
And First Nations leaders from other parts of Canada say they may organize
similar demonstrations.
Eighteen days ago, symbolic goods being brought into Canada by a former
Grand Council Chief of the Anishinabek Nation were seized at the Sault border.
Joseph Hare, former Grand Council Chief, and companion Peter Migwans, after
apparently advising Canadian border crossing officials of their intention
to purchase goods in Michigan but not pay duties or other taxes upon their
return, had some belts and a tray of lighters seized June 10.
Revenue Canada officials say aboriginal people are subject to the same laws
and border duties as other Canadians.
"What we want at the border is for individuals to get the same treatment as
our people that travelled back and forth in the convoy,'' said Blaine
Belleau, a Garden River First Nation councillor.
"Everything went smoothly (Monday), no hassles, but what about the rest of
the year?''
The treaty rights demonstration, staged in the Sault and Sarnia for about
eight years, had several dozen vehicles travel from Garden River to the
Michigan Sault for several hours and then return without participants
paying custom levies on out-of-country purchases.
The border exercise launched a three-day Ontario Region National Forum on
Treaties being hosted by Garden River First Nation, the Union of Ontario
Indians and the Assembly of First Nations.
"What happened to Joe Hare is an example of what we don't want done to our
people . . . . It's unnecessary harrassment,'' said Phil Fontaine, national
chief of the Assembly of First Nations, amid traditional drumming and
singing to greet the return of Monday's protesters.
"We'd prefer it be settled as a gesture of goodwill between the federal
government and the First Nations, but it's sure to go to the courts.''
Hare, in a press release issued Monday, urges the Anishinabek Nation to
take legal action on the matter and seeks financial support from all First
Nations and other organizations to fight his case in court.
"Going across the border as a group once a year does not change the
arbitrary rules of Revenue Canada,'' states Hare.
He argues he was exercising the right of the Ojibwa, Odawa and Potawatomi,
who make up the Anishinabek Nation, to cross the border freely with their
goods.
"They turn a blind eye for the day and the rest of the time they will not
let us pass freely.''
Maurice Levac, district communications manager with Revenue Canada, denies
his agency is turning a blind eye.
"Unless the law changes, we treat First Nations people as we do any other
Canadian,'' said the communications manager.
Treaty protesters were directed to a specific customs booth to avoid a
major disruption at the busy crossing.
"If we believe they have exceeded their exemption they'll be sent a tax
bill through the mail.
"We don't try to be confrontational but we'll enforce the tax and custom
laws fairly and equaly for all Canadians.''
After-the-fact tax bills have been issued in the past by Revenue Canada but
are seldom, if ever, paid and nothing is done to collect.
Aboriginals believe there are no borders on the true map of North America
and claim an inherent and treaty right to pay no duties or taxes on goods
under the 205-year-old Jay Treaty.
Less than a year ago, the Federal Court of Appeal confirmed a 1997 ruling
by the Federal Court of Canada that Akwesasne Mohawks (near Cornwall) who
reside in Canada have an aboriginal right to enter the country and import
goods without paying custom duties.
"The court has recognized the right of Chief Mike Mitchell and the Mohawks
to cross the border freely but Revenue Canada is refusing to acknowledge
the decision,'' said Hare in his release in regards to the case being
appealed to the Supreme Court of Canada.
"According to Revenue Canada the aboriginal right to cross the border is
limited only to the Mohawks who are bringing in goods from New York state.''
Hare argues an aboriginal right belongs to all aboriginal people, and not
just Mohawks, and that any part of the border running across Canada can be
used as a crossing for aboriginals.
Stewart Phillip, president of the Union of British Columbia Indian Chiefs,
and in attendance at the demonstration and conference, agrees the Jay
Treaty demonstration has far-reaching implications.
"We're talking now of organizing similar aboriginal rights exercises in
British Columbia,'' said Phillip, whose Okanagan Territory straddles the
Canada-U.S. border.
"What's happening regarding the treaty applies to all Canada, not just
Ontario.''
The president of the B.C. Indian Chiefs hopes for some quick answers.
"The aboriginal people are coming together like never before but a
tremendous pressure is building,'' he said.
"Between 60 and 75 per cent of our population is under 25 (years of age)
and their presence is being felt.
"They are better educated and less intimidated by government agencies than
their parents but the future is bleak as the federal government cuts back
on funding and transfers more and more responsibilities to the provinces.''
As many as 300 delegates and observers are expected at the annual
conference on treaties east of the city today including:
Vernon Roote, Grand Chief of the Union of Ontario Indians, Dennis Whitebird,
Deputy Chief of the Assembly of First Nations, and Tom Bressette,
Vice-Chief of the AFN Ontario Region.
"Let Us Consider The Human Brain As
A Very Complex Photographic Plate"
1957 G.H. Estabrooks
www.angelfire.com/mn/mcap/bc.html
FOR K A R E N #01182
who died fighting 4/23/99
[EMAIL PROTECTED]
www.aches-mc.org
807-622-5407
Reprinted under the fair use http://www4.law.cornell.edu/uscode/17/107.html
doctrine of international copyright law.
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Tsonkwadiyonrat (We are ONE Spirit)
Unenh onhwa' Awayaton
http://www.tdi.net/ishgooda/
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