Tuesday, October 14, 2008

Canada's 'Three Monkeys Defence' for brutal border attack on Mohawk women


Mohawk Nation News
October 14, 2008. Canada says it “Didn’t see anything! Didn’t hear anything! And ain’t gonna say anything!” Kahentinetha and Katenies filed in the Federal Court a lawsuit against Canada on August 20, 2008. [Section 48 of the Federal Court Act Case #T-1309-08]. It was for the assault, arrest and illegal detention on June 14, 2008 of these two women by the Canada Border Service Agents CBSA at the Cornwall Ontario checkpoint. This runs through the middle of the community of Akwesasne on sovereign Kanion’ke:haka/Mohawk Territory.

The two women were brutally assaulted and injured. From the looks of it a systematic method of torture and attempted murder was carried out on Kahentinetha. They knew what they were doing to them. They were trying to cause severe injury or death. Kahentinetha suffered a trauma induced heart attack, from which she is still recuperating.

John H. Sims, Deputy Attorney General of Canada [Phone 613-946-2774 Fax 613-952-6006], answered that the allegations “have no relevance” to the constitution of Canada and he has “no jurisdiction” and “no knowledge”. He admits the two women were at the border at 2:00 p.m. on that day, that they were “forcibly removed from their car”, “handcuffed” [without reason or charge] and taken into the Customs building. They were assaulted outside and inside in front of many witnesses, with at least a dozen CBSA cameras taping the whole incident from every angle. They have been denied access to the “live feed” which would prove that they were peaceful and did nothing wrong.

The two women are defending and representing themselves. In an unprecedented move, Vincent Veilleux and Marieke Bouchard, on behalf of John Sims, demanded the two victims pay them $19,460.00. This is known as a “motion to swindle and discourage”. Canada is demanding the two unemployed grandmothers pay them for their “preparation and filing of all their defences, replies, records, materials, appearances, meetings, conferences, other “ambulance chasers” they talked to, trial preparations [even though there is no trial], prepping the witnesses, subpoenas, secretaries, travel between Ottawa and Montreal and maybe even their cleaning bill after a night on the town in Montreal. Remember, these ambulance chasers are all highly paid government employees. What happens if a judge grants them the right to rake us over the coals?

Canada tried to justify their violent acts and violations of human rights. Their response was weak and followed by attempted extortion of money from their victims, knowing full well these women are unemployed. The two women replied on October 9th that they were defending themselves against almost a dozen burly and well-armed guards who attacked them when they were not threatening anyone or doing anything illegal.

There were obstacles at every turn. They drafted their response and took it to the Federal Court of Canada in Montreal for filing. The employees informed them they had to swear their affidavits and serve it on Canada. Luckily, a kind hearted older lawyer was standing close by who agreed to do it for them. He then offered his nearby office to make the numerous copies that were needed for filing and distribution.

Then they had to go to another part of town to the Justice Department to serve the Attorney General of Canada. They were put through an array of security and surveillance scrutiny until they were finally allowed to go up to the 12th floor. They walked off the elevator into a large empty room with a bullet proof window to the right and no one on the other side of it. They made calls on a pager hanging over the window. After waiting for a while a few people got off the elevator and they asked them for help. Eventually the right person came to the window. She took the documents, ruffled through them, checked them and then stamped them. She took a copy and told them it was now served on the Attorney General of Canada. She gave the rest back to the women and told them to go back to the Federal Court to file them.

They went down to the food court and had a bite to eat before heading back to the Federal Court.

This took a whole day. This maze could discourage people from suing the federal government to get real justice. They are not discouraged. According to the time frames in the Federal Court Act, Canada must respond in 4 days, by October 16, 2008.

As well, Kahentinetha asked the Ontario Provincial Police, the RCMP, the United Nations, the Attorney General of Canada and the Akwesasne Mohawk to investigate this attack. The OPP and RCMP stated this is not “their jurisdiction”. The UN has not responded. The Akwesasne Mohawk Police are not sure what to do. The Attorney General has turned it over to the CBSA to investigate themselves.

The women now have to file an “affidavit of evidence” within 30 days on the Attorney General of Canada. Then it goes to a judge who then takes his good old time. Is there anyone out there who can offer advice on how to deal with this kaleidoscope of mirrors that is designed to obfuscate and deprive those who can’t afford to use their system? This wild goose chase proves the system creates injustice for people like us. It’s made by and for the well-heeled colonists. We Indigenous people have to be persistent.

MNN Mohawk Nation News www.mohawknationnews.com
Ia:hawi needs your support. Katenies20@yahoo.com kahentinetha2@yahoo.com

Note: These challenges of abuses at the border require support and money. Your financial help is needed. Please send donations to PayPal at www.mohawknationnews.com, or by check or money order to “MNN Mohawk Nation News”, Box 991, Kahnawake [Quebec, Canada] J0L 1B0. Nia:wen thank you very much.

Some of the culprits: Phil Fontaine of the AFN is a partner in CBSA’s Sustainable Development Strategy 2007-9, See Appendix 4 for external stakeholders; Chris Kealey, Canada Customs Excise, Immigration Taxation Board, CBSA Media Relations 613-991-5197; President CBSA 613-952-3200, 613-957-0612, CBSA-ASFC@Canada.gc.ca; National Aboriginal Initiative CHRC 204-983-2189 1-866-772-4880 info.com@chrc-ccdp.ca; Canada Customs Port of Entry at Cornwall Island Ontario; Gaetan Cousineau, Quebec Human Rights presidence@cdpdj.gc.ca; Akwesasne Mohawk Police 613-575-2250 ex 2400; Mohawk Security at the border 613-932-5183, 613-575-2340; Lance Markel, District Director CBSA 613-930-3234, 613-991-1214; Brent Lafave, Investigator CBSA; Susan St. Clair, Canadian Human Rights Commission, 344 Slater, Ottawa 613-995-1151, 1-888-214-1090, 613-943-5188; CBSA National Spokesperson 613-957-6500; Quebec Media Relations CBSA 514-350-6130; Chief Mohawk Council Akwesasne 613-575-2250 nbenedict@akwesasne.ca; Minister Stockwell Day, Ottawa 613-995-4432; Melissa Leclair Communications Pub. Safety 613-991-2863.

Posted by MNN Mohawk Nation News www.mohawknationnews.com Contact: katenies20@yahoo.com kahentinetha2@yahoo.com
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