The Continuing Saga Of Two Canadian Mohawk Ladies -
On June 14, 2008, Kahentinetha and Katenies, two Mohawk women, were attacked at the Cornwall Ontario border by a special squad of about twelve Canadian Border Services Agents CBSA dressed for combat. One woman, Kahentinetha Horn, suffered a trauma induced heart attack and is still recovering. The other was severely beaten and held incommunicado without access to medical attention or outside help. She is, also, still recovering from her injuries.
Kahentinetha and Katenies live in the Mohawk communities of Akwesasne and Kahnawake. They think that everyone should be able to pass the illegal colonial border without being assaulted. So far, no employee or official has shown any concern for the assaults committed by the CBSA.
The ladies filed formal complaints for a full investigation, appropriate charges to be made against the offenders and reasonable compensation for their arrest, assault and illegal jailing. They sent requests to the Hon. Robert Nicholson, Minister of Justice and Attorney General of Canada, the Ontario Provincial Police, the RCMP, the Mohawk Akwesasne Police and the CBSA. All requests were refused!.
The two women have no money and no lawyer. They had no choice but to represent themselves. They filed a Federal Court of Canada lawsuit to force the police and government agents to investigate these assaults. For $2, they filed a Statement of Claim on the "Assault, arrest and illegal detention" by Canada Border Services Agents [Kahentinetha & Katenies v. Queen, Section 48, Federal Court Act, T-1309-08]. At first the court registry employees seemed helpful. As time went on, the employees issued misinformation and lost documents to sabotage the lawsuit.
The crown's first response was to file an unprecedented countersuit for Kahentinetha and Katenies to pay for Canada's costs. They wanted more than $20,000 on deposit before the case could be tried, plus all subsequent costs thereafter. They justified this action by claiming Kahentinetha and Katenies are "not residents of Canada". They based their argument on an unsubstantiated article from a newspaper published on the internet that speculated that Katenies lived in the U.S.
Kahentinetha and Katenies submitted evidence that they live in Akwesasne and Kahnawake which are located in the portion of the colony of Canada known as "Quebec". They are considered residents of Canada by the Canadian government. The court refused to accept the evidence. Kahentinetha and Katenies were pleased with FCC's order that respects Indigenous jurisdiction over Turtle Island. According to Canada's own order and laws, the demand for money is a human rights violation and Canada must remove its border control.
Prothonotary Mireille Tabib of FCC issued the order that the two women must put $6,500 before the case would proceed. Kahentinetha and Katenies appealed. They argued that Canada cannot claim Kahnawake and Akwesasne are not part of Canada so as to classify them as "non-residents" to make them pay court costs, while they treat these communities as parts of Canada, including having a border control in the center.
When the crown did not reply, Kahentinetha phoned the FCC registry. She was told the appeal documents were lost. Then, they suddenly were found. Kahentinetha and Katenies were instructed to re-file the appeal and to ask "for an extension of time".
FCC Judge Francois Lemieux issued an order denying them the extension of time. He made no ruling on the unconstitutional posting of money by victims of a crime carried out by agents of the state. His deflection made it impossible for the women to appeal.
Kahentinetha and Katenies, having no money, no jobs and no attachable assets, had to abandon the case. Then, on February 26, 2009, Kahentinetha filed a brand new suit on the "Reckless disregard for the safety and security of Indigenous Women at the Canadian Border, Akwesasne" [FCC File No. T-288-09, Kahentinetha v. Queen].
The assault on these two Mohawk women on June 14, 2008 at the border station at Cornwall, Ontario can be proven by both civilian and government of Canada witnesses, by medical and hospital records and by videotape evidence which is in the hands of the CBSA. The main purpose of Kahentinetha and Katenies for their legal actions is to demand a full and fair investigation of:
(1) the assault;
(2) the failure to investigate;
(3) the loss of documents and unethical treatment by the FCC; and
(4) the action to be tried without delay in the FCC at 30 McGill Street, Montreal, Quebec.
It is the belief of the two Mohawk ladies that Canada continues to use its courts as a political weapon to allow its agents to abuse its Indigenous Peoples with impunity – free from blame or retribution.
TO SUBMIT an ARTICLE, OPINION PIECE, COMMENTS to the Native Unity Digest, e-mail email@example.com.
NATIVE UNITY - A place for Native American Peoples to solidify their tribes to make a positive impact on the cultural, social, economic and political fabric of American society and a place for non-Natives to better understand the ways of the American Indian.
ATT: NEW - News Blog - American Indian Report - AIR BLOG
'Budget Has $3 Billion For IHS'
NATIVE ISSUES BLOG
Professor Robert J. Miller
AIROS NATIVE NETWORK plays music, news and other great programs from Indian Country - www.airos.org
FOR ANNIE'S NATIVE CELEBRITY NEWS - go to www.nativecelebs.com
CATCH COLORADAN PETER JONES AT:
SUPPORTING NATIVE AMERICAN/FIRST PEOPLE - ARTISTS, FILM MAKERS, ENTERTAINERS, ETC. http://www.krystynmedia.blogspot.com.