Frequently Asked Questions
About the Canada Customs and the Canada- US Border
Why is there an international boundary directly through Akwesasne?
In 1783 Great Britain and the newly formed United States signed a treaty known as the Treaty of Paris. They then settled on a boundary between them at the 45th parallel. This border demarcation, went directly though the Akwesasne Community.
Akwesasne was worried about this and spoke to the leaders of those countries. It was said to the people of Akwesasne that the border was not there for them, and that it would be symbolically lifted 20 feet above the tallest person’s head when passing through.
Was there another Treaty having to do with the boundary?
Jay’s Treaty of 1794 had to do with Amity and Commerce between Great Britain and the United States. Both countries agreed that Indigenous peoples needed to cross the arbitrary borders between them to carry on business. At article 3, it says:
It is agreed that it shall at all Times be free to His Majesty's Subjects, and to the Citizens of the United States, and also to the Indians dwelling on either side of the said Boundary Line freely to pass and repass by Land, or Inland Navigation, into the respective Territories and Countries of the Two Parties on the Continent of America….nor shall the Indians passing or repassing with their own proper Goods and Effects of whatever nature, pay for the same any Impost or Duty whatever. But Goods in Bales, or other large Packages unusual among Indians shall not be considered as Goods belonging bona fide to Indians.
Why is there a Customs Building on the Akwesasne Reserve?
A small Customs house was placed at Akwesasne in the late 1890’s. Another was built in the 1930’s on the island which caused considerable hardship to the people of Akwesasne, so that when then this current building was contemplated for this community, they said that they did not want it in their community.
The current Customs Building was put there in the early 1960’s when the international bridges were built on land that were expropriated from Akwesasne.
How many other crossings are in First Nations communities?
The Akwesasne land-border crossing is the only one of 119 border-crossings which is located in First Nations community.
What is the issue today?
The Mohawk people object to the Canadian government unilateral decision to arm Canadian Border Services Agency (CBSA) employees with 9mm handguns without meaningful consultation.
Why are hand guns not safe in this area?
The Canada Customs facility is located in a residential district on the Akwesasne Mohawk Territory. Akwesasne residents are concerned about the potential dangers of providing CBSA employees with guns may pose to children and other residents. It is situated at a major crossroad on Kawehnoke in a residential part of the Akwesasne Mohawk Territory. The site includes a bus stop where children gather, recreational fields and a play area, a large number of homes, a district convenient store and several small businesses.
Has there been any trouble in the past?
There have been complaints from Akwesasne residents of intimidation, harassment, discrimination and provocation by CBSA employees. The decision to provide CBSA employees with weapons on Akwesasne Mohawk Territory exacerbates the existing human rights and security concerns of the Mohawk people and its citizens.
What are the human rights issues?
It is universally recognized that the principles relating to peace and security and human rights are interlinked and mutually reinforcing. This has been reaffirmed by consensus by the international community, including Canada. In addition, Indigenous peoples – especially those whose territories are divided by international borders – have a wide range of cross-border rights. The UN Declaration on the Rights of Indigenous Peoples requires States to facilitate such rights in consultation and cooperation with Indigenous peoples.
Concerns related to border crossing must be addressed with sensitivity and respect, in conjunction with mandated repsentatives of the Mohawk people.
How many Mohawks use this crossing?
According to a 2002 Traffic Study sponsored by Transport Canada, Mohawk residents account for as much as 70 percent of those crossing the border at the Three Nations Bridge Crossing.
What about border Crossing Rights?
Under the terms of Jay’s Treaty signed in 1794, Aboriginal peoples and Native Americans are permitted to travel freely across the Canada-United States border for the purpose of employment, study, retirement, investing, and/or immigration. The United States has codified this obligation in the provisions of Section 289 of the Immigration and Nationality Act (INA) as amended.
Canada has not set into legislation that part of the Jay Treaty of 1794 pertaining to Indians.
What is the Remission Order?
The Akwesasne Remission Order is an agreement negotiated between Akwesasne and the Minister of National Revenue regarding the importing of goods by the people of Akwesasne. It is describes as follows:
The Akwesasne Reserve, near Cornwall, Ontario, has a unique geography in that the community is bisected by the international boundary, and falls within the provinces of Ontario and Quebec, as well as the State of New York. The only route between the two Canadian parts of the Reserve passes through the United States. This unique situation creates inequities between residents of different parts of the Reserve and is burdensome for those residents who must submit to customs procedures when moving within the community.
The Akwesasne Residents Remission Order is intended to restore equity and facilitate the movement of residents with the Akwesasne Reserve. The order remits the duties paid or payable on good for personal use that are imported by residents of the Akwesasne Reserve and on certain goods that are imported by duly authorized community stores for sale to residents of the Reserve for their personal use. It also remits duties on goods imported by the Mohawk Council of Akwesasne, or by an entity authorized by the Council, for use in connection with educational, hospital and social services provided to residents of the Akwesasne Reserve. The order does not grant any privileges to persons other than residents of this unique Reserve nor does it apply at any Customs office other than the Cornwall Customs office.
For more information about the Akwesasne Residents Remission Order Click Here
Why is there an Akwesasne lane?
The Akwesasne Residents lane was negotiated by the Mohawk Council of Akwesasne and the CBSA in order to enable Akwesasne residents to move more efficiently within their own community. The Akwesasne residents lane has been in operation for more than 15 years.
