Jay Treaty border crossing rights implemented

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The first negotiated, tax-free, monthly border crossing between Canada and the United States at the Sault Ste. Marie international bridge took place Aug. 30 without incident and with hardly any notice, according to Association of Iroquois and Allied Indians spokesman, Chris McCormick.

The association bills the planned crossings as "an exercise of our inherent right to pass through our own First Nation territory free from foreign tax or duty," according to documents provided by McCormick.

The exercise is for First Nation people only, who must identify themselves with their status cards in order to bring tax-free goods into Canada.

Chief Lyle Sayers from Garden River First Nation, and Chief Vernon Syrette from Batchewana First Nation in Ontario, as well as the association (representing eight communities), got the ball rolling by meeting with two customs and immigration representatives July 20. This was the result of seven bands in the North Shore Tribal Council between Sault Ste. Marie and Sudbury, Ont., as well as Ontario Regional Chief, Tom Brissette, urging them to "do more" on the border crossing issue, Syrette said. He pointed out that other jurisdictions such as Akwesasne, Sarnia and Walpole Island have their own agreements in place with the federal government.

They discussed with Canada their rights under the Jay Treaty, signed Nov. 19, 1744 between Great Britain and the United States, and they arranged specific border crossing times in which First Nations could cross the border without harrassment and not pay tax or duty on goods.

"We also coupled that discussion with the rights under Section 35 in the Constitution Act, 1982," Syrette continued, "indicating that the Aboriginal right is there as well; that the borders weren't there for our people in the past.

"It's been a long outstanding issue for the communities of Batchewana and Garden River, because they're right close to the border," Syrette said.

Chief Syrette did not himself participate in the Aug. 30 crossing, but said he heard the event went well. Chief Lyle Sayers said nearby Garden River First Nation did not participate in the Aug. 30 crossing because his people were in the middle of an election campaign.

Until now, border crossing exercises were sporadic events. Syrette said the problems have come more from Canadian officials than American ones, although recent talks with border officials have been congenial.

Sayers says Canada's position is that it never signed the Jay Treaty. "They're allowing us to exercise our right. Of course, we don't look at it that way. We're going to exercise our right regardless if they approve of it or not."

He agrees with Syrette that the recent talks with C. J. Collingridge, director of the client services division, travellers directorate, Revenue Canada and Mary Pontoni, chief of operations for the Sault Ste. Marie international bridge, seemed positive in tone, but no federal decision-makers were at the table.

"I believe they were just trying to appease us because of the Mitchell case," Sayers said, referring to the case, soon to be before the Supreme Court, where Akwesasne's Mike Mitchell crossed the border with community goods and refused to pay duty. "They basically stated they were working on some type of a policy that would include all First Nations across Canada.

"In our particular area, we are in the situation where, for hundreds of years, we have traded with our counterparts across the river here," Sayers said. He added that the First Nations don't want to go to court, but might have to eventually to get their rights fully implemented.

"In the meantime," Sayers said, "we're going to exercise our rights at least once a month."

Syrette said, "Our goal is to get a lane designated and get that recognized on a daily basis. The exercise," he added, "is open to any Aboriginal people that are in the area at the time and are interested in participating and exercising their right."

Other border crossing exercises are panned for Sept. 30, Oct. 29, Nov. 29, Dec. 15 and Dec. 22 this year. Return time is between 5 p.m. and 6 p.m. There will be a specific lane for participants.

The only items banned from the tax- and duty-free crossing are firearms, tobacco, alcohol, motor vehicles, plants, animals and illegal substances.

The same conditions apply right through the year 2000, when the dates for tax- and duty-free crossings at Sault Ste. Marie are set for Jan. 31, Feb. 28, Mar. 3, April 28, May 29, June 21 and 30, July 31, Aug. 3, Sept. 29, Oct. 29, Nov. 3, Dec. 15 and 22.

"I think we've achieved something, although it's not what every one of our people expect, but . . . we do have a calendar now established," Syrette concluded.

The Jay Treaty was struck to provide for the evacuation of British-held posts near the border dividing the British colony that is now Canada from the United States.