Oneida man says Canada 'disrespecting' culture by confiscating his tobacco at Niagara border & More News Here

Karl Dockstader mentioned all he needed to do was carry a carton of tobacco to his cousin.

The Oneida Nation of the Thames man, who lives in Niagara Falls, Ont., mentioned he purchased the about $40 value of tobacco from Seneca One Stop within the U.S. on April 23 earlier than returning to Canada by way of the Rainbow Bridge, however border brokers began asking questions.

Dockstader, a journalist, radio talk-show host and government director of the Niagara Regional Native Centre, mentioned they would not let him carry the tobacco over the border except he paid an obligation tax.

“First off, it’s a traditional item for our people, but secondarily, I have special rights as a First Nations person where I don’t have to pay duty. The customs officer disagreed,” the 42-year-old advised CBC Hamilton in an interview.

Dockstader mentioned he ought to have the proper to journey and help different First Nations communities and companies with out obligation rules infringing on his capability to maneuver freely. 

He highlighted Section 36 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), which covers the proper to proceed financial actions with communities throughout borders, and the Jay Treaty — an settlement signed in 1794 by the U.Okay. and the U.S. that says Indigenous individuals may journey freely throughout the then newly established border. 

Canada has endorsed UNDRIP, however its roadmap to implement it stays in its infancy.

Canada Border Services Agency (CBSA) would not touch upon this particular case as a consequence of privateness rules. But CBSA did say whereas the U.S. honours the Jay treaty, this nation doesn’t as “Canadian courts have ruled that the Jay Treaty was abrogated by the War of 1812.”

Canada ought to honour treaties, lawyer mentioned

Dockstader mentioned the border brokers have been pleasant, however advised him it wasn’t well worth the trouble of making an attempt to carry the tobacco throughout the border with out paying a price, which he felt was disrespectful.

He mentioned he ended up leaving with out the tobacco and never paying the $72 price, however added this is not concerning the cash or the tobacco.

“It represents a much larger what I would call disrespect that Canada is giving to First Nations people. I think it’s rude treatment,” he mentioned.

Sara Mainville, a companion with JFK Law LLP primarily based in Toronto and an Anishinaabe girl from Couchiching First Nation, is not representing Dockstader, however was requested by CBC to touch upon what he says he skilled.

She mentioned she agrees with him.

“One of the things we’ve always been faced with is to prove our rights because Canada is ignoring these treaties for such a long time.”

Mainville mentioned treaties are half of a complete historic relationship.

While Indigenous individuals keep in mind pacts just like the Jay Treaty, Canada ignores a few of them, she mentioned.

“The Jay Treaty is one of the things that cemented a strong relationship such that Indigenous peoples were military allies of what would become Canada,” Mainville mentioned.

“You can’t just pick and choose what obligations you’re going to [honour], it’s part of this relationship and that’s the whole idea of reconciliation.”

Mainville additionally mentioned the tobacco is not merely a carton of cigarettes.

“The tobacco itself is something that is very instrumental in relationships, and trading and treaties itself, the sharing of tobacco. That’s symbolism that I don’t think is lost upon Mr. Dockstader and shouldn’t necessarily be lost on Canada,” she mentioned.

Dockstader mentioned the tobacco he was advised to pay obligation for “was not our sacred Oyu:kwa [green tobacco], but commercial tobacco is still used in ceremony, and even if it’s for smoking, it’s still a traditional item.”

He mentioned he will not pay the advantageous and is preventing to get the tobacco again.

“I would love it if some of the Canadian officials would walk their talk on reconciliation and just give us our rights to freely cross the border with our personal items back.”

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