MOHAWK WOMEN FILE ‘DEMAND’. CANADA MUST RESPECT THE “RULE OF LAW”.
MNN. Aug. 4, 2008. The following “Letter of Demand” was sent to the Attorney General of Canada. We are reminding them to fulfill their obligation to us as our historic allies to protect our rights. Canada Border Services Agents has illegally erected facilities in the midst of our community of Akwesasne and is illegally interfering with our right to live peacefully among our people. In particular, criminal assaults have been conducted against members of our community, including the assault against Kahentinetha and Katenies on June 14th 2008 at the “Cornwall Ontario” check point. According to the Canadian Constitution Canada is governed by the rule of law and everyone is equal before the law. This means that Canadian officials must obey the law, just like everyone else. When they commit an assault they should be charged with an assault under the Criminal Code just like anyone else who commits an assault. According to Federal Court of Canada rules, the Attorney General must answer this letter by August 22, 2008.
LETTER OF DEMAND
Date: July 23, 2008
WITHOUT PREJUDICE
TO: Hon. Robert Douglas Nicholson
Minister of Justice & Attorney General of Canada
284 Wellington Street, Ottawa, Ontario K1A 0H8
613-941-6900 nicholson.r@parl.gc.ca
TAKE NOTICE THAT ON JUNE 14, 2008, KAHENTINETHA AND KATENIES, MEMBERS OF THE KANION’KE:HAKA/MOHAWK NATION, WERE ASSAULTED, BRUTALIZED, ARRESTED AND DETAINED ILLEGALLY AT THE CORNWALL BORDER.
The following are the facts giving rise to this incident.
1. On June 14, 2008 Sakowaiaks and Kahentinetha went to Akwesasne to pick up Katenies. Kahentinetha is a 68 year old grandmother. Katenies is 43 years old and also a grandmother.
2. At approximately 2:00 pm they were passing through the Canadian border control on the Cornwall portion. Akwesasne is a small community. The Canada-U.S. border has been placed in the middle of the Mohawk community. The people have to cross the border many times a day for groceries or to visit relatives.
3. Katenies, Kahentinetha and Sakowaiaks went through the border and were told to wait under the canopy. They sat there peacefully for an hour surrounded by guards. Some Mohawk elders showed up to witness. Several other vehicles were searched and released. Only Indigenous people were stopped. Eventually a platoon of about a dozen guards marched towards the car, all wearing leather gloves, flack jackets and all kinds of equipment hanging about their waist. One officer, Maurice Saucier [Badge #16121], was on the cell phone throughout directing operations during the attack on Kahentinetha and Katenies.
4. At approximately 3:00 pm Katenies was dragged violently from the back seat of the car by a gang of hefty young men and women. They knocked her down, pinned her to the ground, and forced their knees into her head and back. They handcuffed her and smashed and rubbed her face into the pavement. Sakowaiaks still remembers the sound of flesh hitting the pavement. She received bleeding scrapes and bruises on her face, shoulders, arms and legs. Katenies’ was taken into the customs building and later to Ottawa. She was not given any medical attention. She was not allowed to call her mother and her mother was not permitted to see her or speak to her. Katenies was held incommunicado for three days until she appeared in Cornwall court on June 17, 2008.
5. There were no warrants or charges out for Kahentinetha. Her ID and car keys had already been taken. Katenies’ has not been returned. Also missing are documents that were in the trunk and the shoes taken from Kahentinetha’s feet.
6. It was only after the assault on Katenies began that Kahentinetha was ordered to get out of the car. She saw what they were planning to do to her. Kahentinetha heard Maurice Saucier tell the other agents to “Take her out”. On June 14th 2008 she was afraid for her life if she got out of the car. She was right and continues to be afraid.
7. She was handcuffed, assaulted and imprisoned. Once in the cell, the attack continued. Some of the officers deliberately tightened the handcuffs she was wearing several times. This cut the circulation to her hands. The pain shot up her arms and she experienced flashes of light and pains in the middle of her chest and back. She cried for help. The guards ignored her and tightened the handcuffs more. They yelled threats at her and kept ordering her to bend down. A man stood behind her and had his hands on her pants. She received scrapes and bruises on her arms and legs.
8. Frank Horn, a Cornwall lawyer, and his son Kanatase, happened to be waiting in the line at the border. [613-935-8882]. They wouldn’t let him see his sister, Kahentinetha, until they took off the cuffs and gave her a chair to sit on. When he saw her, he immediately insisted on calling an ambulance. The Akwesasne Police stood and watched in silence. The ambulance took her to Cornwall Community Hospital and the Ottawa Ontario Heart Institute. She remained in hospital for 5 days in the trauma unit and intensive care unit. Since that time she had a relapse and was hospitalized at the Anna Laberge Hospital in Chateauguay Quebec.
9. The medical record confirms that despite excellent physical condition Kahentinetha had a trauma induced heart attack. Her recovery will take a long time. Part of her heart was killed. Her health will never be the same. Both women are now recuperating in the company of their children and grandchildren.
10. None of these women is associated with any kind of criminal activity.
11. The video footage of the assaults on Kahentinetha and Katenies on June 14th 2008 have been confiscated by Canada‘s Department of “National Defense”. We are informed the only way to obtain these videos is to “waive our rights”. .
12. Some of the CBSA officers had the following badge numbers: 17012; 16320; 16511; 16121; and 16275; Some of those involved and responsible for border issues are Alain Jolicoeur, President of CBSA 613-952-3200; Lance Markel, District Director CBSA 613-930-3234; Hon. Stockwell Day, Public Safety & Emergency Preparedness 613-995-1703 day.s@parl.gc.ca; Dave MacKenzie, Parliamentary Secretary, Public Safety, 613-995-4432 mackenzie.d@parl.gc.ca; Akwesasne Mohawk Police 613-575-2250 ext. 2400; and Louis Mitchell, Mohawk Security 613-932-5183, 613-575-2340;
DEMAND FOR RELEASE:
14. The individuals who assaulted the three women must be charged, tried and punished.
15. Full and complete undoctored copies of the video footage of this event.
16. Full disclosure of all files and official communications concerning the cases of Kahentinetha and Katenies.
17. $10 million for physical, psychological and punitive damages and such other relief as this court may deem fit.
Deadline for settlement:
18. An order that all Canadian government agencies will respect the time delays set out in the rules of court.
From:
Kahentinetha, Bear Clan __________________ kahentinetha2@yahoo.comj
Katenies, Bear Clan ______________________ katenies20@yahoo.com
% Box 991, Kahnawake, Quebec, Canada J0L 1B0, 450-635-9345
Address for service: for the purposes of this proceeding only, service to be made % Julio Peris, 625 Rene-Levesque West, Suite 900, Montreal Quebec H3B 1R2 – 514-933-4656 Fax 514-933-9587.
PLEASE NOTE : As can be seen, it’s becoming critical for legal actions to be taken to protect our rights. We have no funds. Canada is hiring costly law firms to suppress our rights. If you can donate anything to our cause, it will be greatly appreciated. Donate to: PayPal, www.mohawknationnews.com, or “MNN Mohawk Nation News”, Box 991, Kahnawake [Quebec, Canada] J0L 1B0. Nia:en/Thank you very much.
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