The Mohawk flag, in red, and the Haudenosaunee flag, in purple, can be seen flying over the "Three Nations Crossing" station at the border between the United States and Canada. Photo by Dominic Labbe via Wikipedia

Two Mohawk women who live in the United States can't freely cross the border into Canada even though checking in with agents is "disruptive," a judge ruled earlier this month.

Alicia Shenandoah and Elaine Thompson live on the reservation of the St. Regis Mohawk Tribe in New York. Like many Mohawks, they maintain familial, cultural, economic and other ties to the Canadian side and frequently cross the border, sometimes more than once a day.

Long lines and delays at border crossing stations are "very inconvenient" to Mohawks, Judge Peter Griffiths of the Ontario Court of Justice acknowledged in his October 2 decision. But he said putting up with them is necessary in the interests of national security.

"I find that the minimal intrusion involved in requiring people entering Canada, including the Mohawks of Akwesasne, to report in person at the Port of Entry is entirely consistent with the principles of fundamental justice when balanced against the societal interest in maintaining the integrity of Canada’s borders," Griffiths wrote. "This is for the protection of all Canadians, including the Mohawks of Akwesasne."

Shenandoah and Thompson tried to claim an aboriginal right to cross because the St. Lawrence Iroquoians lived on both sides of the border. But Griffiths said there is no evidence that proves either the St. Regis Mohawk Tribe or the Mohawk Council of Akwesasne acquired those rights.

"At the time of contact, there is no evidence of regular crossing of the St. Lawrence River in the vicinity of Akwesasne by Mohawk," the decision stated.

Although the issue remains a matter of academic debate, the St. Lawrence Iroquoians are believed to have gradually been absorbed by other tribes in the U.S. and other First Nations in Canada.

Get the Story:
Mohawks’ right to freely cross Canada-U.S. border trumped by national security: judge (The National Post 10/29)