FROM THE ARCHIVE

Mohawk claim to duty-free rejected

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MAY 25, 2001

A battle over a $361.64 Canadian tax bill has turned into defeat for the Akwesasne Mohawk First Nation, who on Thursday lost an aboriginal claim to import goods from the United States.

Canada's Supreme Court unanimously overturned a lower court ruling which recognized Mohawk rights to duty-free shipping. Chief Justice Beverley McLachlin said the Grand Chief Michael Mitchell didn't prove there was an aboriginal claim to cross-border trade.

The dispute began in 1988 when Mitchell imported 20 Bibles, 10 blankets, used clothing, 10 loaves of bread, butter, milk, six bags of cookies, 12 cans of soup, a case of motor oil and a washing machine. After passing through the border, he was ordered to pay the tax bill and won in two courts.

Get the Case:
Minister of National Revenue v. Grand Chief Michael Mitchell 2001 SCC 33 (Can Sup Ct May 24, 2001)

Get the Story:
Supreme Court rejects Akwesasne Mohawk claim to duty-free imports (AP 5/24)