Mohawks’ right to freely cross Canada-U.S. border trumped by national security: judge

by Douglas Quan, National Post, October 28, 2015

Federal border officers’ duty to safeguard Canada trumps the right of Mohawks to freely travel their Akwesasne territory that straddles Ontario, Quebec and New York state, a judge has ruled.

Two Akwesasne women had tried to assert an “aboriginal right to mobility to travel freely” within the territory for family or community purposes, and claimed that having to check in at the Cornwall, Ont., port of entry violated their Charter rights.

But in a new ruling, Judge Peter Griffiths of the Ontario Court of Justice said the inconvenience of checking in at the border was minimal and necessary to ensure national security.