Page 271 [271]
JAY TREATY: INDIGENOUS RIGHTS OF FREE CROSS-BORDER PASSAGE...
and undermines Indigenous sovereignty. The formalities of the border crossing
have made it difficult for many nations to maintain cultural and family ties as
well as land relationships that carry significant spiritual and cultural meaning
in most Indigenous cultures.° This paper will compare some of the differences
in border crossing policies and jurisdictions in the US and Canada to show
how the boundary created different histories for Indigenous peoples residing
on opposite sides so close and yet so far from one another.
Several Indigenous nations are situated directly on the boundary and have
to deal with its impacts on a daily basis. These include the Gwitch’in, the
Passamaquoddy, the White River First Nation, Blackfeet/Bloods, Red Lake
Band of Chippewa, Aroostook Band of Micmac, Houlton Band Maliseet, and
the Mohawks of Akwesasne.’ The case of the Akwesasne is particularly complex,
as the residents have to navigate several bureaucratic systems as their nation
lies in Ontario, Quebec, and New York State. Not only do they have to negotiate
with the US and Canadian federal governments but also with all the state and
provincial governments.® Basic social services such as healthcare are especially
affected by this bureaucratic maze. Akwesasne patients receive distinct care
depending on where exactly their permanent residence is and Akwesasne
health-care workers are only allowed to work in clinics located in the province
or state where they were certified.” Border-crossing is also complicated for
Akwesasne members who have to travel extra miles to a single entry point
located in Cornwall to get to other parts of the reserve. Some residents need to
pass through the border patrol agency several times per day in order to go to
work, school, social events, the doctor, or even buy groceries.’
The right to free cross-border passage guaranteed by the Jay Treaty is
essential for Akwesasne residents and many other Indigenous nations residing
on or near the US-Canada border who still remain “marginally involved in
decisions, centrally involved in effects.”!! Even though Indigenous people do
not recognize the US-Canadian border, it has shaped their lives for generations
and, as this paper will show, marked different paths for tribal members residing
on the Canadian and US side of the border, especially during the assimilationist
policies of the late-19" and 20" centuries. Having survived residential schools,
Indigenous tribes are now reuniting with their relatives across the border to
Starks — McCormack — Cornell, Native Nations, 11.
Sara Singleton, Not our borders: Indigenous People and the Struggle to Maintain Shared Lives
and Cultures in Post-9/11 North America, Border Policy Research Institute Publications,
Vol. 106 (2009), 7.
8 Ibid. 8.
Starks — McCormack — Cornell, Native Nations, 15.
Fred Caron, Report on First Nation Border Crossing Issues, Indigenous and Northern
Affairs Canada (2017), https://www.aadnc-aandc.gc.ca/eng/1506622719017/1506622893512
(accessed 2 April 2020).
Starks — McCormack — Cornell, Native Nations, 5.
* 269 +