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DENISA KRASNA
In his paper from 2017, the Canadian Ministers Special Representative Fred
Caron documents a vast array of issues that need to be resolved, along with some
possible solutions that Indigenous tribes have proposed.** From humiliating
questioning to confiscation of cultural objects to family separation, the border
complicates many lives on a daily basis. Caron affirms that negative profiling
is widespread along the border with Indigenous people facing more scrutiny,
physical searches, and even blatantly racist comments and questions. Even
with proper documentation, Indigenous people often have to convince border
patrol agents of their heritage, especially if they have lighter skin color or do not
conform to the stereotype of a “true Indian.” Looking too Indian or not Indian
enough seem to be similarly problematic for Indigenous border-crossers.
Additional problems arise when Indigenous people are asked to pay customs
duties for their personal goods or trade items. No matter what country they
wish to enter, Indigenous people want to exercise what they view as their
fundamental right. Imposition of duties on all goods and a complete ban of
some items inhibits traditional cultural practices and, in the case of entry to
the US, also breaches the Jay Treaty, which declares that “[n]o duty of entry
shall ever be levied by either party on peltries brought by land, or inland
navigation into the said territories respectively, nor shall the Indians passing
or repassing with their own proper goods and effects of whatever nature, pay
for the same any import or duty whatever” (Article III). As Boos et al. confirm,
the US does not acknowledge this part of the Jay Treaty,” yet again effectively
breaking a historic contract and denying tribes their sovereign status.
A customs search becomes especially problematic in the case of medicine
or spiritual men and respected elders. As Richard Dyar of Aroostook Band of
Micmacs explains, “[s]piritual people have supplies with them, which may look
like contraband and officials rifle through them and this is hard to watch — it's a
sacrilege.”*3 Improper handling of religious regalia is one of the gravest obstacles
to cross-border cultural and spiritual gatherings. For instance, Coast Salish
Spirit Dancers transport masks and other regalia that should only be handled by
the dancers themselves. Closer information about the objects or Spirit Dancing
itself cannot be revealed to border guards who often insist on acquiring detailed
description.** Traditional medicines are also hard to transport across the border
as their effectiveness is often questioned and a scientific explanation difficult
to provide. Many types of plants and animals essential for traditional cultural
practices are banned from import or export altogether.*°
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).
32 Boos — McLawsen — Fathali, Canadian Indians, Inuit, Metis, and Metis, 378.
Starks — McCormack — Cornell, Native Nations, 55.
34 Bruce Miller, qtd. in Starks - McCormack - Cornell, Native Nations, 60-61.
Caron, Report, n.p.n.
* 274 +