Seite 276 [276]
OCR
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 +
