Akwesasne eager to see independent border services watchdog established, grand chief says

A dedicated, independent watchdog for the Canada Border Services Agency (CBSA) can't come quick enough for residents of the Mohawk community of Akwesasne, the community's grand chief says.

Abram Benedict estimates his council gets about three to four calls a month from Akwesasne members complaining about CBSA conduct — but under the current system, the only place he can direct them is back to the border guards themselves.

"It's a perceived conflict," Benedict told CBC News.

"CBSA is reviewing their own complaints, and really that's a public confidence matter."

Federal Liberal legislation tabled in May proposes to change that. Bill C-20 would dissolve the current civilian review agency for the RCMP and create a replacement that would also be the first arms-length watchdog devoted to complaints against the CBSA.

Akwesasne straddles the Canada-U.S. border and occupies territory in Ontario, Quebec and New York state. It governs itself through three separate bodies: Benedict's elected Mohawk council in Canada, the St. Regis Mohawk Tribe in the U.S., and the Mohawk Nation Council of Chiefs representing the nation's historic, pre-colonial political system.

Because of that unique geographic and jurisdictional situation, community members deal with Canada's border agents daily, and relations have sometimes been strained.

In 2009, hundreds of Akwesasne residents protested the Canadian government's plan to equip border guards with 9-mm handguns, prompting the CBSA to abandon its post on the territory and relocate to Cornwall, Ont.

In 2019, community members filed a proposed class-action lawsuit against Canada, alleging systemic discrimination and human rights violations by the CBSA. Its allegations have not been tested in court.

Two years later, the CBSA ordered a third-party review of border crossings near Akwesasne, which exposed a litany of problems.

CBSA staff reported instances of harassment, racism, homophobia and fear of reprisal compounded by questionable decision-making and a lack of trust, accountability, transparency. Staff also reported a need for improved training, mental health supports and a safer complaints process, the review says.

Since the 2009 protests, relations have improved slightly, according to the grand chief, but he said the lack of an independent body keeping an eye on these now-armed guards remains a concern.

"Every other agency that carries a firearm has an external oversight body," Benedict said.

"The CBSA should be no different."