Jay Treaty Border Alliance disappointed by Canada’s new travel advice for First Nations
CBC
A group advocating on behalf of Indigenous people who cross the Canada-U.S. border says it’s disappointed by new travel advice from the federal government.
Canada updated its travel advice about the United States last week and recommended First Nations people in Canada carry Canadian passports in addition to secure status cards when crossing the border.
Chiefs of Ontario Regional Chief Abram Benedict is one of the co-chairs of the Jay Treaty Border Alliance, which works to advance and protect the right of Indigenous people to freely cross the Canada-U.S border.
"I just don't agree that Canada says identify as Canadian and you'll have a better life because that's irresponsible," said Benedict.
Benedict said Canada did not consult with the Jay Treaty Border Alliance before putting out its updated travel advice.
Under the Jay Treaty, signed in 1794 between U.S. and Great Britain, "American Indians" who were born in Canada can freely enter the United States for travel, studies, employment, retirement and immigration.
Benedict said sometimes people with a Canadian passport get denied entry to the U.S. but a First Nations person with 51 per cent blood quantum cannot be denied entry, under the Jay Treaty.
"The use of a passport really fundamentally goes against the exercise of inherent jurisdiction and sovereignty of First Nations people to cross the border freely," said Benedict.
Benedict said many First Nations people cross the border for cultural and traditional ceremonies and to see family.
Benedict said the Jay Treaty Border Alliance is working to ensure local First Nations leadership makes relationships with customs stations on both sides, so if any situation arises they can make some decisions on what to do.
Benedict said relationship building is important as many of the border stations hire new officers often and they may not always know which First Nations or tribal citizens are nearby.
Benedict said the Jay Treaty Border Alliance is continuing to lobby Canada to recognize the treaty, so tribal citizens born in the United States would have the right to enter Canada. Canada considers the Jay Treaty cancelled by the War of 1812 and it was never codified in Canadian legislation.
Benedict said the organization is also advocating for the U.S. government to remove the requirement of a letter proving 51 per cent blood quantum, which he said is archaic legislation that no other nationality has to provide.
"Our people will continue to be in existence in our territories, taking care of our land long after these administrations change going down the road," said Benedict.
