Akwesasne Class Action

The Statement of Claim alleges that Akwesasne domestic travelers have been repeatedly and frequently subjected to unwarranted and unethical interrogation, detention, searches, and seizures of personal property by the Canadian Border Services Agency (“CBSA”) since 2012. The Statement of Claim alleges that the Attorney General of Canada and the CBSA have been systematically negligent in their civil responsibilities, have breached their fiduciary duties to the Plaintiff and Proposed Class, and have violated the Plaintiffs’ and Class Members’ Charter rights.

Background

In 2009, the Government of Canada decided to suddenly move the Canadian Port of Entry from Cornwall Island to the mainland in the City of Cornwall. About three years later, in 2012, the Canadian Government amended the Customs Act (Section 99.5) to cover what it termed “a mixed traffic corridor”; namely, a site that included the presence of both persons who were travelling within Canada (domestic travelers), and travelers arriving in Canada from the United States. It is worth noting that Cornwall is the only Port of Entry that the Canadian government has designated as a “mixed traffic corridor”.

The decision to relocate the Port of Entry to Cornwall has impacted the lives of Akwesasne residents in immensely negative ways. The residents must travel daily between Cornwall Island and the City of Cornwall to carry out a variety of ordinary and necessary activities—such as travelling to work, shopping, taking their children to school, and attending appointments and meetings. Due to the disruption the Port of Entry has caused, the Akwesasne residents are moving from one part of Ontario to another—similar to the way that Toronto Islands residents do when they travel to mainland Toronto.

As one of the firms representing class members in the suit, Gluckstein Lawyers is dedicated to representing our clients of the Akwesasne community so that they might receive the justice they deserve. Every person, no matter their background, is entitled to live in a way which respects their dignity, and which provides them reasonable access to their surrounding communities and necessary services. As part of our promise of full-circle care, we are ready to see this suit through so that the rights and integrity our clients are due are restored through appropriate resolution.

In The News

For further information, please read the Yahoo News article concerning the Akwesasne Class Action suit.

Yahoo

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