Tribe set to sue so bridge will open

MASSENA — The Mohawk Council of Akwesasne is going to sue Canadian officials to try to get the Seaway International Bridge reopened.

The tribal government on the Canadian side of the Mohawk reservation announced Friday that it plans to take Minister of Public Safety Peter van Loan and Canada Border Service Agency President Stephen Rigby to court to end the stalemate that has had the bridge closed since May 31.

"The decision to close the Cornwall Port of Entry was obviously taken in haste and is illegal and severely detrimental to the interests of the Mohawks of Akwesasne and the surrounding communities that rely on the bridge," a tribal press release said. "It is also contrary to the mandate of the Canada Border Services Agency to facilitate the free flow of persons and goods through the port of entry."

Neither tribal officials nor CBSA officers could be reached for comment.

The Mohawks want the court to rule that the bridge was closed unlawfully and to order it reopened, without armed customs agents, pending discussions between the tribe and the Canadian government, according to the press release.

The bridge was closed over a dispute between the tribe and the CBSA over arming customs officers with handguns. Hundreds of Mohawks assembled to protest the weekend before the arming was supposed to take place, prompting customs agents to deem the situation unsafe and leave. Under international law, if customs officers leave their post, the bridge must be closed.

Since then, there have been no discussions with Mr. van Loan or Mr. Rigby, though the tribe repeatedly has asked for meetings. Before the closure, there were several meetings between the government and the tribe, however.

The Mohawks contend that arming Canadian agents interferes with tribal sovereignty because the customs building is on tribal land. Complaints have been filed with the Canadian Human Rights Commission, and the tribe says adding guns to the mix would make the situation worse.

Arming CBSA officers has been on the government's agenda for three years. Without the guns, the agency says, its officers cannot properly do their job.

According to Minister van Loan's spokesman, Christopher McCluskey, the Ministry is investigating the "long-term viability of the Cornwall Port of Entry." There also have been suggestions that the minister of Indian affairs, Chuck Strahl, serve as a mediator between the two entities.

Since the bridge closed nearly a month ago, businesses on both sides of the border have been losing money, in some cases thousands of dollars a day. The Cornwall Chamber of Commerce has launched a Web site — www.openourborder.com — where people can send letters to Canadian and American politicians to urge them to get involved in resolving the issue.