Latest news with #JayTreaty
Hamilton Spectator
19 hours ago
- Politics
- Hamilton Spectator
MCK Grand Chief returns from diplomatic mission to Washington with Jay Treaty Border Alliance
Mohawk Council of Kahnawake Grand Chief Cody Diabo has returned from a two-day diplomatic visit to Washington, D.C. last week, as part of the Jay Treaty Border Alliance (JTBA) delegation. Diabo said the delegation met with a bipartisan group of U.S. lawmakers, including congressional representatives, members of the House and Senate Judiciary Committees, and the Deputy Assistant Secretary of Homeland Security, to advocate for changes to the U.S. Immigration and Nationality Act (INA). The JTBA is calling for the removal of a clause in the INA that requires individuals to prove at least 50 percent 'American Indian blood' in order to exercise cross-border rights under the Jay Treaty. Diabo argued that the blood quantum requirement is outdated and does not reflect how identity and membership are defined within the Kanien'kehá:ka Nation today. 'Kahnawake doesn't go by blood quantum anymore; we go by lineage,' Diabo said. 'So, it counteracts our law that we've established as a community.' The JTBA delegation presented a proposal to amend the INA by replacing the blood quantum requirement with recognition based on U.S. tribal membership, Indian status under Canada's Indian Act, or membership within a self-governing First Nation. Diabo said these changes are long overdue, stressing that Indigenous peoples are the only group still legally defined by blood quantum. 'Why are we still being scrutinized to this level?' Diabo asked. 'We determined who our members are. A simple notice or letter saying they're a member of our community should suffice, rather than saying they need 50 percent [Indigenous blood] or more in order to cross the border.' In the end, Diabo says that all the parties he met with during his visit last week appeared very receptive to the idea this time. The JTBA is a grassroots coalition of intertribal and First Nations leaders advocating for the right of Indigenous peoples to live, work and travel freely across the Canada–U.S. border. The group takes its name from the 1794 Jay Treaty between the U.S. and Great Britain, which forms the legal basis for Indigenous border-crossing rights recognized in the INA. But according to Thomas Deer, historical and cultural liaison for the Kanien'kehá:ka Onkwawén:na Raotitióhkwa Language and Cultural Center, the treaty did not create that right — it merely recognized it. 'Our rights derived from the inherent sovereignty vested in the Kanien'kehá:ka Nation and the Rotinonhsión:ni Confederacy, and the treaty relationships we've forged with the colonists - such as the Two Row Wampum and the Covenant Chain,' Deer said. 'As a distinct and sovereign Onkwehón:we nation, we have the inherent right to freely travel and trade throughout this entire continent.' Still, Deer admitted, 'it is a useful tool for border crossing.' Considering the significant impact and ramifications of the Jay Treaty, Deer urged young people to learn their history and understand where their rights come from, as both the U.S. and Canada continue to chip away at those rights. 'Our young people should become well acquainted with our history and understand where our rights come from so that they have the ammunition to fight back against the United States and Canada when they refuse to recognize our rights and freedoms,' Deer said. 'Ultimately, our rights and freedoms come with a heavy burden of responsibility - a responsibility that is rooted in our worldview as Onkwehón:we.' Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
Hamilton Spectator
7 days ago
- Politics
- Hamilton Spectator
Alliance brings border message to Washington
The Jay Treaty Border Alliance brought a narrow focus to the capital of the United States this week, demanding the country end blood quantum requirements for border-crossing rights and respect that it is up to First Nations to determine their own membership. 'The issue is other people tend to make it about an immigration issue, a border security issue. It's not about a border security issue. We're simply saying remove the blood quantum requirement from the legislation,' said Mohawk Council of Kahnawake chief Cody Diabo, who was part of the delegation to Washington, DC. The Alliance exists to advocate for the recognition of border-crossing rights as guaranteed by the 1794 Jay Treaty between Great Britain and the United States, which acknowledges the prerogative of Onkwehón:we to freely traverse the colonial border. However, the US requires that the individual demonstrate they are 'at least 50 percent of the American Indian race,' whether through ministry documentation or a letter from the band along with other evidence. 'Many of the First Nations determine our memberships based more on lineage, and we don't do blood quantum anymore,' said Diabo. 'It's kind of ironic because right now First Nations people are the only ones who get judged based off their blood quantum. Everyone else from the past, whether of Asian descent, or any others, that's all been removed from US legislation except for First Nations people.' The delegation, which included officials representing Indigenous communities from both sides of the border, met with staffers working for elected Republicans and Democrats as well as Sara Perkins, who is deputy assistant secretary at the Office of Intergovernmental Affairs under the US Department of Homeland Security. While the new US administration under president Donald Trump has earned a reputation for being hostile to those it does not view as Americans, Diabo said a heightened degree of difficulty exercising Jay Treaty rights has been a couple years in the making, overlapping with the latter part of former US president Joe Biden's term. Diabo said he was optimistic that US officials were open to what the delegation had to say. He explained to them that communities like Kahnawake built skylines in the US and have a history of joining the US Armed Forces. 'I referenced my grandfather who was in the Navy, who lied about his age and signed up at 16 after Pearl Harbor was attacked, and it never seemed like a problem then, when they needed something from us,' said Diabo, who felt this message was well received. Meanwhile, he said, officials from the Department of Homeland Security signalled a desire to keep the conversation going with technical tables and that one of the department's advisors, who is Lakota, showed particular interest in ensuring the discussion doesn't get sidelined. 'Overall, there were a lot of positive things that happened. Hopefully I can report back in a couple weeks or maybe by midsummer to see what kind of progress there's been,' he said. In terms of the government on this side of the border, Diabo said it is still essential that Canada recognize the Jay Treaty as the US and Great Britain do, adding that prime minister Mark Carney's welcoming of King Charles for the throne speech should come with a willingness to acknowledge the validity the agreement, which predates Canadian Confederation. marcus@ Marcus Bankuti, Local Journalism Initiative Reporter Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
Hamilton Spectator
13-05-2025
- Business
- Hamilton Spectator
Indigenous entrepreneurs explore 231-year old treaty as a way around US tariffs
A First Nations trapper and entrepreneur is using his rights under a 231-year-old treaty to run his business across the US-Canada border without a visa, and other Indigenous business owners are also now using this legal pathway to bypass rising US tariffs and trade restrictions. George Bahm, a member of the Teslin Tlingit Council, and his wife expanded their business, Wild Yukon Furs, into the US in 2022. They sell fur jewellery and handmade goods sourced and created in their Yukon facility to tourists in Skagway, Alaska — a popular stop for international and domestic visitors during the busy cruise season. 'Most of the time, they just ask for my Canadian status card, and then, away I go. It's super simple,' Bahm said, who crosses the border regularly using his Native Alaskan heritage under the 1794 Jay Treaty. Balm and his mother were born in Yukon, and his great-grandparents have Alaskan lineage. 'All my life, I've known that Alaska is one of our trading partners,' said Bahm. With the help of a lawyer, he secured his right to live and work in the US indefinitely under the treaty, allowing him to expand his business across the border. His wife, who is Canadian and non-Indigenous, had to apply for an investor visa to join him. 'The Tlingit have been travelling from the coast to the interior for 10,000 years,' Bahm said. 'Colonial borders tried to cut off our access, our identity. It's important to exercise that right and privilege to trade across the coast.' While Bahm mainly uses the Jay Treaty for business mobility, the treaty is gaining momentum as a means to counter tariff tensions. The treaty, signed in 1794 between the US and Great Britain, guarantees Indigenous Peoples on both sides of the border the right to freely move, work and live — recognizing trade networks that existed before borders were imposed without Indigenous consent. Many Indigenous entrepreneurs are now seeking to revive those networks. In British Columbia, Larry Johnson, president of Nuu-chah-nulth Seafood LP and a member of the Huu-ay-aht First Nations, is exploring how to use the treaty to bypass trade barriers and sell Indigenous seafood to US-based casinos, which are eager to buy from Canadian Indigenous communities. 'We can see if there's a way we could breathe life into the Jay Treaty in a modern context, and be free of any kind of tariffs, but based on relationships between two nations,' Johnson said. Some believe that operationalizing the Jay Treaty could help establish an Indigenous trade network independent of both Canada and the United States. 'If you fly over Turtle Island [an Indigenous name for North America], you're not just seeing highways — you're seeing Indigenous trade routes that have been in place for thousands of years,' said Carol Anne Hilton, CEO and founder of the Indigenomics Institute. 'That trade system never disappeared. It's just never been part of the dominant narrative.' The routes are based not on Western models of trade, but on pre-colonial relationship-based systems that stretch back thousands of years, said Hilton. While the US has set guidelines allowing Canadian-born Indigenous people with at least 50 per cent Aboriginal ancestry to live, work, and cross the border without visas or green cards, the treaty provision is not in force in Canada, and the Supreme Court of Canada confirmed in 1956 that the treaty is not recognized as Canadian law. Subsequent court cases have also rejected cross-border mobility or commerce rights based on it. That doesn't mean Indigenous Peoples in Canada aren't willing to see how it can be put into practice. 'It's an opportune time to test that practice and take it to scale,' said John Desjarlais, executive director of the Indigenous Resource Network. Canada's wealth and GDP are deeply connected to First Nations' land and natural resources that fuel industries and sustain communities on both sides of the border. Their contribution to the economy already totals $56 billion , with Indigenous-owned businesses growing rapidly in sectors like clean energy and critical minerals. 'First Nations need a full seat at that table, particularly now more than ever before,' said Cindy Woodhouse, national chief of the Assembly of First Nations in an interview with Canada's National Observer. Woodhouse said despite their contribution, Indigenous communities have been consistently left out of economic discussions that impact their stewardship of lands and resources. 'We've experienced the absence of our self-determination. We've experienced the absence of our sovereignty and the rebuilding of nations,' Hilton said. 'Indigenous people should be represented at this moment as powerful economic agents.' Legal recognition and evolution of Indigenous rights have created the conditions for Indigenous inclusion in national and international trade, such as the UNDRIP , which mandates free, prior, and informed consent on matters that affect Indigenous territories and governance, said Hilton. Woodhouse is holding regular meetings with US tribes to discuss economic relationships and addressing the impacts of trade barriers. 'We can support each other in navigating this new era of US colonialism,' said Woodhouse. 'Dismantle trade barriers within Canada, close long-standing infrastructure gaps, and develop trade relations around the globe.' While Bahm and his wife Vanessa Aegirsdottir's business has remained unaffected by the tariffs so far, uncertainty still looms as they head to Alaska for the busy season. 'There's no playbook for how to do this, which is unfortunate, because this border is much younger than the trade relationship between Canada and the US,' Aegirsdottir said. Aegirsdottir said the process of qualifying for the treaty is convoluted. Bahm had to prove his ancestry through a blood quantum system. The process may be more difficult for some Indigenous people — particularly residential school and Sixties Scoop survivors who may not have access to the necessary documentation. 'It would be nice to see a process enacted that makes it much simpler and more accessible for trade routes to be honoured and utilized on a regular basis, as they would have been before contact and before these borders were implemented,' Aegirsdottir said. Sonal Gupta / Local Journalism Initiative / Canada's National Observer
National Observer
12-05-2025
- Business
- National Observer
Indigenous entrepreneurs explore 231-year old treaty as a way around US tariffs
A First Nations trapper and entrepreneur is using his rights under a 231-year-old treaty to run his business across the US-Canada border without a visa, and other Indigenous business owners are also now using this legal pathway to bypass rising US tariffs and trade restrictions. George Bahm, a member of the Teslin Tlingit Council, and his wife expanded their business, Wild Yukon Furs, into the US in 2022. They sell fur jewellery and handmade goods sourced and created in their Yukon facility to tourists in Skagway, Alaska — a popular stop for international and domestic visitors during the busy cruise season. 'Most of the time, they just ask for my Canadian status card, and then, away I go. It's super simple,' Bahm said, who crosses the border regularly using his Native Alaskan heritage under the 1794 Jay Treaty. Balm and his mother were born in Yukon, and his great-grandparents have Alaskan lineage. "All my life, I've known that Alaska is one of our trading partners," said Bahm. With the help of a lawyer, he secured his right to live and work in the US indefinitely under the treaty, allowing him to expand his business across the border. His wife, who is Canadian and non-Indigenous, had to apply for an investor visa to join him. 'The Tlingit have been travelling from the coast to the interior for 10,000 years,' Bahm said. 'Colonial borders tried to cut off our access, our identity. It's important to exercise that right and privilege to trade across the coast.' While Bahm mainly uses the Jay Treaty for business mobility, the treaty is gaining momentum as a means to counter tariff tensions. 'We can support each other in navigating this new era of US colonialism,' said Cindy Woodhouse. 'Dismantle trade barriers within Canada, close long-standing infrastructure gaps, and develop trade relations around the globe.' The treaty, signed in 1794 between the US and Great Britain, guarantees Indigenous Peoples on both sides of the border the right to freely move, work and live — recognizing trade networks that existed before borders were imposed without Indigenous consent. Many Indigenous entrepreneurs are now seeking to revive those networks. In British Columbia, Larry Johnson, president of Nuu-chah-nulth Seafood LP and a member of the Huu-ay-aht First Nations, is exploring how to use the treaty to bypass trade barriers and sell Indigenous seafood to US-based casinos, which are eager to buy from Canadian Indigenous communities. 'We can see if there's a way we could breathe life into the Jay Treaty in a modern context, and be free of any kind of tariffs, but based on relationships between two nations,' Johnson said. Ancient trade routes Some believe that operationalizing the Jay Treaty could help establish an Indigenous trade network independent of both Canada and the United States. 'If you fly over Turtle Island [an Indigenous name for North America], you're not just seeing highways — you're seeing Indigenous trade routes that have been in place for thousands of years,' said Carol Anne Hilton, CEO and founder of the Indigenomics Institute. 'That trade system never disappeared. It's just never been part of the dominant narrative.' The routes are based not on Western models of trade, but on pre-colonial relationship-based systems that stretch back thousands of years, said Hilton. While the US has set guidelines allowing Canadian-born Indigenous people with at least 50 per cent Aboriginal ancestry to live, work, and cross the border without visas or green cards, the treaty provision is not in force in Canada, and the Supreme Court of Canada confirmed in 1956 that the treaty is not recognized as Canadian law. Subsequent court cases have also rejected cross-border mobility or commerce rights based on it. Renewed interest That doesn't mean Indigenous Peoples in Canada aren't willing to see how it can be put into practice. 'It's an opportune time to test that practice and take it to scale," said John Desjarlais, executive director of the Indigenous Resource Network. Canada's wealth and GDP are deeply connected to First Nations' land and natural resources that fuel industries and sustain communities on both sides of the border. Their contribution to the economy already totals $56 billion, with Indigenous-owned businesses growing rapidly in sectors like clean energy and critical minerals. 'First Nations need a full seat at that table, particularly now more than ever before,' said Cindy Woodhouse, national chief of the Assembly of First Nations in an interview with Canada's National Observer. Woodhouse said despite their contribution, Indigenous communities have been consistently left out of economic discussions that impact their stewardship of lands and resources. 'We've experienced the absence of our self-determination. We've experienced the absence of our sovereignty and the rebuilding of nations,' Hilton said. 'Indigenous people should be represented at this moment as powerful economic agents.' Legal recognition and evolution of Indigenous rights have created the conditions for Indigenous inclusion in national and international trade, such as the UNDRIP, which mandates free, prior, and informed consent on matters that affect Indigenous territories and governance, said Hilton. Woodhouse is holding regular meetings with US tribes to discuss economic relationships and addressing the impacts of trade barriers. 'We can support each other in navigating this new era of US colonialism,' said Woodhouse. 'Dismantle trade barriers within Canada, close long-standing infrastructure gaps, and develop trade relations around the globe.' While Bahm and his wife Vanessa Aegirsdottir's business has remained unaffected by the tariffs so far, uncertainty still looms as they head to Alaska for the busy season. 'There's no playbook for how to do this, which is unfortunate, because this border is much younger than the trade relationship between Canada and the US,' Aegirsdottir said. Aegirsdottir said the process of qualifying for the treaty is convoluted. Bahm had to prove his ancestry through a blood quantum system. The process may be more difficult for some Indigenous people — particularly residential school and Sixties Scoop survivors who may not have access to the necessary documentation. 'It would be nice to see a process enacted that makes it much simpler and more accessible for trade routes to be honoured and utilized on a regular basis, as they would have been before contact and before these borders were implemented,' Aegirsdottir said.
Yahoo
25-04-2025
- Politics
- Yahoo
Daines chains the old Trump anvil around his neck
U.S. Sen. Steve Daines (R-Montana) speaks at a rally in Bozeman in support of Senate candidate Tim Sheehy and former President Donald Trump on Aug. 9, 2024. (Photo by Blair Miller, Daily Montanan) Montana's now-senior senator, Steve Daines, was bubbling at the the post from Donald Trump offering him his 'complete and total endorsement' for his re-election campaign. While there's no doubt Daines has been living in the highly-confined atmosphere of the DC MAGA bubble, he might just want to check old Donald's latest polls, approval levels, disapproval levels, and massive failures on the economic and international scene before he ties that particular anvil around his neck. In short, this chaos-inducing president is setting new records alright — for the lowest approval ratings of any president in modern history at the 100-day level of his term. Although this is supposed to be the 'honeymoon' period for a new president, it's fair to say the honeymoon is over for The Donald — and the American public is wondering what it's going to take to get a divorce from 'the world's biggest clown and most economically incoherent president ever.' But hey, don't take my word for it, how's about some stats from 'fair and balanced' Fox News on where their once-favorite president now stands according to their latest poll. Simply put, Trump's numbers are underwater and sinking fast with a new low of 38% approval, 56% disapproval on the economy; 33% to 59% disapproval on inflation; 33% to 58% disapproval on tariffs; 40% to 54% disapproval on foreign policy; 38% to 53% disapproval on taxes and even a 41% to 44% disapproval on guns. His dubious 'high point,' on immigration, is 47% approve and 48% disapprove. As bad as they are, those rather shocking numbers coming from MAGA's 'safe' Fox News bunker aren't as low as other polls. Then there's the rest of the world. As Canadian farmer Peter Hamilton summed it up: 'The biggest thing in Canada is we have friends all over the world. How many friends does America have right now?' Seems the threats and rants have provided good reasons to find other trading partners — and let the U.S. go down its dead-end street of isolationism and protectionism. In short, China is laughing at us since the total exports to the U.S. were about 15% of their exports and are expected to drop by 77% in 2025. Meanwhile, Chinese exports to North America (without the U.S.) are expected to surge by 25%. No surprise to anyone except the White House that the rest of the world is more than happy to buy Chinese goods — from electric vehicles to just about everything else on the shelves these days. Closer to home, those same tariffs and attempts to paint our centuries-long friends in Canada as our enemies, are not making Montanans happy. Blackfeet tribal members have already filed a lawsuit challenging the tariffs since 'the Jay Treaty signed in 1794, ratified by Congress and signed into law by then-President George Washington, which exempted tribes along the United States-Canadian border from being taxed or levied on goods between the nations.' Now, the Montana Farmers Union has joined that lawsuit — which also challenges the president's authority to impose tariffs since that right is constitutionally reserved to Congress. When Montana's farmers and ranchers can't sell their grains and livestock all over the world there's trouble with a capital 'T' brewing under the Big Sky. Daines may be thrilled that the bully on the playground claims to be his friend. But that might not work out so well when that bully is responsible for massive job losses, stocks crashing, retirement savings disappearing, and the inability for Montanans to sell goods abroad — especially with 19 more months of chaos and failures before the next election.
