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Cablegate: Ontario First Nations Frustrated with Whti

VZCZCXRO1893
RR RUEHGA RUEHHA RUEHQU RUEHVC
DE RUEHON #2912 3451428
ZNR UUUUU ZZH
R 111428Z DEC 06
FM AMCONSUL TORONTO
TO RUEHC/SECSTATE WASHDC 1728
INFO RUEHOT/AMEMBASSY OTTAWA 1442
RUCNCAN/ALL CANADIAN POSTS COLLECTIVE
RUEAHLC/HOMELAND SECURITY CENTER WASHDC

UNCLAS TORONTO 002912

SIPDIS

SENSITIVE
SIPDIS

E.O.12958: N/A
TAGS: PGOV KTIA PBTS CA
SUBJECT: ONTARIO FIRST NATIONS FRUSTRATED WITH WHTI


Sensitive But Unclassified - protect accordingly.

1. (SBU) Summary: Representatives of the Association of Iroquois
and Allied Indians (AIAI) expressed concern to conoff and poloff on
December 1 about how implementation of the Western Hemisphere Travel
Initiative (WHTI) at the land border would affect the ability of
Canadian First Nations members to enter the U.S. Considerable
confusion exists among First Nations as to what documentation will
be required. AIAI chiefs suggested that First Nations should be
allowed to produce their own documentation in lieu of a passport or
a Canadian version of the "passcard." Conoff noted that U.S. or
Canadian passports are the easiest to obtain and are the most secure
method of documenting citizenship and identity for border crossing
purposes. While the assembled chiefs thought USG outreach efforts
on WHTI were inadequate, they also reported that Canadian government
outreach to First Nations on the issue is practically nonexistent.
End Summary.

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2. (SBU) The AIAI chiefs, who collectively represent the largest
First Nations organization in Ontario, reported that they and their
membership remain confused as to how the WHTI would affect their
right to free transit across the U.S.-Canadian border. Conoff
responded that while U.S. law and the Jay Treaty allow certain First
Nations and Native Americans free passage across the border, neither
law nor treaty exempt them from documentation requirements. He
noted that U.S. or Canadian passports are the easiest to obtain and
are the most secure method of documenting citizenship and identity
for border crossing purposes. Poloff and conoff explained that the
U.S. plans to begin issuing a secure passport card to U.S. citizens
and encouraged the chiefs to work with the Canadian federal
government regarding an equivalent, or alternatively, to explore the
possibility of a secure passport-equivalent version of the Canadian
First Nations status card. The chiefs reacted coolly to this
suggestion, arguing that their tribes should be treated as sovereign
nations capable of producing their own documentation. Conoff did not
respond to this suggestion, noting that the Canadian government had
not yet made plans for a passport alternative. In response to
questions about the timeline and mechanics of WHTI land border
implementation, poloff and conoff encouraged the AIAI to use the
federal comment period to make their views known.

3. (SBU) The chiefs also complained about occasional perceived rude
or unfair treatment at border crossings by U.S. Customs and Border
Protection (CBP) and Canadian Border Services Agency personnel.
They offered to provide training and education to CBP officers.
According to the AIAI the 50% blood quantum required by U.S. law for
passage across the border is inherently unfair, as their tribes are
culturally, not racially based. Further, they wondered whether
their Canadian status cards would be sufficient proof of Native
American ancestry to cross the border, given the 50% blood quantum
requirement of U.S. law. On balance the chiefs reported a better
relationship with U.S. authorities, due mainly to the Canadian
refusal to recognize the Jay Treaty at all.

4. (SBU) COMMENT: The meeting, organized at the request of the
chiefs, was cool, though cordial, as the chiefs questioned the new
WHTI rules while aggressively defending what they view as their
tribal and treaty rights. Much of their dissatisfaction is directed
toward the Canadian government, which they perceive as unresponsive
to their concerns about the border. The chiefs asked to be informed
when the comment period opens for WHTI land border implementation
rules and sought assurances that their concerns would be taken
seriously. They also urged more frequent outreach efforts from the
USG. Like the Canadian populace at large, Ontario First Nations
remain apprehensive and skeptical about the effect of the new border
security regulations on their accustomed routine. END COMMENT.

NAY

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