Jay
Treaty - Border Crossing for First Nation People
In
April of 2005 an announcement was made from the Western Hemisphere
Travel Initiative on border crossing. The U.S. Secretaries of
Homeland Security, and of State were mandated to develop and implement
a plan to require U.S. citizens and foreign nationals to present
a passport or other appropriate security identity and citizen
document when entering the United States. In December 2006 all
land travelers will be required to have a passport for entry into
the United States.
The
plan has identified the passport as the principle document of
choice. However, other documents or a combination of documents
denoting identity and citizenship will also be explored.
While
the goal of the Western Hemisphere Travel Initiative is to strengthen
border security and facilitate entry of legitimate travelers into
the United States, there are implications for First Nations people
who normally travel into the United States – costs associated
with obtaining a passport; criteria for obtaining a passport;
and the breach of the terms of the Jay Treaty of 1794. Although
the Jay Treaty is recognized by the United States, the courts
in Canada have established the possibility of Aboriginal Nations
to enter Canada as a right. The British Columbia Court of Appeal
in Watt, “established the possibility of citizens of Aboriginal
Nations bisected by the border to enter Canada as of right.”
However, Watt is still awaiting a decision from the Supreme Court
of Canada.
More
information with respect to the Western Hemisphere Travel Initiative
can be found at www.cbp.gov
The
Lands and Resources Secretariat have taken a pro-active approach
to the Western Hemisphere Initiative and will begin dialogue with
the U.S. Secretaries of Homeland Security, and of State to discuss
other alternative documentations for First Nations people, and
re-establish communication with the Congress of American Indians
with the intent of establishing formal relations through the signing
of a Memorandum of Understanding.
