The defendants were charged with aiding and abetting others to enter Canada without appearing for examination before a Canada Border Services Officer, contrary to section 124(1)(a) of the Immigration and Refugee Protection Act.
The defendants brought a constitutional challenge under section 35(1) of the Constitution Act, 1982 and sections 15, 7, and 2(d) of the Canadian Charter of Rights and Freedoms.
The defendants claimed an aboriginal right to mobility within Mohawk territory at Akwesasne for family and community purposes without reporting at the border, and alleged that the reporting requirements were discriminatory and violated their liberty and freedom of association.
The court dismissed all constitutional challenges and found the defendants guilty.
