A coalition advocating for Indigenous rights at the Canada-U.S. border expresses deep disappointment over recent federal travel guidance for First Nations individuals crossing into the United States.
Canada recently revised its travel recommendations, urging First Nations people to carry Canadian passports alongside secure status cards when entering the U.S. This update has drawn sharp criticism from the Jay Treaty Border Alliance, co-chaired by Chiefs of Ontario Regional Chief Abram Benedict.
Key Concerns from Alliance Leaders
“I just don’t agree that Canada says identify as Canadian and you’ll have a better life because that’s irresponsible,” Benedict stated. He highlighted that the government issued this advice without consulting the alliance.
Benedict emphasized that presenting a Canadian passport undermines the inherent sovereignty and jurisdiction of First Nations people to cross the border freely. He noted instances where passport holders face denial at the border, while those proving 51 percent blood quantum receive entry under treaty protections.
Many First Nations individuals traverse the border for cultural ceremonies, family visits, and traditional practices, Benedict added.
Understanding the Jay Treaty
The Jay Treaty, signed in 1794 between the U.S. and Great Britain, grants “American Indians” born in Canada unrestricted entry to the United States for purposes including travel, education, employment, retirement, and immigration.
The alliance focuses on fostering relationships between local First Nations leadership and customs stations on both sides of the border. This approach helps address issues arising from frequent staff turnover at these posts, ensuring officers recognize nearby Indigenous communities.
Ongoing Advocacy Efforts
The group continues lobbying Canada to fully recognize the treaty, enabling U.S.-born tribal citizens to enter Canada freely. Canada views the treaty as voided by the War of 1812 and has not incorporated it into domestic law.
In the U.S., the alliance pushes to eliminate the outdated requirement for a letter proving 51 percent blood quantum—a standard not imposed on any other nationality. “Our people will continue to be in existence in our territories, taking care of our land long after these administrations change,” Benedict affirmed.
Support from Indigenous Organizations
Assembly of First Nations (AFN) National Chief Cindy Woodhouse Nepinak voiced strong support for the alliance’s stance. “Advising the use of Canadian passports undermines First Nations inherent right to cross the border freely and the principle of self-determination,” her statement reads. “That right must be recognized and upheld by governments on both sides of the border which was not our making.”
The AFN urges the Canadian government to collaborate with First Nations and the alliance to resolve U.S. border issues, honoring nation-to-nation relationships and treaty rights.
The Mohawk Council of Akwesasne, spanning Ontario, Quebec, and New York, issued a statement affirming that its citizens require no Canadian passport for border crossings. “Our mobility across this territory does not depend on Canadian citizenship documentation but flows from who we are as a people and must be upheld,” the council declared, standing in solidarity with all leaders protecting Indigenous mobility.
Global Affairs Canada has not yet responded to inquiries on the matter.
