[ ED NOTE: By the way, all of this and more is available at Scary’s blog, Scary Fundamentalist. Check it out… ]
A Mohawk woman (Davis) is alleging that border security guards killed her unborn baby by stressing her out during a routine search of her vehicle at the border. The case almost certainly hinges on the two things that Human Rights Tribunals consider as evidence – statistics and feelings – that the rest of us (including real courts), don’t care much about.
Statistics: After thumbing her nose at the Bible, Davis was sworn in by wampum and eagle feather. She claims that Mohawks are stopped and searched at border crossings much more often than white people. Well, she’s probably right. But two can play the statistical profiling game: Can we present the statistics on cigarette smuggling by Mohawks as opposed to the rest of the population?
Feelings: She claimed she was told to park in an area reserved for x-ray scanning of vehicles that had warning signs for radiation. Since there is no possibility of any residual radiation from x-rays (radiation can only be generated by the x-ray source, which is well shielded when not in use), the stress that she claims is entirely a result of her own feelings. But, I guess in a human rightsy sort of way, one’s feelings is another’s problem. At least when the “other” has enough money to cough up a hefty “remedy”.
During the search, Davis did not appear stressed – she was voluntarily combative, accusing the CBSA agents of trespassing on land stolen from her people. She called in the native elders, who arrived to a predictably hostile reception from the CBSA guards. Hell, if a driver stopped by a cop on the roadside called in a bunch of his buddies, I could understand the officer getting uptight. Sounds like the CBSA officials could haul the Mohawks before the CHRT for stress.
Finally, Davis claimed afterwards that she had paranoid delusions about the CBSA tapping her phone and watching her. I mean, what kind of society are we living in when paranoia is grounds for a shakedown?
At least the Tribunal isn’t falling for the (Oral Tradition) = (Documented Evidence) BS that the SCoC bought hook, line and sinker. The tribunal chair didn’t like it that she didn’t have any documented evidence that the miscarriage was caused by radiation, as she alleged:
She said she filed medical documentation to support her claims, but could not produce them for the tribunal on its first day. Tribunal chairperson Rejean Belanger allowed Davis to use Monday evening to get the documents in order with the assistance of other legal counsel present at the tribunal… Belanger warned Davis about her lack of organization before he cut Monday’s session short to allow her more time.
I wonder how much the taxpayer is paying to fund the legal bills of both sides of this case.
UPDATE: Read more developments here. I had originally been led to believe by the first article that the loss of Davis’s baby (fetus, whatever) was due to a miscarriage. That’s not quite the case…