By Canadian Press

Covenant Chain: Mohawk men in tobacco smuggling case cite treaty, win in Quebec court

Nov 1, 2023 | 2:57 PM

MONTREAL — Two Mohawk men from Kahnawake, near Montreal, have been granted a stay of proceedings in a tobacco smuggling case after a judge ruled their treaty rights were infringed. 

Derek White and Hunter Montour were arrested in 2016 as part of a cross-border police operation called Project Mygale in connection with tobacco that was smuggled into Quebec.

Following a trial in 2019, White and Montour were found guilty of criminal offences, including failing to pay taxes on tobbaco products.

But the pair had requested a stay of criminal proceedings, claiming the government had violated their treaty rights and their ancestral rights relating to the tobacco trade.

In a 366-page written decision rendered today, Quebec Superior Court Justice Sophie Bourque concluded that an overarching oral meta-treaty known as the Covenant Chain is binding and guarantees the defedants the right to trade tobbacco.

Imminent need

Council set to discuss possible location for homeless shelter on 15th Street

A few moments ago

International Spotlight

P.A.'s Howe one of 4 Sask. born players named to Canada's World Junior roster

15h ago

National

Ottawa to remove 30% investment cap for Canadian pension funds

19h ago

Bourque ruled that, as a result, the federal Excise Act did not apply against the two men and ordered a stay on the convictions.

This report by The Canadian Press was first published Nov. 1, 2023.

The Canadian Press