Suspect claims he can cross border freely
Alex Louie, who now uses the name Senk’lip, is accused of 9 offences
Aman charged with smuggling two handguns into Canada testified in his own defence Thursday that he and other Indigenous people in the South Okanagan have roots on both sides of the border and therefore possess a right to pass freely.
Senk’lip, who was charged as Alex Louie, but is now referred to by the name of his choosing, is representing himself at trial in B.C. Supreme Court in Penticton on nine charges under both the Criminal Code and Customs Act.
The jury trial heard earlier this week that border guards at the Osoyoos port of entry found two handguns tied to the bottom of his car on Feb. 1, 2017, as he tried to enter Canada from the U.S.
Senk’lip argued that tradition and his special status as a self-described North American Indian permit him to cross the international boundary whenever, and with whatever, he likes.
“At the border, I declared who I was, and that is a fact of law. I am who I say I am, and these are my witnesses,” he said, gesturing to relatives in the public gallery.
“We are from here. We have been here since before Canada was here. We have been here before that border was here. And we’re still here.”
Senk’lip spent most of his time on the stand explaining customary international law and how his people have been abused by the Canadian government, with which they don’t have a treaty.
“I renounced Canadian citizenship because both my parents were residential school survivors,” he said.
“I don’t want to be Canadian. I never was. It was forced.”
Justice Arne Silverman gave Senk’lip just 30 minutes to testify, prompting a sharp exchange between the two.
“I have to say that if (Crown counsel) Clarke Burnett had two full days to present his matter — or more — I should be granted the same,” said Senk’lip.
“Well, you’re not going to get it. You’ve got half an hour. You can begin now,” replied Silverman.
The judge later told Senk’lip he would be granted extra time if speaking on “new things that are relevant,” and explained to the jury he’s responsible for balancing the right to a fair trial with efficiency.
Senk’lip’s also called as a witness his mother, Paque, who testified she worked in the U.S. in the 1970s and never had trouble crossing the border. She suggested Senk’lip’s legal problems are a result of him having a Washington State driver’s licence, and explained how her experience with residential schools has caused her to resent law enforcement, an attitude she may have inadvertently passed on to her son.
“The things that Alex had done with his driving and his problems with the law probably stems from my mistrust,” said Paque.
Senk’lip also called to the stand his cousin and former Penticton Indian Band councillor Pierre Kruger, who identified himself as Skoolumink and backed up Paque’s testimony.
He testified border guards have only recently begun to crack down on Indigenous people crossing the border.
“We used to go down across the line, we’d buy rifles, pistols, ammunition, and we didn’t have to declare it coming back,” said Skoolumink.
“As more and people moved to B.C. and the State of Washington, things got a little more complicated and we had to start proving ourselves.”
Closing arguments will be presented this morning.
The jury will receive instructions and begin deliberating Monday.