Two Kahnawake residents, convicted four years ago of fraud against the federal government and gangsterism for having imported large quantities of tobacco without paying taxes, have just obtained a stay of proceedings, after a judge the Superior Court rendered an important decision recognizing acquired rights to the Mohawk community.
Derek White, a former NASCAR driver, and Hunter Montour were arrested in March 2016, following an investigation by the Sûreté du Québec called Mygale targeting a network of smugglers who had imported large quantities of tobacco into Quebec without paying millions of dollars in taxes to the government.
Specifically, White and Montour were accused of importing tobacco from the United States using several tractor-trailers. In total, the police had monitored 11 trips whose destination was a warehouse in Kahnawake for which those responsible did not have a permit.
White was convicted of federal fraud and gangsterism, and Montour of gangsterism, in May 2019 following a jury trial.
But already, even before the verdict, the defense had indicated its intention to present a motion to stop the proceedings by pleading the constitutional and historical rights of the Mohawk community to import and trade tobacco.
A 365-page judgment
After more than three years of proceedings, 50 witnesses and the drafting of a decision which took place over a period of a year and a half, Judge Sophie Bourque of the Superior Court testified Wednesday morning at the Montreal courthouse a 365-page judgment in which she analyzed the traditions, treaties, oral agreements and exchanges passed or carried out between the Mohawk nations and the first Europeans to arrive in Canada.
She read a 25-page summary for a little over an hour.
Judge Bourque recognized the acquired, constitutional and historical rights of the Mohawks in the tobacco trade and ordered a stay of proceedings for White and Montour.
” I am very happy. It’s not just us, it’s the entire Kahnawake community that benefits economically from the tobacco trade,” Mr. Montour told The Press.
” I am very satisfied. This is what we pleaded and this is what the judge accepted. This is a great victory for the people of Kahnawake,” added M.e Pierre L’Écuyer, lawyer for one of the accused for the criminal and non-constitutional aspect.
The judgment rendered Wednesday morning could have an impact for other defendants.
The prosecution was represented by lawyers from the Attorney General of Quebec, the Canada Revenue Agency, the Director of Criminal and Penal Prosecutions (DPCP) of Quebec and the Council of Chiefs of the Mohawk Nation.
“We have no comment to make. We must first read the judgment,” one of them told us.
Several other lawyers were present in the room. One of them mentioned the strong chances that the judgment would be appealed.
Already in the room, whispers containing the words “Supreme Court” could be heard.
Several members of the families of the two accused and the community of Kahnawake came to the courthouse to hear the judgment, so much so that the authorities planned an overflow room which was quite full.
As they left the courtroom, White and Montour were applauded by some supporters.
More details to come.
To contact Daniel Renaud, call 514 285-7000, ext. 4918, write to [email protected] or write to the postal address of The Press.