By Kaniehtonkie

On Thursday, May 9, 2019 a jury declared Derek White, a resident of Kahnawake, not guilty of fraud against the Government of Quebec. The same jury declared White guilty of fraud against the Government of Canada and conspiracy to commit fraud and profiting from organized crime for not paying federal excise tax on tobacco. His co-accused, Hunter Montour, also a resident of Kahnawake, was convicted of facilitating the activities of a criminal organization.

White’s trial took place mainly during the month of April in Longueuil, Quebec and after just three days of deliberation the verdict was read. The court was chaired by Justice Sophie Bourque of the Superior Court.

The next step is not the sentence argument. Instead, in January 2020 they enter into a constitutional challenge arguing that Excise Tax Act on imports are not applicable to Mohawk people based on Sec. 35 Constitution Act rights and the United Nation’s Declaration on the Rights of Indigenous Peoples and inherent rights to trade tobacco tax-free. If White and Montour win the debate, they could benefit from a stop of the proceedings after guilt, thus avoiding prison.

White, a former NASCAR driver was featured in Indian Time on July 23, 2015 for making history of being the first Native American to earn a run in the NASCAR Sprint Cup Series. White was soon stripped of his NASCAR credentials after his arrest in March 2016 following a major investigation by the Sûreté du Québec called Mygale. The operation targeted a network of alleged ‘smugglers’ who according to the Sûreté du Québec, ‘imported large quantities of tobacco into Quebec without paying millions of dollars in Government taxes’.

The tobacco was paid in cash. The ‘tickets’ were transported to the United States and transferred to bank accounts. The tobacco was then transported by truck to Canada and stored in garages, before being distributed to the customers.

According to CBC, the Mohawk Council of Kahnawake said they’re going to be paying close attention to the case.

“We congratulate the defendants on this victory – no doubt it has been an exhausting and emotional few weeks,” said Joe Delaronde, MKC Communications Rep.

Delaronde added, “Chief and Council will no doubt be examining yesterday’s decision and will deliberate on this matter, as the constitutional challenge could have huge ramifications regardless of whether the judgment is in favor or against.”

Ontario had dropped their charges before court started and out of the sixty people arrested in the SQ operation in 2016 only Derek White and Hunter Montour went to trial.

White stated, “We are very confident we will win on the federal charges in January 6, 2020 in Montreal court, because the tax is supposed to be collected on the end product.”