A 23-year-old man who was born in the U.S. but grew up in Tla-o-qui-aht territory was forced to spend four days in custody after a Victoria Police officer turned him over to the Canadian Border Services Agency when he was unable to produce Canadian identification.
Lew Evans Yallup was born in Toppenish, Washington on the Yakima Indian Reserve in 1991 He'll be 24 later this month. Three years later, his mother, Tla-o-qui-aht member Sandra Williams, re-united with her husband Herbert and brought Lew and his younger brother home to Canada, and he has lived in Long Beach ever since.
Williams said her son had never formalized his Canadian residency, despite a number of efforts to clarify his citizenship or to formalize his Tla-o-qui-aht status.
“I went to the Consulate in Seattle to try to get the appropriate papers, but they told me I couldn’t do that, because [Lew] is native – he has dual citizenship and can go back and forth over the border.”
Williams said it was the same story when she approached immigration officials in Canada.
Under the Jay Treaty of 1794, persons with Indian Status are permitted to travel freely from both sides of the border. Yallup, a surfer who aspires to turn professional, had travelled regularly to the U.S. with no problem.
“The last time I came back into the country was [March 2014]. I had gone to Hawaii on a surf trip,” he said.
On that occasion, Yallup stayed for six months, along with a host of pro surfers, working on his skills.
“Everyone is trying to get to the pro level. I’m not quite there yet.”
As a result of his uncertain citizenship status, Yallup has been unable to get a Social Insurance Number, which has been a significant barrier to employment, but he had never faced any legal consequences.
That all changed on Aug. 8. According to Yallup, he and a group of fellow skateboarders, had gone to a Victoria beach to relax after visiting a local skate park.
“We noticed there was a lot of garbage on the beach, so we decided to clean it up. We picked up a bunch of garbage and stuffed it in the can.
“After that we sat down on one of the benches. One of my friends, who is from France, lay down on the bench.”
That, apparently, is what attracted the attention of a Victoria Police officer, according to Yallup.
“He came over and said, ‘Your friend looks like he passed out.’”
Yallup advised the officer that they had just finished picking up garbage on the beach and that his friend was just napping.
“He asked us for ID. My friend doesn’t speak English, but he understands ‘ID,’ so he showed his passport. He asked me for ID and I gave him my [U.S. Indian] status card.”
That set into motion a series of communications that ended with Yallup locked up in what he now refers to as the CBSA “Immigration/Psycho Unit” on Hamilton Street in Vancouver.
When the officer contacted his headquarters, the only record of Yallup’s existence they could find was a report dating back to 2013. One evening, the young man was picked up for being intoxicated in public, and given a ride home in a police cruiser. No charges.
“But when I showed him my American ID, that’s when he really freaked out. He straight up called [CBSA] and wanted them to kick me out of the country.”
By contrast, while his friend was unable to communicate with the officer, who spoke no French, he was free to go immediately.
At this point, Yallup was taken into police custody with vague threats of deportation by CBSA.
At the time of his detention, Williams said the idea of sending her son back to the U.S., and specifically the Yakima Reserve, with its high crime rate, was both ludicrous and alarming.
“We’ve lived in Long Beach since 1994, both my boys. They don’t want to go back to [Toppenish]. … [Lew] is not in contact with his [U.S.] family and he doesn’t want to be there.”
The family called on Tla-o-qui-aht Councillor Moses Martin, who had just returned from a fishing trip, for assistance. Martin said he started putting out calls to see if he could get some clarification on the laws and on how to get Lew out of custody.
“I left a message with our MP, Dr. James Lunney. He is familiar with this issue. And I also got in touch with B.C. Assembly of First Nations Regional Chief Shane Gottfriedson.”
But when Martin contacted CBSA, he ran into a blank wall.
“They won’t answer any questions, unless it’s from a lawyer,” he said. In response, he added, they retained Vancouver attorney Dennis McRae.
On Monday morning, Lew was transferred from Victoria Police custody to the CBSA detention centre in Vancouver. Martin said there was a hearing scheduled for 1 p.m., but after arriving in Vancouver with Williams, he was advised the meeting would not happen. Or, it wouldn’t happen at 1.
Ha-Shilth-Sa attempted to get some answers from CBSA, and eventually managed a short conversation with media officer Robin Barchan at 2 p.m. While unable to provide answers to the specifics of the case, Barchan promised to provide written guidelines by e-mail. By end of day, no information had arrived.
After an afternoon of confusion and frustration for Martin and Williams, CBSA eventually kicked Yallup loose late in the afternoon – “on probation” – just before quitting time. Ultimately, Yallup spent four days in detention over a simple matter of paperwork.
“They told him he needs to file for his [Canadian Indian] Status card,” Martin said. “They said there are several other conditions he has to comply with.”
Speaking with Ha-Shilth-Sa following his release, Yallup said the whole ordeal seemed so pointless.
“I have to make the application for a Status Card within a week,” he said. “I have to call CBSA every Friday so they know that I’m not living anywhere else.”
On that point, Yallup said his only wish was to get home and have a good meal.
“I don’t want to sleep on a jail bed, or eat jail food, or have people screaming at me all the time. In the Immigration/Psycho Unit, there’s people screaming all the time.”
