The second phase of the trial challenges the applicability of the federal provisions, which form the basis of the criminal charges against the community members.
………….White was acquitted of provincial fraud charges amounting to $44 million in tobacco taxes, as the defense argued that there was no evidence that the tobacco shipped into Kahnawake was sold in Quebec.
However, both were found guilty on federal charges: White, guilty of conspiracy to commit fraud and profiting from organized crime, and Montour, guilty of aiding organized crime.
The verdict has not been registered, pending the second phase of the trial, which is based on a constitutional defence that alleges Aboriginal rights, treaty rights, and other inherent and international rights.
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To view defence court filing, please visit here: https://www.justice.gc.ca/eng/trans/dsd-dda/pdf/scour-cours.pdf