JAY TREATY
The Leaders in Railway Maintenance
and Construction Services Across Canada
Looking for a career in the rail industry?
www.remcanprojects.com/careers..
At REMCAN, we know that meaningful partnerships with Indigenous communities are
essential to building a stronger and more inclusive future. This starts with creating
opportunities for Indigenous talent to thrive in our workforce.
COMPETITIVE
COMPENSATION
REWARDING
WORK
CUTTING-EDGE
EQUIPMENT
PAID
TRAINING
Issue 1 2026 – Chiefs of Ontario Advocate magazine 
28  l
Indigenous Rights Under the Jay Treaty
JTBA provides guidance for crossing the border amidst increased scrutiny
W
hen crossing the border 
to attend ceremonies 
south of the medicine 
line, we used to be able 
to say “we’re North American Indians” 
in order to access our rights under the Jay 
Treaty. In addition to travelling for cere-
monies, Indigenous Peoples also crossed 
the border for employment reasons, vaca-
tion, shopping or visiting relatives. It was 
relatively easy; the presentation of either 
an Indian Status card or a declaration of 
Indigenous Nationhood got you in.
The Jay Treaty was established over 
200 years ago, in 1794. Despite various 
political parties in power over the past 
two centuries, the Jay Treaty has been a 
constant. The agreement, officially called 
the Treaty of Amity, Commerce and 
Navigation, was negotiated by a man 
named John Jay between Great Britain 
and the United States. The treaty is about 
more than just crossing the Canada-U.S. 
border – it also contains several articles 
regarding trade and debts. “We exercise 
our inherent right, and the Jay Treaty is a 
colonial tool recognizing our existence,” 
Ontario Regional Chief Abram  
Benedict says.
That’s what Article III is all about. 
In part, the section reads, “It is agreed 
that it shall at all Times be free to His 
Majesty’s Subjects, and to the Citizens 
of the United States, and also to the 
Indians dwelling on either side of the said 
Boundary Line freely to pass and repass 
by Land, or Inland Navigation, into the 
respective Territories and Countries of 
the Two Parties on the Continent of 
America (the Country within the Limits 
of the Hudson’s Bay Company only 
excepted) and to navigate all the Lakes, 
Rivers, and waters thereof, and freely to 
carry on trade and commerce with  
each other.”
“Sadly, our ability to cross the border 
is now more challenging for us,” Regional 
Chief Benedict says. Many changes 
have taken place next door since the 
Trump Administration stepped into 
power on Jan. 20, 2025, including some 
surrounding immigration issues  
and security.
“The current administration has a 
focus on where people are really born,” 
Regional Chief Benedict adds.
With bolstered security and an 
ever-watchful eye on who gets to enter 
the United States, the Government 
BY JENNIFER ASHAWASEGAI-PEREIRA

View this content as a flipbook by clicking here.