Dislocation, loss of access to traditional lands, suspension of contact and land intrusion are some of the issues the Indigenous tribes residing on or near the boundary between Canada and the USA have faced after the borders' implementation. The Jay Treaty of 1794 signed by the British and the Americans had guaranteed Indigenous peoples the right of free passage and this right was reaffirmed by the Treaty of Ghent in 1815. However, as this article shows, both countries vary in their respective interpretations of these treaties and by misconstruing their contents they further perpetuate systemic racism against Indigenous peoples of North America who are subject to border discrimination as their rights are often obscured. The article further explains why a passport requirement breaches Indigenous treaty rights, contradicts fundamental Indigenous cultural beliefs, and questions Indigenous sovereignty. Lastly, it discusses Canada's progress, or the lack thereof, towards guaranteeing First Nations people Jay Treaty rights.