The inaction of the RCMP has emboldened the criminals to enter and remain in lands of the reserve of the first nation without fear of the consequences, worsening a crisis and violence of drugs, says the tribal council of Heiltsuk.
The small first nation on the central coast of the British Columbia says that it is taking the Attorney General of Canada to the courts, arguing that their rights of the Charter have been violated because the police refuse to enforce their statutes, including those who are Around them that would allow officers to eliminate the people involved dangerous. activities.
The chosen chief Marilyn Slett said at a press conference on Tuesday that her community in Bella Bella, BC, is experiencing a crisis due to drugs and drug trafficking and that damage due to overdose and sexual violence worsens due to the refusal of Mounties to enforce Heiltsuk law.
She said that the laws promulgated by the Council of the Indigenous Band, such as those related to transfer and residence, are federal laws under Indian law.
“This refusal to enforce the statutes of the first nations is a subject of Canada that erodes the rule of law in the communities of the first nations, exacerba systemic problems that involve substance abuse, substance abuse, [and] It deprives the governments of the first nations of the necessary tools to protect our communities, “he said.
She said there is nothing that prevents Mounties from enforcing the statutes.
“The only barrier seems to be racism and discrimination that sees them ignore indigenous statutes while enforcing all other federal laws, as well as property laws on behalf of non -indigenous communities, landowners and companies.”
The Federal Justice Department did not respond to a request from Canadian press of comments on the demand.
In a statement to CBC News, the RCMP assistant commissioner, John Brewer, said that police efforts related to Heiltsuk statutes are guided by “law, training, jurisprudence and best practices.”
“Bella Bella RCMP’s response and police service efforts are not limited to statutes’ issues,” Brewer said. “Last year, the detachment managed more than 800 files.”
Because the matter is before the courts, the RCMP said it could not comment more.
‘Historical friction’
In the informative notes prepared for Shawn Tupper, the then Minister of Public Security of Canada, before an audience of the Permanent Committee of 2024 related to the first nations and the Inuit Police, said the federal government, according to the Indian law, the governments of First Nation have the right to adopt laws and statutes.
The notes say that “historical friction” with the RCMP creates pressure, and many indigenous communities see the police as the main barrier for the effective application, and add that “the lack of application and prosecution with respect to the laws of the laws of the First nations has resulted in numerous complaints regarding police services. “
“However, giving practical effect to this right requires collaboration between the federal government, the provinces and the territories, indigenous governments and police entities to ensure that there is the ability to write and adopt laws and clarity on prosecution,” say the grades.
He says that the first nations do not need their own police service to be able to make their own laws.
The action presented in the Supreme Court of BC argues that the refusal of Mounties to Act is equivalent to an unequal and discriminatory treatment that violates the charter rights of section 15 of the First Nation to receive equal protection and the benefit of the law Without discrimination.
Slett said that the nation has met several times with the RCMP to discuss the issue, and the police have offered “excuses ranging from confusion to saying that our statutes must go through the RCMP legal services for revision.”
RCMP ‘do not appear’: boss
When the police affirm that they cannot enforce the statutes, it creates an atmosphere in the community where the crimes they commit are not afraid and “without control,” he said.
“We have people in our community who communicated with the RCMP and do not appear.”
The statement of claim of the Nation says that on “numerous occasions” has denied or retired permission for specific people to enter or remain in Bella Bella if the leadership is satisfied that their behavior is harmful to the community.
“[The tribal council] He has repeatedly requested that the RCMP apply the transfer laws to eliminate the people who lack or have lost the right to enter or remain in reserve. However, these requests have been rejected, “say the documents.
The lawsuit, presented on Monday, says that the refusal of the RCMP to enforce the statutes means that the witnesses of the crimes do not appear with evidence, and the victims leave the community because they do not feel safe.
The great boss Stewart Phillip, of the Union of the BC Indian bosses, told the press conference that the organization supports the work done by the Heiltsuk nation.
Phillip said that even if communities know who drug traffickers are, “it is practically impossible to close them” because RCMP says there is nothing they can do.
“Public security is a fundamental human right. Property and home is also a fundamental human right,” he said.
“And our communities of the first nations are in extremely terrible circumstances with the opioid crisis. We are losing many of our precious young people due to death overdose.”
