The Heiltsuk Nation has filed a lawsuit against the RCMP in BC Supreme Court, claiming police have been failing to enforce the Nation’s bylaws on reserve lands.
They also claim that this ongoing failure amounts to unequal and discriminatory treatment against them that infringes their Charter rights to receive equal protection and benefit of the law without discrimination.
The issue is that Indigenous leaders are asking the RCMP to enforce their own Nations’ bylaws, which are subordinate federal legislation.
When these leaders request RCMP to enforce their bylaws, which is mandatory under the Indian Act, they are told the bylaws must “go through RCMP legal services for their review” before they can be enforced.
The Nation says this is problematic because the RCMP does not question, pick or choose which federal laws to enforce in any other instance.
Often the Heiltsuk Nation finds themselves dealing with people who are trespassing on their land who have no right to be there, in accordance with their bylaws.
The Heiltsuk Nation is not alone in facing this issue, as Indigenous leaders from throughout the country have affirmed this is a Canada-wide issue.
According to the Union of BC Indian Chiefs (UBCIC), the actions of the RCMP diminish the rule of law in First Nations communities, exacerbates systemic problems and deprives First Nation governments of the necessary tools to protect their communities.
On Thursday, February 13th, the UBCIC passed a resolution calling on the RCMP to enforce First Nations’ bylaws, rather than infringe on their rights.
“We are launching this lawsuit to secure equal treatment and enforcement of trespass bylaws by the RCMP, to protect our communities and save lives,” said Marilyn Slett, elected Chief of the Heiltsuk Nation.
“Today, when a non-Indigenous municipality, landowner or business requests enforcement of a property law, the RCMP enforces it without question, but when an Indigenous government makes the same request, we are refused. This is racist and discriminatory, and it is putting our lives at risk.”
The Heiltsuk Nation is located near Bella Bella, a coastal community of BC where currently, the Nation says there is a crisis of public safety due to violence, and addictions are exacerbated by drug-dealing.
They added that these matters are made worse by RCMP’s refusal to enforce bylaws because offenders can act freely without fear of being caught or investigated.
“The RCMP’s failure of enforcement is racist and discriminatory, and it violates the Charter of Rights and Freedoms,” said Grand Chief Stewart Phillip of the Union of BC Indian Chiefs.
“They have no problem enforcing bylaws to keep non-Indigenous Canadians and businesses safe, but when it comes to Indigenous people, they have an illegal double standard. We stand with the Heiltsuk Nation in calling on the RCMP to enforce First Nations’ bylaws across Canada.”
Ultimately, the Heiltsuk Nation’s lawsuit seeks equal treatment to that provided to non-Indigenous communities by the RCMP.
Specifically, they want RCMP to help them in removing individuals who have no right to reside on reserve lands, have lost residency rights due to serious criminal activity or whose activities create a risk to public safety, in accordance with the Nation’s laws.
In an attempt to show how RCMP’s inaction impacts their community, the Heiltsuk have created a short video.
