thelabradorian.ca
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14/07/08
Natuashish RCMP not doing enough to enforce alcohol bylaw
JENNY MCCARTHY
The Labradorian
For a little while in Natuashish the streets were quiet. It was January and the Band Council had just banned alcohol from being sold, consumed, or possessed by any of the 700 people who live in the coastal community.
Chief Prote Poker said for the first two months the by-law seemed as if it might work.
"Streets were quiet, kids were fed; everything was good," he said.
Now everything isn't so good anymore and he said it's because the people who promised to help aren't living up to their promises.
On January 31, the Innu community of Natuashish held a referendum to decide whether or not to ban alcohol.
People from the community gathered in the school auditorium where they stood on one side of the room to support the ban of alcohol and the other side to reject it. Only two votes allowed the ban to pass.
Since then, the RCMP has had the power to arrest people who are intoxicated, who have alcohol in their possession or who are illegally selling the intoxicant.
But Chief Poker said the RCMP in Natuashish is not living up to their commitment to carry out this enforcement.
Sergeant Ren Osmond, Natuashish RCMP said the RCMP usually arrest people when they see them intoxicated on the streets. He said so far they have not carried out any home invasions and no arrests have been made for distribution of the banned substance.
Chief Poker said everyone in the community knows who the bootleggers are and many people have reported them to the RCMP but they have taken no action.
Nancy Claire is a lawyer for the Band Council in Natuashish. She said the council has provided information to the RCMP and they are not happy that the arrests are happening only to the people who are consuming the alcohol.
"The Band Council has advised the RCMP that's not their target. Their target is to get at the suppliers," she said.
Court dockets from Natuashish pay testament to Chief Poker's accusations.
This month there are 40 people facing criminal charges, 36 of the accused individuals face charges of being unlawfully intoxicated while being on a reserve.
Chief Poker said people are acting as if there is not ban at all and the fine for being intoxicated is partly to blame.
Anyone who is arrested for being intoxicated and pleads guilty receives a fine of $50. The maximum fine allowable under the by-law is $1,000 or six months in prison.
"They told us they would start low and move up (the fines). The $50 dollars is a slap on the wrist," the chief said.
As for conducting searches at the airport, this isn't happening at all. Only a sign on the wall warns that it is illegal to take alcohol into the community.
Ms. Claire said the RCMP hasn't said yes or no to the idea of searching passengers after they land but at the moment they aren't doing it.
Sgt. Osmond said the by-law is enforceable by the Band Council as well as the RCMP.
"They just need to put people in place to do it," he said.
Ms. Claire said they need the RCMP for this and it is not something the Band Council has the resources to carry out itself.
She said the band Council simply doesn't have anyone who is qualified to search or write warrants and they don't have the funding to create that role.
Assistant Commissioner of the RCMP, Gerry Lynch, has been working with government officials, the Department of Justice and band members in Natuashish to come up with a way to make the alcohol ban work.
He said the RCMP does plan on targeting bootleggers but that it takes a while for such investigations to happen.
As for the airport searches he said it's something they are looking into.
Ms. Claire said she has addressed the RCMP's concern about the legality of the search and seizure in the community.
The by-law was passed under the Indian Act, she said and this makes it enforceable.
She said there are cases that have set precedents in this area.
In two cases court cases out of Ontario the by-law reigned supreme.
Two individuals who were charged with selling alcohol in a dry community fought the RCMP's ability to search them under the by-law and lost their cases.
"People have said you can't search me under the by-law and the courts have said they can," Ms. Claire said.
Chief poker said he's been asking for a meeting with the federal and provincial government representatives to come together with the RCMP and the Band Council to discuss the by-law enforcement but no one seems to be taking his request seriously.
Mr. Lynch said the RCMP is looking at the long-term, and having legislation passed that strengthens the alcohol ban.
For the Band Council in Natuashish the concern is about what is happening to the people in their community right now and for them help can only come sooner rather than later. |
