Heiltsuk First Nation files Charter challenge over RCMP refusal to enforce bylaws
The small First Nation on British Columbia's Central Coast says it is taking the attorney general of Canada to court, arguing its Charter rights have been violated because police refuse to enforce its bylaws, including those around trespassing that would allow officers to remove people engaged in dangerous activities.
Elected Chief Marilyn Slett told a news conference Tuesday that her community in Bella Bella, B.C., is experiencing a crisis due to drugs and drug trafficking and that harms from overdoses and sexual violence are made worse because of the Mounties refusal to enforce Heiltsuk law.
She said laws enacted by the Indigenous band council, like those related to trespassing and residency, are federal laws under the Indian Act.
"This refusal to enforce First Nations' bylaws is a Canada-wide issue that erodes the rule of law in First Nations communities, exasperates systemic problems involving substance abuse, [and] deprives First Nations governments of the necessary tools to protect our communities," she said.
She said there is nothing preventing Mounties from enforcing the bylaws.
"The only barrier appears to be the racism and discrimination that sees them ignoring Indigenous bylaws while enforcing all other federal laws as well as property laws on behalf of non-Indigenous communities, landowners and businesses."
Neither the RCMP nor the federal Justice Department responded to a request for comment on the lawsuit.
The action filed in B.C. Supreme Court argues that the Mounties' refusal to act amounts to unequal and discriminatory treatment that infringes on the First Nation's section 15 Charter rights to receive equal protection and benefit of the law without discrimination.
Slett said the Nation has met several times with the RCMP to discuss the issue, and police have offered "excuses ranging from confusion to saying our bylaws need to go through the RCMP legal services for review."
When the police claim they can't enforce the bylaws, it creates an atmosphere in the community where those committing crimes have no fear and go "unchecked," she said.
"We have people in our community that reached out to the RCMP and they don't show up."
Grand Chief Stewart Phillip of the Union of BC Indian Chiefs told the news conference the organization supports the work being done by the Heiltsuk Nation.
Phillip said even if communities know who the drug dealers are, "it's virtually impossible to shut them down" because the RCMP says there is nothing they can do.
"Public safety is a fundamental human right. Safety of property and home also is a fundamental human right," he said.
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Article content The Ontario Superior Court has ruled that the provincial government's law mandating the removal of bike lanes on key Toronto streets violates Canadians' constitutional rights to life, liberty and security of the person. Article content This decision marks a significant victory for bike-lane advocates and raises questions about similar policies across the country that seek the removal of bike lanes. Article content Article content On Wednesday, Justice Paul Schabus of the Ontario Superior Court found that the Ontario government's decision to remove bike lanes was made without proper considerations, and breached S. 7 of the Charter. Article content Article content Here's more on what the court said, and what it might mean for cities across Canada. Article content After going over evidence provided by Ontario's government and by the cyclists and advocates who had sued the Ontario government, Schabas decided that the applicants were successful in showing the plan to remove three bike lanes was unconstitutional. Article content Schabas found the evidence shows that removing the already existing bike lanes on Bloor Street, Yonge Street. and University Avenue to restore it to a motor vehicle lane will create greater risk to cyclists and others in the roads. Article content Article content With the evidence provided, Schabas concluded that the removal of the target bike lanes would lead to more collisions and injuries involving cyclists. For him, the benefit of saving drivers some travel time is disproportionate to the negative impact to the cyclists' safety. Article content Article content 'It is reasonable to conclude that people who cycle will be injured and killed when lanes for motor vehicles are installed and protected bike lanes are removed,' said Schabas. Article content A month after being introduced, the bill was amended. The new amendment sought the removal of bike lanes on Bloor Street, University Avenue and Yonge Street. in Toronto to restore lanes for vehicle traffic. The amendments also sought to make the government immune to claims for damages that could arise from collisions, injuries or deaths that occur as a result of removing the target bike lanes.
