Heiltsuk Nation files Charter challenge over RCMP refusal to enforce bylaws

The Heiltsuk Tribal Council has taken bold action against the RCMP, accusing them of inaction that has emboldened criminals to enter and stay on First Nation reserve lands without fear of consequences. The small First Nation community in Bella Bella, B.C., is facing a crisis of drugs, drug trafficking, and violence, exacerbated by the Mounties’ refusal to enforce Heiltsuk law.

Elected Chief Marilyn Slett highlighted the impact of the RCMP’s refusal to enforce bylaws related to trespassing and residency, which are federal laws under the Indian Act. She emphasized that this refusal undermines the rule of law in First Nations communities, worsens systemic issues like substance abuse, and deprives First Nations governments of the tools needed to protect their communities. Chief Slett pointed out that there is no barrier preventing the RCMP from enforcing these bylaws, other than racism and discrimination.

The Heiltsuk Nation has taken the attorney general of Canada to court, alleging that their Charter rights have been violated due to the RCMP’s failure to enforce their laws. The lawsuit argues that the Mounties’ refusal to act amounts to unequal and discriminatory treatment, infringing on the First Nation’s right to equal protection under the law without discrimination.

The community has repeatedly requested the RCMP to enforce trespass laws and remove individuals engaging in harmful activities, but these requests have been consistently refused. This lack of enforcement has created a climate where criminals operate with impunity, witnesses are afraid to come forward, and victims do not feel safe. The lawsuit aims to address these issues and restore public safety in the Heiltsuk community.

Grand Chief Stewart Phillip of the Union of B.C. Indian Chiefs voiced support for the Heiltsuk Nation’s efforts, emphasizing the urgent need for action in the face of the opioid crisis. He highlighted the devastating impact of overdose deaths on Indigenous communities and the importance of upholding fundamental human rights, including safety and security.

The federal government’s briefing notes acknowledge the historical friction between Indigenous communities and the RCMP, stressing the need for collaboration to ensure effective enforcement of First Nations laws. Despite the challenges, the Heiltsuk Tribal Council remains committed to holding the RCMP accountable and protecting their community from the harms of drug trafficking and violence.

In conclusion, the Heiltsuk Tribal Council’s lawsuit against the RCMP reflects a broader struggle for justice and accountability in Indigenous communities. By challenging the status quo and advocating for the enforcement of their laws, the Heiltsuk Nation is taking a stand against systemic discrimination and working towards a safer, more secure future for their people.