Sweetgrass burning banned in provincial jails

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Alberta instituted a smoking ban in all provincial jails on Sept. 30, 2004. At the Fort Saskatchewan Correctional Institution, located on the northeast edge of Edmonton, that ban has been extended to include the burning of Sweetgrass.

Andrew Reid says that decision means freedom of religion is now something reserved for only the non-Aboriginal people in Alberta's correctional facilities and he's made up his mind to do something about it.

The 46-year-old member of the Buffalo Lake Metis Settlement recently completed a four-month sentence at the Fort after being convicted of unlawful entry. He was incarcerated during the months when the smoking ban was being implemented. Reid said guards began confiscating Sweetgrass from inmates in August in preparation for the official start of the smoking ban. He contacted a lawyer through legal aid and began legal action to overturn the ban of Sweetgrass.

"I'm going to fight it because it's wrong," he said.

The Alberta Guards Union pushed the proposal to ban smoking in all provincially run correctional facilities for health and safety reasons. The proposal was adopted by the Alberta government shortly after an Ontario court ruled that a waitress who faced long-term exposure to second-hand smoke in the workplace was eligible for workers' compensation.

"Members of our union who work in Alberta correctional facilities are thankful that the province has introduced a smoking ban, which members have advocated for years," said Alberta Union of Public Employees President Dan MacLennan. "The smoking ban will address the concern of second-hand smoke in the workplace."

Reid said inmates are allowed to go outside to smudge and pray for 30 minutes each day between 8:30 and 9 p.m. He complains that it's hard to concentrate on spiritual matters when it's minus 25 Celsius and points out that the Christian inmates don't have to go outside to pray. His lawyer, Charles Davison, wrote a four-page opinion that concluded the decision could be a breach of Native inmates' charter rights.

Section 2 (a) of the Canadian Charter of Rights and Freedoms guarantees "freedom of conscience and religion" to all Canadians. Section 15 of the charter guarantees "equal protection and benefit of the law without discrimination based on race . . . [or] religion."

The lawyer also reviewed provincial regulations and found "nothing that would explicitly provide the authorities with the power to ban smoking."

"Restricting when and where and how often a Native inmate may use his Sweetgrass in order to practice a basic part of his spiritual beliefs would be (as Mr. Reid has pointed out) similar to a rule which would similarly restrict when a Christian inmate would be permitted to read the Bible or pray," the lawyer wrote.

Reid said many of the inmates are finding ways to get around the smoking ban. They grind up nicotine patches used by those who are trying to quit smoking and mix in tea leaves. They then roll the substitute "tobacco" with, ironically, pages from Bibles.

"So I asked some of the guards why they don't confiscate the Bibles like they did the Sweetgrass. And they said they can't because it's too big a challenge," Reid said.

Incense is burned during Roman Catholic ceremonies in the chapel at the Fort. Reid asked how smoke from the incense was different from Sweetgrass smoke. He was told that the Roman Catholic practices "were part of ancient history that couldn't be interfered with."

"Well, it's the same with our Sweetgrass," Reid said.

Now that he's out of jail, Reid plans to follow up the legal process and he's also contacted the local media to bring attention to the matter.

"I know I'm on the right track. I just wish there was someone who'd get on the bandwagon and help me," he said.