FSIN supports nation-to-nation trade in Canada

Trading amongst First Nations people in Canada has always been a traditional and contemporary cultural component.

Trade is contemporary in the context that it is an Aboriginal right under section 35 of the Canadian Constitution Act of 1982. Under section 35, the Canadian government has a fiduciary obligation to First Nations communities on reserve, with Indians and lands reserved for Indians being under federal jurisdiction.

However, the Saskatchewan Ministry of Finance and the RCMP recently seized 100 cigarette cartons that were being delivered to Cheryl Maurice of English River First Nation from the Rainbow Tobacco Company based on the Kahnawake Mohawk reserve in Quebec.

Provincial officials seized the cigarettes at a courier depot because no provincial tax—at 42 dollars a carton—had been paid.

Cigarettes have also been seized in the provinces of Alberta and British Columbia in the last while, thwarting an attempt of Rainbow Tobacco to expand their operations west to First Nations communities.

“The cigarettes were not for resale,” Maurice told the Aboriginal Peoples Television Network (APTN), adding they were given to Elders for ceremonial purposes.
Furthermore, she said they were distributed to First Nations as a marketing strategy.

“We want to create our own economy in First Nations communities,” she told media.

Federation of Saskatchewan Indian Nations (FSIN) Vice Chief Morley Watson said it is unconstitutional for the provincial governments to attempt to assert their jurisdiction over First Nations. 

“The tobacco seizures are a direct violation of section 35 under the constitution act indicating that the crown will consult with First Nations, not the provinces,” he said.

Rob Dickson, owner of the Rainbow Company agreed that the cigarettes were a gift and that the action of the provincial government was completely illegal on behalf of the provincial ministry. 

“I believe they don’t have the jurisdiction on First Nations territories,” Dickson said.

“Everything we are doing is legal. We are federally governed and we are complying with all federal regulations, and now the province, which has no jurisdiction, is coming in and saying it is illegal,” he added.

The Ministry of Finance in Saskatchewan recognized that the Rainbow Tobacco Company was moving their operation westward, but stated that it is illegal for anyone in Saskatchewan to import cigarettes that have not paid provincial taxes.

Dickson disagreed, telling chiefs gathered at the winter legislative assembly in Saskatoon on Feb. 17 that it is an issue of First Nations rights.

“(It is) our right to trade with each other, our right to develop our own economies and of our right to govern our own industries,” he said.

“Trade is a very intricate part of traditional First Nations culture and that contemporary trade is something which can generate employment and stimulate our economies,” he added. “This in turn, will slowly decrease our dependence on federal and provincial monies for substance.”

The FSIN is supporting nation-to-nation trade amongst Canadian First Nations and is tired of the economic sanctions being imposed by provinces, which do not have the jurisdiction.

As well, Vice Chief Watson stated that the FSIN will continue to stand beside their First Nations in exercising jurisdiction over their lands.