Sask chiefs push for tobacco act

The Federation of Saskatchewan Indian Nations (FSIN) is leading the way to ensure the unimpeded sale of tobacco products among their First Nations communities.

The FSIN has prepared draft legislation for the sale of tobacco so its 74 member nations can adapt it to meet their community needs and enact it as a bylaw with the power to supersede provincial laws.

“With this . . .  if we want to do trade with any First Nation tobacco supplier we can do nation to nation trading and (our bylaw) would supersede any provincial laws or bylaws that are taking place. That would exclude the province from having any jurisdiction in First Nation communities when we have our own legislation,” said Morley Watson, FSIN Vice Chief.

The role FSIN is taking on in moving the tobacco issue forward is necessary, he said.

“It’s things we have to do on behalf of our communities, because it is a treaty right to tax exemption. It is a treaty right to economic development and anytime it’s a treaty right we have to show leadership and do the work on behalf of our communities,” Watson said.

The move follows the seizure in early February by the provincial government of 20,000 cigarettes that were heading to Saskatchewan as a sample product to be stored on a First Nation. While federal duty had been paid, provincial taxes had not.

The cigarettes, shipped by Rainbow Tobacco Company, located in Kahnawake First Nation in Quebec, were among three separate shipments seized by three different provincial governments.

Rob Dickson, executive director for Rainbow Tobacco Company, said his company is advising First Nations in bylaw preparation and encouraged by their action.

“This tobacco act in Saskatchewan would be the first of its kind in the country,” said Dickson. “All indication is that everybody’s on board. Once one (First Nation) gets started, it’s going to fly through all the 74 nations.”

And it won’t be the first time First Nations in Saskatchewan have had bylaws that supersede provincial bylaws.

Watson points to smoke-free public buildings legislation enacted by the provincial government. Four First Nations operating casinos on their reserves enacted their own bylaws, which allowed for smoking.

Before the tobacco legislation can be passed on each First Nation, Watson anticipates referendums have to take place allowing community members to have a voice.
Dickson’s company is looking to expand its trade to western Canada. Dickson said as soon as interested First Nations in Saskatchewan enact legislation, Rainbow Tobacco will start moving its product west.

“Soon as one band passes it, we’re going to move in. When another band passes it, we move in there. When another band passes it, we move in there,” said Dickson.
Presently Rainbow Tobacco sells its products on First Nations in Quebec and Ontario and hasn’t run into any difficulties with those provincial authorities.

At the heart of the matter is whether the province has the authority to seize tobacco from First Nations if that tobacco bears federal duty stamps but not provincial demarcations, as reserves are federal land. First Nations in British Columbia and Alberta have expressed interest in the legislation that Saskatchewan First Nations are moving forward with.