Liquor Act stands - Judge rules Old Crow prohibition law constitutional

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A controversial prohibition law in the Yukon's northern-most community has survived a constitutional challenge.

Yukon Chief Justice Heino Lilles ruled Aug. 3 that a move to strike down the 1991 Old Crow Liquor Prohibition Regulation was invalid.

Approximately a dozen people from the community of 300 mounted the challenge after they were charged with breaching the Liquor Act. The defendants questioned the power of the Yukon government to enact and enforce prohibition within 100 km of the community, and the constitutionality of the new regulations. They also challenged the legality of prohibition under the Charter of Rights and Freedoms.

In his decision, however, Justice Lilles said he was satisfied that the regulations fell squarely within the legislative powers of the territorial government.

He also ruled that the amendments did not violate the Charter of Rights because a majority of adults in the community voted for it on an open plebiscite. The plebiscite was passed a mere eight votes.

"People challenged it," said Vuntut Gwichi'in First Nations Chief Robert Bruce. "But the government has the power to make prohibition law. Now I will sit down with the government to negotiate about treatment. We need to do a bit of healing here. The government should step in and help us out with funding."

Old Crow is mainly populated members of the Vuntut Gwichi'in band.

Although still enforced, prohibition will probably play no part in improving life for Vuntut band members in the near future, he said.

"The prohibition is for the future generation. It will be good 10, 20 years down the road. There's not much to do for the one growing up now. We need money to put something in place but it will take some time."