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The appointment of two band constables to the Paul band's reserve, 55 km west of Edmonton, on March 12 gives federal recognition of that band's power to enforce band bylaws and the Indian Act on their reserve.
Usually the provincial attorney general gives tribal police the power to enforce provincial laws in addition to the powers given to tribal police under the RCMP Act. The appointments are important for the Paul band because it supports their position that provincial laws do not apply on the reserve.
Mike Sergerie, 36, of Alberta Beach and Russell Forsythe, 25, of Edmonton were appointed as band constables by Inspector George Rechner, commanding officer of the Stony Plain detachment of the RCMP.
Chief Ed Burnstick, councilors miles House and Art Rain of the Paul Band and Staff Sergeanr A.J. Walter, head of the Stony Plain RCMP Detachment, were present to witness the appointment.
The special constables come under Section 10 of the RCMP Act and have several restrictions on their duties. They can only enforce band bylaws and the Indian Act. Band bylaws include curfews, traffic laws and laws concerning children being absent from school. The Indian Act covers areas as drunkenness on the reserve, bootlegging, trespassing or removing goods from the reserve without band authorization.
The special constables cannot carry guns and are only allowed to police the reserve. The appointments must be renewed every year.
"The RCMP responsibilities to the reserve do not change," said Inspector Rechner. The RCMP will continue to patrol the area and have jurisdiction over criminal matters.
Both officers seemed pleased with their new jobs. "It's good to be gaining employment," said Forsythe, who has had nine weeks basic training with Edmonton City Police.
"This appointment now gives us the power to enforce band bylaws," added Sergerie who was in the army for 12 years before entering the police force. At one time he was Chief of Police on the Enoch Reserve.
There is not a great deal of difference between having tribal police appointed by the federal or provincial governments, but by having its police empowered by the federal government alone, the Paul band is getting closer to the goal of dealing only with the federal government.
"We hope this system will accommodate us. We want to set up a more firm judicial system on the reserve in the future," said Chief Burnstick.
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