The Heiltsuk Nation is launching a charter challenge against RCMP for failing to enforce Heiltsuk bylaws in Bella Bella.
Heiltsuk Nation and the Union of B.C. Indian Chiefs were in Vancouver Tuesday (Feb. 25) to announce the landmark lawsuit against the RCMP. The lawsuit was filed Tuesday in the Supreme Court of B.C. and it lists the Attorney General of Canada as the defendant.
Heiltsuk elected chief councillor Marilyn Slett said it's been an accumulation of time and inaction that led to launching the charter challenge. She said the Nation is facing a critical problem and felt this was "the only path."
"We are suing the RCMP because of their refusal to enforce Heiltsuk bylaws enacted by Indigenous band councils as federal laws under the Indian act. This amounts to unequal and discriminatory treatment that infringes our Section 15 Charter rights to receive equal protection and benefit of the law without discrimination," Slett said.
She added Heiltsuk has had "many, many meetings" with the RCMP, but they have offered excuses ranging from confusion to saying Heiltsuk bylaws need to go through RCMP legal services for review.
RCMP have been in the community for decades, Slett said, adding that there have been some good Mounties that have come into the community and made friends and been involved. But she said it's the systemic racism and discrimination within the RCMP system prevents officers from enforcing the community bylaws.
The lawsuit claims that the RCMP's alleged failure to enforce Heiltsuk bylaws "specifically harms Heiltsuk by depriving Heiltsuk of their ability to control who enters or stays on their reserve land." It claims that undercuts Heiltsuk leadership authority, undermines Heiltsuk law, emboldens "drug dealers, other offenders and wrongdoers" to enter and stay on reserve lands and continue "objectionable activities" and fosters an atmosphere of fear and lawlessness.
"So when the RCMP put up their hands and say they that they can't or they won't enforce our bylaws, it provides for an atmosphere in the community where people that may be doing something wrong, like drug dealing and other sexual violence or assault, it provides for people feeling like they're unchecked."
She added Heiltsuk Nation is not alone, adding this is a Canada-wide issue that "exasperates systemic problems involving substance abuse (and) deprives First Nations governments of the necessary tools to protect our communities."
"The only barrier appears to be the racism and discrimination, enforcing all other federal laws, as well as property laws on behalf of non-Indigenous communities, landowners and businesses, even though the RCMP does not pick or choose which federal laws to enforce."
The lawsuit, Slett said, comes of the heels of Heiltsuk Nation ratifying its constitution on Feb. 20, which was decades in the making.
"We felt that it was important to develop that written constitution, so people know how our decision-making is made, who we are as Heiltsuk people and what guides us."
