Historic MOU addresses longstanding issues with the enforcement of First Nations' laws
- EFN Staff | October 21, 2019
The Government of Saskatchewan signed a historic Memorandum of Understanding (MOU) with the Muskoday First Nation and Whitecap Dakota First Nation to address longstanding issues with the enforcement of First Nations’ laws.
Whitecap Chief Bear said the MOU will enable the parties to explore the processes and the potential roles in addressing on-reserve gaps in law enforcement.
“It has been difficult to prosecute and enforce laws created by our First Nation,” Chief Bear said in a media release. “Ultimately, our hope is that this agreement will create a path forward to increase public safety and build investor confidence to attract more business onto reserve lands.”
As an immediate and practical solution, the Chiefs of both First Nations have said they wish to work with the province to find approaches that tap into existing and potentially new policing, prosecution and judicial mechanisms to ensure their laws are enforceable.
“Muskoday First Nation has a treaty obligation to keep the peace and maintain good order,” Muskoday Chief Herman Crain said. “Our community has tried to meet that obligation by enacting a number of Indian Act bylaws and Land Laws written under our own Land Code and the Framework Agreement on First Nation Land Management, but without a proper system to enforce these laws, it is impossible to uphold such laws and make people accountable. This will help toward building a safe community.”
As part of the MOU, a task group will consider ways First Nation laws enacted under First Nations Lands Codes and bylaws enacted under the Indian Act can be enforced on reserve.
“This agreement is a significant opportunity to ensure consistency in the way laws are enforced on First Nations and to strengthen the relationship between the Provincial Government and First Nations,” Justice Minister and Attorney General Don Morgan stated. “This will ultimately benefit First Nations communities, the surrounding area and the province as a whole.”
The Corrections and Policing Minister Christine Tell said that working together helps us all meet our shared goal of safer communities. “I look forward to seeing collaborative solutions from the task group,” she stated.
The task group will begin its work immediately. It will look at ways the province and the two First Nations can collaborate with respect to the investigation, laying of charges, prosecution and adjudication of First Nations' laws, and the enforcement of fines, penalties and other orders.
The group will also explore the possibility of arranging for community safety officers or peacekeepers on reserve.