Ochapowace, FSIN call for review of RCMP decision to not lay charges in alleged trespassing incident
- EFN Staff | October 14, 2019
The Ochapowace First Nation and FSIN are calling for a review and enforcement of First Nation Laws On-Reserve after the RCMP’s decision not to lay trespassing charges.
Earlier this spring, there was an incident involving an individual allegedly trespassing on the Ochapowace reserve lands. The lessee, who had been evicted from the Ochapowace Nation’s lands over failure to pay rent, was spotted on the reserve removing crops from the Nation’s land. The Nation had previously issued an eviction notice to him. When Ochapowace Nation staff approached the evicted tenant, the trespasser had an exposed gun within reach in the vehicle. Rather than risk an escalation, the staff from the First Nation retreated and called the RCMP several times with no response until days later. The RCMP has since agreed that their initial response to this incident was terribly inefficient and has recently apologized for their lack of an appropriate response at a meeting between the First Nation and RCMP last week.
“Our Nation has the jurisdiction to create and implements laws that are meant for the safety of our citizens and to allow our citizens to enjoy our lands like any other citizen in any other Nation,” stated Ochapowace Nation Chief Margaret Bear in a media release. “We are very disappointed in the RCMP’s decision not to lay charges on an individual who was trespassing on our lands and who was subject to an eviction order from our Nation. When our hunters are deemed as “trespassing” on other people’s lands, the RCMP or conservation officers will enforce those laws with very little hesitation, but when it comes to First Nations’ lands no action is taken.”
The Ochapowace First Nation and FSIN are calling on the government to address the issue of enforcement of First Nation laws on-reserve.
“The RCMP admitted that the enforcement of First Nation laws on-reserve is a national problem, and they said they consulted with federal and provincial prosecutions about whether they can enforce First Nations’ laws on-reserve and prosecute. The federal and provincial prosecutions both indicated that they do have the authority, but that they do not have the responsibility,” said Headman Tim Bear, Ochapowace Nation. “What’s even more troubling is the RCMP said that First Nations can hire a prosecutor to prosecute their laws. Essentially, First Nations can get justice, but we need to pay for it.”
Previously, the federal prosecutions would charge/prosecute under First Nation laws, and then they would recoup those costs of the prosecution from whichever federal department/Ministry was responsible. According to the RCMP, that is not done anymore.
“Where is the federal government’s fiduciary responsibilities when it comes to the enforcement of our laws,” said FSIN Vice Chief E. Dutch Lerat. “We need to recognize that First Nations have the jurisdiction to implement laws that apply on-reserve, and this jurisdiction needs to be recognized through the enforcement of our laws.”