Saskatchewan simplifying enforcement of First Nations laws, bylaws

Saskatchewan is making it easier for First Nations to enforce their own laws and bylaws.

According to the Ministry of Justice, newly passed amendments will improve and streamline enforcement, allowing First Nations to enforce laws and bylaws on reserves through tickets, fines and other measures administered through Saskatchewan Provincial Court.

Previously, the ministry said, First Nations community safety officers had to complete “complex enforcement processes, such as the long form federal Criminal Code process” in order to enforce bylaws and gather fine revenues. The new, easier process can be used by any First Nation that opts into the new provisions, the ministry said.

Bronwyn Eyre, Saskatchewan’s justice minister, said the province is a national leader when it comes to First Nations bylaw enforcement legislation.

“This is a practical change that will make First Nations bylaw enforcement more efficient, less expensive, and less time-consuming,” Eyre said in a statement.

Other Saskatchewan First Nations groups, including the Federation of Sovereign Indigenous Nations and Saskatoon Tribal Council, have expressed interest in Saskatchewan’s approach, the ministry said, as have the federal government and the Province of Ontario.

“These changes will come into force by Order in Council after the necessary regulations and policies are implemented,” the ministry noted.

The ministry said the changes are the result of a partnership with the Muskoday and Whitecap Dakota First Nations which began in 2019 with the goal of ensuring First Nations laws and bylaws are enforced and prosecuted in the same way as other provincial laws.

The provincial government will continue to work with those partners to develop new solutions to on-reserve law enforcement, the ministry added.

“Public safety is a priority for our members and residents,” Darcy Bear, chief of Whitecap Dakota, said in a statement.

“Combined with our new Community Safety Officer program, our Whitecap Dakota Government will use these new legislative tools through SOPA to ensure the laws we pass are enforceable both now and as we transition towards Whitecap Dakota self-government.”

Muskoday Chief Ron Bear said the amendments have been a long time coming, and said he wants the partnership with the provincial government to continue.

“We want to continue discussions on this topic and other ways, such as a tribal police force, we can address more serious offences on First Nations like drugs and violent gang activity,” he said.

A number of Saskatchewan First Nations have called for the creation of more Indigenous police forces in the province. One of the loudest voices on the issue has been Wally Burns, chief of the James Smith Cree Nation – the site of a deadly rampage last September.

“After much contemplation about the event, I know we need to develop our own police force,” Burns said last month.

“I am not stopping until we get boots on the ground. We asked for three officers, and I am still waiting for them. The true answer to overcoming these barriers to safety and protection is self-administered policing on our First Nation. I will keep echoing this truth until we have access to proper policing supports in place that fit the needs of our community.”

Currently, the File Hills First Nations Police Service is the only Indigenous police service operating in Saskatchewan.