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Tobacco Wars: Finding solutions Haudenosaunee Confederacy tackling federal intrusion By Lynda Powless Editor Controlling Haudenosaunee trade appears to have been a long time goal of federal and provincial govern- ments. When economic develop- ment first started in First Nations communities in the 1980s bands were re- stricted to engaging only in ventures that would not compete with any business in communities surround- ing them. It assured surrounding communities of the eco- nomic stability of millions of dollars in federal funding and private wages from First Nation people flowing into their towns and cities. Arid they have. To the tune of millions of dollars a year from Six Nations into surrounding retail markets cutting short any growth of a retail market or industry at Six Nations. That is until the tobacco industry was launched in the 1980s. Since then , the trade has blossomed despite at- tempts by Canada and On- tario to shut it down. But more controls are coming with five bills aimed at everything from marriage to bylaws to elections to commerce. And the federal govern- ment is prepared to invest more money in policing to attack the First Nations to- bacco industry, at least that section of the industry it deems as "contraband." The Six Nations Hau- denosaunee Chief's Council (HCCC) has appointed a three person committee, Mohawk Chief Allen Mac- Naughton, secretary and Cayuga sub-chief Leroy Hill and technical adviser lawyer Aaron Detlor to come up with a draft posi- tion on the entire slate of feperal bills the Harper gov- ernment is implementing that essentially make "in- cremental" changes to the Indian Act. "Freedoms and liberties always come with responsibility and vigilance to keep those liberties." Mohawk Chief Allen MacNaughton Incremental changes Prime Minister Stephen Harper warned band council chiefs last winter at its his- toric Crown/First Nations meeting in Ottawa would be coming. A draft HCCC position will be heading to the Con- federacy 's April meeting. "The chiefs asked us to draft a position that is a principled approach to the legislation coming out of Ottawa," said Aaron Dettor. He said the position is not just reflective of Ontario and Canada. "We have begun the process of considering a re- sponse mindful of the broader implications of this type of legislation," he said. Mohawk Chief Allen Mac- Naughton said the Confed- eracy position will speak to all the federal legislation from the matrimonial real Mohawk Chief JUien Mac Naughton property act, to education, to Bill C-10. He said the Confederay is working with local tobacco manufacturers to draft a position on the federal C- l O amendment that will re- flect the Confederacy's autonomy. He said that includes pos- sible Haudenosaunee regu- lation of the industry but "Canada and Ontario have to be aware that none of the acts that they may have passed in their legislative bodies will ever be-enforced or recognized on Six Na- tions territory." He said "the Confederacy will do its work diplomati- cally and politically but people themselves should realize they have to stand together. That while we may have words and go to meetings there are actions that have to be taken in de- fence of Six Nations terri- tory to keep the rights and liberties we have." He said he is not suggest- ing violence, but "I am not excluding the fact that they may have to defend what they believe in. It's the big- otry in the greater society that has put pressure on their police forces to come up with this kind of legisla- tion that may see those po- lice forces trying to enforce it here." He said people need to or- ganize. "We may have the rights and liberties as a free people not to charge the Crown's taxes here, but the people around us are our neighbours. We have to be responsible for these rights and privledges that we have here. " He said that could mean tobacco manufacturers may have to give back to the community to protect both the collective right and to ~eep pressure off the com- munity. He said "those involved in the industry are going to have to come together and work together. " He said those regulations could include pricing. "I be- lieve that the people work- ing in the industry, instead of making a pittance, be- cause they are competing with each other and it is not regulated, it could ben- efit this community and people around us if mini- mum pricing was regulated by a board." He said "freedoms and liberties always come with responsibility and vigilance to keep those liberties." He said even those unaf- fected by C-10, such as Grand River Enterprises (GRE) and others with fed- eral licenses will be af- fected. "If they do not cooperate with the Confederacy, they will be subject to outside laws. If they do not have the protection of the Con- federacy they leave them- selves out there. " The response has been triggered by recent con- cerns over an amendment to Bill C-10 a safe streets and crime bill that will ex- tend policing of "contra- band" from federal jurisdicition. the RCMP, to OPP, regional and local po- lice forces to enforce. Detlor said the Canadian muscle move is reflecting what is already happening in the U.S. "We are considering and aware of how this process in Ontario seems to be replicating what has hap- pened in New York and the U.S. generally." He says the Confederacy position "will ultimately re- flect the inherent jurisdic- tion of the Confederacy and soverignty of the Six Na- tions people and we believe it is entirely appropriate to develop an inhouse solu- tion." But he said that inhouse solution to the tobacco trade industry will have to include those involved in the industry. "The inhouse solution will have to be to some ex- tend moved forward by those who are directly af- fected. From the Confeder- acy perspective, the chiefs believe it has never been their role to do what busi- ness people do." He said, "the chiefs pro- vide the space for people to do business and be suc- cessful, but don't take over the business." He said the draft position will also comment on a number of federal bills that have already been approved by Ottawa or are coming. "We are developing inter- nally those positions to make sure they are consis- tent with where the chiefs stand on a number of issues and are conscious of the fact that this appears to be part of a broader attempt to de-ligitimize Hau- denosaunee sovergnity." "In essence what we are saying is that today it's to- bacco. Tomorrow it could be lumber, or employment income, until Hau- denosaunee tax immunity is gone." He said the Harper gov- ernment's Bill CI O ( the safe streets and crime bill) amendment that deals with First Nations tobacco in- (Continued page 7)