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Tobacco Wars: Haudenosaunee Conlederacv tackling economic war ... (Continued from page 6 dustry) may appear as if this federal Bill won't touch you , but the difficulty is , there are several types of manufacturers, some feder- ally but not provincially compliant, some Confeder- acy compliant, some provincially compl iant and others no one knows what they are doing, but this bill will affect everyone." He said the recent hike in tobacco prices from feder- ally and provincially recog- nized tobacco manufacturers was "the thin edge of the wedge of ( tax right losses. The excise ~ tax has become embedded in the pricing." He said there is no legal foundation for the imposi- tion of an excise tax on First Nations. "If I buy a product tax ex- empt it should be tax ex- empt. So now they are trying to embed the taxes and suggest that it is not a tax but it is ." He said while tobacco manufacturers are now in- cluding the additional tax in their products sold on re- serve, "legally, as a status Indian you are not required to pay it. But the manufac- turers are embedding it into their prices." Those increases, imposed by First Nation manufac- tures on products made and sold on reserve, he says could be challenged. "But you would have to challenge it in your own backyard very carefully and weigh it against what these manufacturers do for the community." He said the community needs to have its own de- bate on the imposition of the excise tax within its borders. "The community is gong to have to debate the excise tax issue keeping in mind the relative economic bene- fit manufacturers paying the tax like Grand River En- terprises (GRE) provides. No one denies the benefit of what has happened to GRE and their growth, but how do you balance that against what GRE has intro- duced whether intentional or not. That's the discus- sion that needs to take place." He added "if the manufac- turers agree to self regulate under the auspices of the Confederacy, then where does GRE fit into that. " GRE is a federally licensed tobacco manufacturing plant producing products sold in First Nations com- Aaron Dettor munities, in both Canada and the U.S. and has plants world wide. It lost an appeal to Rev- enue Canada Agency last year attempting to argue tobacco products manufac- tured on a reserve for sale to natives should be ex- empt from excise taxes, claiming the act only ap- plied to members of the public. That loss included as much as $150 million in excise taxes. For more than a decade GRE has maintained it has tried to push either the band council or confederacy to fight the tax issues and demand Ottawa share its excise taxes with the band. GRE CEO Jerry Montour has appeared several times at band council seeking support from the band to seek a tax sharing revenue agreement. Several First Na- tions in B.C. have imple- mented similar agreements. That has not happened at Six Nations. Meanwhile CRA spokesperson Philippe Brideau told Turtle Island News "The issue of revenue sharing would fall outside the responsibility of the CRA and under the purview of the Department of Fi- nance." The DOF did not return Turtle Island News calls. New York state 's attor- ney general has filed a law- suit against GRE in an attempt to stop the move- ment of tax-free cigarettes from the Six Nations plant to New York tribes, includ- ing the Seneca Nation of In- dians. Attorney General Eric T. Schneiderman filed the lawsuit a year ago against GRE, its Six Nations plant and principals - Jerry Mon- \ tour, a member of the ·· Wahta Mohawk band (no relatiop to Arthur Mon - tour), and Kenneth Hill. a Six Nations band member and a shareholder in the company and Seneca busi- nessman Art Montour the suit says was working with the Canadian operation to sell billions of tax-free ciga- rettes marketed under the "Seneca" brand name. Mil- lions of dollars in penalties may be at stake. The suit is still before the appeals court. Both GRE and Native Wholesale Supply have filed motions to dismiss, said Casey Aguglia, of the attor- ney general's office. "We are still awaiting the court's decision." Detlor says the GRE is an example of government shackling First Nations eco- nomic independence. "Economic self sufficiency is okay to the federal gov- ernment ... but don't make too much money. So if that is the case what is the framework we need to set up to deal with that kind of thinking." With increased industry, Six Nations. is facing in- creased infrastructure con- cerns. Water, roads, landfill site issues have all come to the forefront in recent years. "Infrastructure needs are a serious concern. Would the community have needed the nice new water plant, or reinfoced gas lines or had its landfill site fill up so quickly if it didn't have increased industry and in particular such a large in- dustry as GRE," he said. He said "those are all is- sues that the chiefs will be considering. How do we pay for the increased wear and tear on roadways or even the Chiefswood Road Bridge. The bridge can only take so much and it begins decreasing the lifespan of the bridge." Former elected chief Bill Montour says he wants to see Six Nations develop its own tobacco commission and laws. The Confederacy and band council had worked on a "tobacco law" in 2009 and 2010. "I still think that has merit where both councils mandate a tobacco com- mission that has delegated authority." He said the solution to provincial quotas is "we have to get off reserve wholesalers out as distrib- utors for Six Nations" Meanwhile the Six Na- tions Band council is con- sidering the Kahnawake Tobacco law and has come out against Bill C-10. Breakdown of Legislation Affecting First Nations Passed Legislation Title: Bill C-1 O The Safe Streets and Communities Act Details:Omnibus crime bill, with additions and amendments to the Criminal Code, Youth Criminal Justice Act, State Immunity Act, Controlled Drugs and Substances Act, the Youth Criminal Justice Act. Date passed: April 2012 Legislation Title: Bill C-27 First Nations Financial Transparency Act Details:An Act to enhance the financial accountability and transparency of First Na- tions. Provisions mandating the auditing and reporting of a band's finances Failure to provide and publish financial statements results in withholding of funding to that First Nation Date passed: March 2 7, 2013 Legislation Title: Bill S-2 Family Homes on Reserves and Matrimonial Inter- ests or Rights Act Details: Provides First Nations with the power to enact laws relating to matrimonial real property on reserves The federal provisional rules in the bill will apply until a First Nation has such laws in force. Six Nations band council has developed its own Matrimonial Real Property law Date passed: June 19, 2013 Legislation Title: Bill S-8 Safe Drinking Water for First Nations Act Details: Regulates the provision of safe drinking water on First Nations Puts the onus on band councils to provide safe drinking water. No extra funding provided to ensure safe drinking water. Date passed: June 19, 2013 Pending Legislation Title: Bill C-1 o amendment :The Tackling Contraband Tobacco Act . Details:An amendment to the Safe Streets and Communities Act Tabled in Novem- ber 20 I 3 Adds "contraband" tobacco trafficking as an offence in Criminal Code Many First Nations rely on tobacco industry for economic prosperity Stage of Implementation: Estimates expected to pass third reading in the House within a month Legislation Title: First Nations Control of First Nations Education Act (FNCFNEA) Details:Originally introduced as the First Nations Education Act in 2013 FNCFNEA introduced in February 2014 Promises $1. 9 billion in funding to First Nations education starting in 2016 Stage of implementation: Expected to come into effect in September 2014, according to Six Nations Elected Chief Ava Hill Legislation Title: Bill C-428 Indian Act Amendment and Replacement Act Details: Aims to amend the Indian Act to require band councils to publish their by- laws The Indian Act will be silent on by-laws regarding alcohol Federal employees, missionaries, and school teachers may now trade with Indians without a license and will not be guilty of an offence and fined Minister can no longer enter into agreements with religious organizations regarding the education of Indian children Stage of implementation: Passed through House; has passed first reading in Senate, November 2013 Legislation Title: Bill S-6 First Nations Elections Act Details: Introduced December 20 I I Law that regulates elections and term of office of chiefs and councillors of certain First Nations and the composition of council of those First Nations Stage of implementation: Passed second reading in House of Commons, June 2013