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Bill C-10 from the perspective of two lawyers By Jen Mt. Pleasant Last Saturday, concerned members of the commu- nity packed a room at Six Nations Polytech to listen to various speakers dis- cuss Bill C-10 and what will happen if it is made into law. Toronto criminal lawyer Mike Leitold in- formed the crowd that the new Bill C-10 is an at- tack on economic self-de- termination of Haude- nosaunee people. Before First Nations people try and decide what steps to take next, he explained, "We need to look at the facts before you organize a response." "So what is Bill C-10," Leitold asked. "It is an attempt to criminalize possession of any to- bacco that hasn't been stamped. Called Tackling Contraband Tobacco, it will allow for mandato- ry minimum sentencing if a person is found with 10,000 cigarettes or more (approximately SO cartons). It also includes raw leaf tobacco in the amount of 10 kg or more." Those found guilty of possessing, distributing or transporting tobac- co, will be sentenced to · mandatory mm1mum sentences: 90 days in jail for a second offence; six months for a third of- fence and two years less a day for a fourth offence. Mandatory minimum sentencing means your lawyer has no power be- cause the punishment has already been pre-de- termined and the judge must hand out jail time. But the biggest deal here, according to Leitold is this, "The RCMP en- force the Excise Tax Act but if Bill C-10 gets legis- lated, it will then involve provincial and municipal police forces, including First Nations police, who will all be tasked to en- force the -contraband to- bacco law." According to the Leg- islative Summary on Bill C-10, "the biggest chal- lenge for enforcement has been the differing interpretations of First Nations and the Cana- dian government ,,. about the content of Aborigi- nal rights and who has jurisdiction on reserves. These issues have clear- ly affected how govern- ments and law enforce- ment agencies address contraband tobacco on and around reserves. Nonetheless, relation- ships have developed between law enforce- ment agencies on ·and off reserve. For example, in the Cornwall area, there are various efforts such as joint investigative units and a task force to encourage collaboration between various enforce- ment organizations such as the RCMP, the Canada Border Services Agency, the Ontario Provincial Police, the Cornwall Com- munity Police Service and the Akwesasne Mo- hawk Police Service." Leitold also said that the Chief Superintendent of the Ontario Provincial Police told a committee on December 5, 2013 that the 401 corridor is the btggest · · thorough-fare for contraband tobacco and also the Quebec side of Akwesasne and sug- gested that police powers need to be 'ramped up' in those areas. Enforcement of the Excise Tax Act currently includes search warrants but if this Bill becomes law, this will mean the government will up its capacity especially in the 'investigative front'. More warrants will be sought with certain per- m1ss10ns granted, ex- plained Leitold. With this new Bill, search warrants will be easier to obtain, .. . . CONTINUED QN PAGE 12