CANADA has human rights legislation, the Indian Act and myriad legal complexities, but for the people of Fisher River Cree Nation, none of these take priority over protecting children from drugs and drug dealers.
Several years ago, after a lawyer explained the obstacles Fisher River would face in developing legislation to combat illegal drugs, an elder told him nothing, not even the legal system, should be allowed to stand in the way of fighting illegal drugs.
Then, with the community’s message made clear, the lawyer explored the approaches Fisher River could take in developing policies to free the community from the influence of drugs, drug dealers and drug-using employees.
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Fisher River is a First Nation community 200 kilometres north of Winnipeg. It has an on-reserve population of about 2,000.
Illegal drugs were a big problem, as they are in many Native and non-Native communities.
In 2004, a bylaw was developed using the Indian Act in ways that it had never been applied before. First Nations have powers and limitations on power that do not have an exact parallel among municipalities, provinces or the federal government.
All employees are subject to random drug testing. Employees who fail are evaluated and treated for addiction. Workers who refuse to be tested or get treatment could lose their jobs.
The Indian Act doesn’t provide for mandatory testing of the chief and councillors, so chief David Crate and all four councillors take part voluntarily.
Fisher River has also banned from its reserve eight people suspected of selling drugs. They were not band members, but future actions might target band members who are dealing by taking away band housing, education funding and other benefits. Dealers might also be expelled from the band membership list. All of these measures are in line with the traditional Indian approach of disciplining through shunning.
The bottom line for Fisher River is that the fight against illegal drugs is being seen for what it is, a matter of life and death.
Neighbouring Peguis First Nation adopted an illegal drug bylaw in 2007 and the Long Plain First Nation near Portage la Prairie has testing of council and employees.
First Nations that address this issue deserve tremendous credit, because almost everyone who supports these initiatives has a child, relative or friend who could lose a job or a benefit.
Morris Swan Shannacappo is grand chief of the southern chiefs organization that represents 36 First Nations in Manitoba.
