First Nations, province sign law enforcement deal

While First Nations in Saskatchewan have long been able to draft bylaws and land laws for use on reserve, the matter of enforcement has brought challenges.

Changes started on Friday with the signing of a memorandum of understanding between leadership from Whitecap Dakota First Nation and Muskoday First Nation in order to address how First Nations laws can be enforced.

“A lot of time, a lot of effort, a lot of resources have been spent in drafting these bylaws,” Muskoday Chief Herman Crane said. “To me, what this means is blowing the dust. To get the dust off of these bylaws, get them off the shelf and give them some meaning and some authority.”

The task force, which hopes to come to a solution by April 1, will look at enforcement strategies ranging from investigation all the way to adjudication and the issuing of fines and other penalties.

Justice Minister Don Morgan and Corrections and Policing Minister Christine Tell signed the agreement with Crane and Whitecap Chief Darcy Bear at the Dakota Dunes Golf Links clubhouse on Whitecap First Nation. The project could potentially result in the creation of community safety officer or peacekeeper roles on reserve.

Bear said the arrangement has broader implications for pursuing Indigenous self-governance and economic ramifications in regard to future investment opportunities for the community.

A significant part of the arrangement is that the laws would apply to anyone on First Nations land.

“(The laws) need to be applied to all people that come on our lands, not just our members. Having this partnership in with the province ensures that,” he said.

Morgan said he was looking forward to seeing the result of the collaboration, including the broader implications for enforcing First Nations laws. “Our hope is that other First Nations will be able to make use of any enforcement mechanisms that will result from work done on this project,” Morgan said.