Tansi, boozhoo, edlanet'e.
On behalf of the 26 MKO first nations nations under our administration and at least 73,000 people, I am pleased to have the opportunity to share with the committee some of MKO's views on enforcement on first nations reserves.
I will also be making a few references to the MKO book of documents that MKO has provided to assist the committee.
With the help of Mike Anderson, MKO has seven key points.
First, Indian Act bylaws under subsection 81(1) and section 85.1 of the Indian Act are federal regulations under section 2 of the Interpretation Act, subsection 2(a) of the Statutory Instruments Act and subsection 7(l) of the Statutory Instruments Regulations. The B.C. Court of Appeal has confirmed this at paragraph 12 of its 1987 decision in R. v. Jimmy.
Second, and most fundamentally, Canada has failed in its duty to enforce and prosecute these valid laws of Canada. First Nation bylaws under subsection 81(1) and section 85.1 of the Indian Act have not been enforced by policing authorities or prosecuted for 25 years in Manitoba. This is a quarter of a century.
The protocol relating to the enforcement and prosecution of bylaws adopted pursuant to sections 81 and 85.1 of the Indian Act, mentioned by government witnesses before this committee, confirms that the Indian Act bylaws are not being enforced or prosecuted in Manitoba. Except for the 11 very recent protocol agreements, this has been the case across Canada.
Particularly in remote first nations communities served by periodic RCMP patrols, communities are in crisis due to the uncontrolled bootlegging and drug dealing fuelled by long-term non-enforcement of section 85.1 bylaws.
Communities are also unable to see or ensure that COVID-related emergency measures are being enforced by police and that charges are being laid and offences are being prosecuted. There is no deterrence, and compliance is undermined.
Third, we are making some important progress after a concerted months-long campaign carried out jointly with the First Nations Lands Advisory Board, the Land Management Resource Centre and the Manitoba Public Interest Law Centre.
MKO has been working with the Public Prosecution Service of Canada and the commanding officer of RCMP D Division to develop and support operationalizing a protocol that can be applied by all 26 first nations in our territory. The protocol applies only to the enforcement and prosecution of Indian Act bylaws in response to the COVID-19 pandemic; the protocol is not a long-term fix of enforcement and prosecution issues.
The Manitoba Department of Justice very recently committed to adopting an MKO recommendation to revise the 2021-22 first nation safety officer programming. These amendments will include a recognition that FNSOs have peace officer powers when enforcing all subsection 81(1) and section 85.1 Indian Act bylaws. These revisions to the FNSO operating agreements are important to clarify the powers of FNSOs when enforcing COVID-19-related bylaws under the protocol.
Mr. Anderson will continue.