Good afternoon. My name is Lloyd Phillips. I am the public security advisor for the Assembly of First Nations of Quebec and Labrador. I'd like to thank you for the opportunity to present this brief statement before the committee.
The AFNQL is a regional political organization that acts as a secretariat for the chiefs. We receive our direction and develop our political positions exclusively from the direction of the chiefs of Quebec and Labrador. As such, we do not have any authority over communities. Rather, various files have been established by resolution and have been identified as global issues, and work is done for the collective.
The AFNQL is here today in a supportive role to the communities that are involved in the tobacco trade. We also have concerns over the potential negative impact of the criminalization of first nations. Most first nations citizens are law-abiding, have no involvement in the tobacco trade, and certainly have no connection to drug trafficking or other crimes.
In a discussion of the first nations tobacco industry, it must be realized that there are vast differences of opinion. It is apparent by actions, both historical and recent, by the federal and provincial authorities that they currently view this industry as illegal. First nations will strongly disagree. There are historical and jurisdictional as well as aboriginal and treaty rights involved.
The word “contraband” is a blanket word referring to products that do not conform to federal or provincial laws and regulations. Therefore, it creates a principled disagreement from the start. It clearly ignores any first nations jurisdictional positions or aboriginal or treaty rights. This mindset of the federal authorities could be applied to any product manufactured on first nations territories. However ridiculous it may sound, we could be here discussing contraband moccasins or contraband jewellery. We are not so naive as to think it is this simple. However, the principle remains valid.
At a recent press conference, the Minister of Public Safety and the RCMP, through the release of the RCMP strategy on contraband tobacco, stated that organized crime groups have affiliated themselves within the tobacco industry and are using money raised to fund drug trafficking and other criminal activities. They further stated that more than 100 organized crime groups are active in the tobacco industry, not all within first nations and not all linked to drugs or other criminal activities. This concludes that any group of individuals who are working in the tobacco or cigarette industry are being viewed as “organized crime”.
This is a dangerous precedent. Including cigarettes and tobacco, which is primarily a taxation issue and highly political, in the same category as drug traffickers and other crimes is not only wrong, but it sets the stage for conflict. Removing the politics associated with the tobacco trade and treating it strictly as a public safety and national security issue sets the stage for disaster.
Throughout recent Canadian history, it has been proven that treating a political problem with law enforcement simply doesn't work. As previously mentioned, the RCMP has released a strategy to combat tobacco. It states that crimes such as drug trafficking, illegal firearms, human smuggling, and even links to terrorist groups are involved in the tobacco industry. It must be stated that first nations community members do not want criminal activity in their communities. They do not condone in any way this type of activity. Most people in the industry are strictly involved in tobacco and are simply trying to earn a living.
Most first nations police forces are active in eliminating this type of activity. First nations police forces and governments are in the best position to identify the scope and strategy to deal with these types of criminal activities on their territories. Proper capacity for first nations police is essential to carry this out. Proper protocols with the RCMP and other law enforcement agencies are also essential.
The RCMP has committed itself to working with first nations. However, the scope of any discussions will be limited to the mandate of the RCMP. The federal government must also commit itself to meaningful discussions on long-term and lasting solutions. Long-term and lasting solutions will only occur if there is a recognition of first nations jurisdictions and first nations legislation that will legitimize the industry with proper regulations on all aspects. Through the support and cooperation of the federal government, proper capacity could be developed that could enable such development. The onus will be on the federal government.
The determination of the exact priority issues will be done by communities; however, it is recommended to include solidifying first nations policing agreements, ensuring that proper capacity is established, and ensuring that proper protocols among law enforcement agencies are established and respected. A process of distinguishing between political issues and those of a criminal nature needs to be put in place immediately, as well as to determine if there are any short-term or interim arrangements that could facilitate longer-term goals.
Through a combined effort of meaningful political discussions and respectful law enforcement, a strategy that ensures the long-term viability of the industry and a plan to deal with public safety concerns could be developed.
All first nations strive for greater control over a community's affairs and greater control over their destiny. This can only be done through meaningful dialogue, resulting in recognition of first nations jurisdictions and a plan to ensure quality capacity is built.
Today we are here discussing tobacco, but it could easily be an issue on logging, mining, or a fishing dispute. Jurisdictional and rights-based issues will not go away. We should not wait until it becomes a crisis before dialogue starts.
Thank you.