M’CHIGEENG—The challenge with band council resolutions, or BCRs as they are commonly referred to, has often been enforcement. A new program at the United Chiefs and Councils of Mnidoo Mnising (UCCMM) aims to solve those issues with the object of improving safety.
“The UCCMM has moved to fully enforce its own bylaws in the interest of public safety,” noted new Bylaw Operations and Community Safety Manager Jordan Atchison. “Traditionally, First Nation bylaws have had a complex history shaped by colonial laws and changes in Indigenous self-governance.”
Mr. Atchison explained that the issue first began under the Indian Act, when bylaws were registered and published as regulations, often without full consent and consultation with the First Nation communities.
“UCCMM is unique as it serves and represents five First Nation communities on Manitoulin Island and Whitefish River First Nation,” said the bylaw manager. “Over time, exemptions were granted which then led to a more autonomous process for First Nations to enact and publish their own laws. Today, UCCMM has used various avenues which included retaining their own legal council to manage and disseminate their laws, reflecting a shift towards self-governance and sustainability.”
According to Mr. Atchison, UCCMM is the recipient of funding through the prosecution pilot project that is underway to explore the enforcement and prosecution of First Nations laws and bylaws. This initiative, funded jointly by the Ontario Ministry of the Attorney General (MAG) and Justice Canada, allows First Nations in Ontario to apply for funding to support the prosecution of their own laws. The pilot project aims to gather information and lessons to inform future strategies related to the prosecution of Indian Act bylaws and Land Code bylaws. Through this project the UCCMM has retained their own prosecutor to prosecute their laws and bylaws in the Ontario Court of Justice.
Mr. Atchison is well prepared for his new role, having previously served over 16 years in First Nations policing. He said he has a vision for the program based on his own experiences within law enforcement, including the immediate need to address non-community members entering the communities for the purpose of the drug trade, human trafficking and other criminal elements.
In addition to community safety bylaws, the UCCMM will be looking to enforce animal control, building codes and standards, excessive noise complaints and other violations as the program continues to grow and develop. “This can be accomplished only through teamwork and full buy-in from our community members and stake holders,” he said.
Bylaw enforcement has been a challenge for many First Nations communities, like the OPP, UCCM Tribal Police Services are not mandated (or funded) to enforce bylaws. In the OPP’s case, those bylaws are set by municipalities, in First Nations communities, bylaws are set by band council resolution, but in neither case do the provincial or federal governments allow for the enforcement of such laws.
In municipal communities, bylaw officers are mandated to issue and enforce tickets. Now, Island First Nation communities will have the same level of support thanks to the new program.
