First Nations organizations do not agree with Premier Brian Pallister’s announcement earlier this month on smoking being stomped out once gambling establishments reopen.
The Premier wants to put a stop to smoking in First Nations VLT lounges. There are approximately 30 such lounges in Indigenous communities where smoking is permitted.
The Assembly of Manitoba Chiefs (AMC) Grand Chief Arlen Dumas said First Nations each determine the permitted uses and extent of the regulation of the use on their lands.
“The fact that provincial laws that purport to regulate land use such as the smoking ban is invalid. This is supported by section 91(24) Indians and Lands Reserved for the Indians (Constitution Act 1867) and Indian Act By-law powers,” he said last Monday.
Dumas added that while AMC agrees that smoking is a health issue, this has now become about a ‘rights issue’ and whether or not the province thinks it has jurisdiction on the reserve.
“Health is a critical component for the survival of First Nation societies. Manitoba has failed to provide general health programs and services on First Nation lands citing their lack of jurisdiction,” he said.
“First Nations will determine the best method for dealing with any substance that negatively affects the health of any person residing on First Nation lands,” he added.
Southern Chiefs' Organization Grand Chief Jerry Daniels said the Premier has no jurisdiction or authority over how First Nations choose to operate in their communities.
“First Nations did not agree to allow a provincial or federal policy to dictate how First Nations are governed,” he said.
“The premier wants to be seen to the public that the health and well-being of First Nations are paramount to him but he has not given any support to our COVID-19 response efforts nor did he provide any on-reserve funding.”
Daniels said much of the health issues that First Nations are experiencing are systemic because institutions of non-Indigenous governments are inherently discriminatory.
“They have made adjustments to maintain the underlying values that do not support First Nations’ prosperity and quality of life,” he said.
“COVID-19 is one example of how First Nations took the extreme action to shut down transport from in and out of the communities. If First Nations do get sick, it is because the province has not taken any decisive action that First Nations are prepared to take."
Crown Services Minister Jeff Wharton said this is simply about public health and safety for all Manitobans.
“While all VLT site holder agreements since 2006 do not permit smoking, earlier arrangements in 27 sites still permit smoking. Modernization to eliminate smoking at all facilities is overdue,” he said.
“This change is fully consistent with broader policies on smoking that have been in place for almost 15 years in public spaces, workspaces and other venues.”
Wharton said throughout this process, the province will continue to meaningfully engage and work collaboratively with the leadership of our First Nation communities.
“We share common goals and objectives to provide a healthier environment for everyone,” he said.
Nicole Wong covers northern and Indigenous issues for the Winnipeg Sun under the Local Journalism Initiative, a federally funded program that supports the creation of original civic journalism.
