Province's laws moot: reserve
Thursday, 10 November 2011 11:41 First Nation opens cheap-smoke and gaming site; challenges province By: Matt Goerzen
PIPESTONE, Man. -- Members of the Canupawakpa Dakota First Nation celebrated the opening of a controversial smoke shop and gaming centre with free cigarette samples and a challenge to provincial tobacco and gaming laws.
"We understand what we're doing," Canupawakpa Dakota Chief Frank Brown said during the shop's opening ceremonies Wednesday. "That's why we're here today. The province or the RCMP is going to come. But the question is, what laws are they going to use to do that?"
He said he's tired of watching mounting social problems for the 600 people on the reserve near the Saskatchewan boundary. The reserve's funding hasn't changed since 1980 although its population has doubled since then, he said.
About 80 people lined up to buy cheap cigarettes from the Dakota Chundee Smoke Shop and Gaming Centre, which is defying provincial regulations.
The opening drew supporters, including former Roseau River First Nation chief Terrance Nelson.
"This is going to break open the whole thing about gaming, about cigarettes, about white people making money on our lands and our resources," said Nelson.
But mostly, those in attendance came for the cheap cigarettes, which are marketed as chemical-free and all-natural.
"Why I want to try them is that they say they're all free of all the drugs and everything you get in the government cigarettes," Virden resident Dale Hrynko said after purchasing a full carton of cigarettes for $40, about half the going price in mainstream stores.
The smoke shop, licensed under the name Great Buffalo Nation Dakota and located about 100 kilometres southwest of Brandon, sells cigarettes produced by Rainbow Tobacco, a Mohawk company based on the Kahnawake Reserve near Montreal.
Plans were also underway for a Texas hold 'em tournament to start at 6 p.m. Wednesday -- despite the shop being neither provincially licensed for gaming nor for tobacco sales. There were to be five tables set up in a large backroom, with a $30 entry fee, a $3 buy-in and a 50-person limit. Approximately 100 VLTs that were being shipped into Manitoba from the United States for the opening were delayed, Brown said, due to problems with a funding arrangement and delivery.
Earlier in the morning, Manitoba Finance's taxation division taped a letter that was addressed to Brown to the front door of the shop, warning that the plans to open the shop Wednesday were potentially in violation of Manitoba laws. But Brown dismissed the province's warning and challenged provincial authorities to find a law that will force him to abide by Manitoba jurisdiction.
"Where is their legal document to say that it's their jurisdiction?" Brown said.
Canupawakpa Dakota First Nation is in a relatively rare situation in Manitoba. Brown said the band had a treaty with the British, but current members don't have official treaty status and are essentially considered refugees within Canada.
The band filed a claim in federal court against Ottawa several years ago, but nothing has come of it, he said. That's why the band decided to make the move aimed at getting itself prosecuted. Brown said that would allow the First Nation to argue its case in court and speed up the quest for treaty status.
Brown was charged with selling illegal cigarettes two years ago, but the charges were dropped.
The chief said he's not worried that setting up a gambling lounge and selling cheap cigarettes will exacerbate the reserve's social problems. The cigarettes they sell contain all the graphic warnings of a regular pack but aren't as addictive, he said.
"This is a very small step in establishing a better future for our people," said Dakota Plains First Nation Chief Orville Smoke, who has been leading the charge to open the store together with Brown. "To me the store and our endeavour in the last several months represent a source that will provide for my people, something that the federal government of this country cannot do."
No law enforcement officers attended the property while media were present. RCMP spokeswoman Sgt. Line Karpish said the RCMP would only assist the Finance Department if and when it chose any action against the First Nation. But she did say the RCMP were well aware of the smoke shop and gaming centre.
Provincial spokeswoman Jodee Mason issued a statement stating the province expects Brown "to follow the law and regulations in this private venture, just like everyone else."
-- Brandon Sun, with files from The Canadian Press
First Perspectives
Thursday, 10 November 2011 11:41 First Nation opens cheap-smoke and gaming site; challenges province By: Matt Goerzen
PIPESTONE, Man. -- Members of the Canupawakpa Dakota First Nation celebrated the opening of a controversial smoke shop and gaming centre with free cigarette samples and a challenge to provincial tobacco and gaming laws.
"We understand what we're doing," Canupawakpa Dakota Chief Frank Brown said during the shop's opening ceremonies Wednesday. "That's why we're here today. The province or the RCMP is going to come. But the question is, what laws are they going to use to do that?"
He said he's tired of watching mounting social problems for the 600 people on the reserve near the Saskatchewan boundary. The reserve's funding hasn't changed since 1980 although its population has doubled since then, he said.
About 80 people lined up to buy cheap cigarettes from the Dakota Chundee Smoke Shop and Gaming Centre, which is defying provincial regulations.
The opening drew supporters, including former Roseau River First Nation chief Terrance Nelson.
"This is going to break open the whole thing about gaming, about cigarettes, about white people making money on our lands and our resources," said Nelson.
But mostly, those in attendance came for the cheap cigarettes, which are marketed as chemical-free and all-natural.
"Why I want to try them is that they say they're all free of all the drugs and everything you get in the government cigarettes," Virden resident Dale Hrynko said after purchasing a full carton of cigarettes for $40, about half the going price in mainstream stores.
The smoke shop, licensed under the name Great Buffalo Nation Dakota and located about 100 kilometres southwest of Brandon, sells cigarettes produced by Rainbow Tobacco, a Mohawk company based on the Kahnawake Reserve near Montreal.
Plans were also underway for a Texas hold 'em tournament to start at 6 p.m. Wednesday -- despite the shop being neither provincially licensed for gaming nor for tobacco sales. There were to be five tables set up in a large backroom, with a $30 entry fee, a $3 buy-in and a 50-person limit. Approximately 100 VLTs that were being shipped into Manitoba from the United States for the opening were delayed, Brown said, due to problems with a funding arrangement and delivery.
Earlier in the morning, Manitoba Finance's taxation division taped a letter that was addressed to Brown to the front door of the shop, warning that the plans to open the shop Wednesday were potentially in violation of Manitoba laws. But Brown dismissed the province's warning and challenged provincial authorities to find a law that will force him to abide by Manitoba jurisdiction.
"Where is their legal document to say that it's their jurisdiction?" Brown said.
Canupawakpa Dakota First Nation is in a relatively rare situation in Manitoba. Brown said the band had a treaty with the British, but current members don't have official treaty status and are essentially considered refugees within Canada.
The band filed a claim in federal court against Ottawa several years ago, but nothing has come of it, he said. That's why the band decided to make the move aimed at getting itself prosecuted. Brown said that would allow the First Nation to argue its case in court and speed up the quest for treaty status.
Brown was charged with selling illegal cigarettes two years ago, but the charges were dropped.
The chief said he's not worried that setting up a gambling lounge and selling cheap cigarettes will exacerbate the reserve's social problems. The cigarettes they sell contain all the graphic warnings of a regular pack but aren't as addictive, he said.
"This is a very small step in establishing a better future for our people," said Dakota Plains First Nation Chief Orville Smoke, who has been leading the charge to open the store together with Brown. "To me the store and our endeavour in the last several months represent a source that will provide for my people, something that the federal government of this country cannot do."
No law enforcement officers attended the property while media were present. RCMP spokeswoman Sgt. Line Karpish said the RCMP would only assist the Finance Department if and when it chose any action against the First Nation. But she did say the RCMP were well aware of the smoke shop and gaming centre.
Provincial spokeswoman Jodee Mason issued a statement stating the province expects Brown "to follow the law and regulations in this private venture, just like everyone else."
-- Brandon Sun, with files from The Canadian Press
First Perspectives
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