Cigarette smugglers fined $54,000

Page 2

The case was an interesting one said the judge. But then he found the two treaty Indians on trial guilty of selling tax-free U.S. cigarettes and the May 6 court proceeding became a little frightening as well.

"When he said guilty, I didn't know what to expect after that," said George Poitras, 57, of the Peepeekiss Band of Saskatchewan. "My eldest daughter had to leave." Poitras, and his brother James, 47, were charged with smuggling cigarette and tobacco products after an RCMP raid on their homes in December 1992. Police seized $120,000 worth of contraband, including 2,000 cartons of cigarettes and 650 pouches of blended tobacco. It was the largest seizure of its kind in Saskatchewan history.

Federal Judge Ronald Barcley fined James $43,000 on two counts of smuggling. George was fined $11,000. There was no jail term, or default term set out for the men, so in practical terms, the fine cannot be enforced, said George.

The brothers did not contest the Crown charges, nor were they represented by council. They argued the court had no jurisdiction over reserve treaty Indians as a result of ancient treaties entered into by their ancestors with the British Crown.

"When we gave up the land we didn't give up the nation," said George. "The sovereignty remained, the jurisdiction remained. Indian Nations did not give up everything."

But the judge dismissed the argument brought forward by the two men.

"Indians have agreed to obey and abide by our law and therefore are bound by all Canadian and provincial laws unless they conflict with the treaty," Barclay concluded in a 26-page judgment.

The Supreme Court of Canada deemed that Indian treaties should be given a fair, large and liberal interpretation in favor of Indians, but within the treaty itself it is clear that all parties were concerned with law and order, Barclay wrote.

The judge found the accused guilty because he saw nothing in the treaty which would exempt Indians from complying with the provisions of the Customs and Excise Act, the judgment noted.

The judge was fair and allowed Elders, historians and members of the community to act as witnesses, said George. But Barclay didn't have much choice but to find the brothers guilty, said George. The whole system of justice in Canada would have taken a step backwards if he would have decided in favor of the Poitras, he said.

George said the judgment will be appealed, and the brothers are encouraging allies to help them in their next phase of defence. The Poitras are trying to woo Treaty 6, 7, and 8 representatives to intervene for them.

"As far we we're concerned, we've gone as far as we can alone," said George. "We want to go to the world court - set up a tribunal in Europe." George wants to force Canada to come to the table and explain its position.