Tax wars heating up

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New Brunswick Indians are threatening to set up toll booths on portions of the Trans Canada Highway in retaliation for an 11-per-cent provincial tax hike.

The idea to charge motorists has been brewing for some time, said Edmundston Chief Jean-Guy Cimone.

"They've been driving through our reserve since the highway was built (in the mid 1960s) and never compensated us for the use," said Cimone. "They will try to stop us for sure, but those roads are on our land."

Chief members of the Union of New Brunswick Indians met Oct. 15 in Fredericton to discuss strategies to combat taxing Indians for purchases made off reserve. While the organization has filed a court challenge against the tax, further action was planned to ensure the issue isn't forgotten until a trial is set, said a union representative.

Toll booths may be established on the Kingsclear, Woodstock and Edmundston Reserves, which are crossed by the Trans Canada Highway. The three reserve chiefs met again this month to finalize details on the protest. They plan to advise the provincial government of their actions once an agreement between chiefs has been met.

Reaction to the 11-per-cent tax has varied form Native-led protests to subtle cooperation between store owners and reserve members. If an item is delivered to a reserve by the store or an agent for use or consumption, the tax is not applicable.

And in order to keep their customers, many stores are allowing Natives to be "independent agents" or simply signing receipts "delivered."

"We have to go into town to get food, clothing and furniture, because we don't have any big stores on the reserves," said Cimone.

And rather than shell out the money to deliver small items like clothes to the reserve, merchants are willing to consider Native customers "agents", he said. Otherwise, reserve members will seek other, more accommodating stores.

A trial date for the Union of New Brunswick Indians court challenge will be set on Nov. 1 in Fredericton. Spokesperson Ray Doucette is confident the organization will win the first round relating to on-reserve purchases.

A twist in the case may be to include the issue of land claims on the Atlantic province.

As New Brunswick Indians never signed treaties or formalized relinquishment of land, the entire province could be considered a reserve, say union representatives.

Therefore Natives should not be taxed anywhere in the province, they say.

Premier Frank McKenna announced the tax on off-reserve purchases in the spring budget. The announcement sparks a series of road blockades during the Easter weekend, which resulted in confrontations with the RCMP and several Native protesters being arrested.