Sitansisk First Nation eager for plan tapping police to enforce band council bylaws
Despite improved relationship, Fredericton police, Sitansisk remain at odds over bylaw enforcement
For the first time in years, the Fredericton Police Force has set up shop in a Wolastoqey community that's within the city's municipal boundary, but functions as an enclave with its own identity, laws and governing body.
Sitansisk First Nation is welcoming the force's new satellite office on Cliffe Street, where two police officers are already stationed out of, along with space for a social worker who's set to be hired later this year.
But while the community's leader praised the force for improving its relationship with Sitansisk, Chief Allan Polchies says a sticking point remains over its reluctance to enforce the First Nation's band council bylaws — particularly those aimed at banishing "undesirable" people from the community.
"It will solve all kinds of issues if there are delinquents coming in, if they're, you know, being disorderly, if they're ... bringing toxins into our community. We'd get rid of them."
In a province where the RCMP typically serves as the police of jurisdiction for First Nation communities, Sitansisk — also known as St. Mary's — is unique in that it's the only one served by a municipal police force.
That agreement was first inked decades ago through an arrangement that sees Sitansisk, the province and the federal government pay the city for the resources involved in policing the community.
The latest agreement, signed in 2023, required the force to assign two police officers and a social worker specifically to Sitansisk.
It also required they be physically stationed in the community, said Fredericton police Insp. Bobbi Simmons-Beauchamp, who oversees the force's integrated community services branch.
"So it provides us proximity to the community, which is great, but it also provides a space where people can come and get to know us on a different level," she said.
"One of the great things that our officers that are working there right now are doing is they're really demonstrating the fact that they're interested in building these relationships, having these connections."
No jurisdiction to enforce bylaws
While Simmons-Beauchamp believes the police force has made strides in its relationship with Sitansisk, she said she also recognizes there have been limits.
That includes when it comes to enforcing bylaws that have been enacted by Sitansisk's chief and council.
"There have been times ... that we've responded to the community when we haven't been able to do exactly what the community wanted," she said.
"And only that's because we didn't have the jurisdiction or authority to do that."
The Fredericton police aren't the first to decline enforcing First Nation band council bylaws in New Brunswick.
Wolastoqey leaders raised the issue last year following the homicide of Sheri Lynn Sabattis in her home community of Oromocto First Nation.
Neqotkuk First Nation Chief Ross Perley said her death came after the RCMP refused to enforce a band council bylaw aimed at banishing the man who was later charged in her death.
Asked why they don't enforce them, the RCMP at the time said police are required "to work within the parameters of all our legal authorities and obligations."
Bylaws can be enforced, says lawyer
First Nation band councils have the ability to enact their own bylaws through powers granted to them in the Indian Act, said Naiomi Metallic, a professor at Dalhousie University's Schulich School of Law.
She said communities have typically enacted them to set curfews, deal with stray dogs, or govern how businesses operate.
She said the bylaws are valid pieces of legislation, often crafted in consultation with lawyers to address a specific issue.
But when it comes to bylaws that require enforcement from a policing authority, she said there's no clear framework for how to enforce and prosecute offences.
"They are real laws, so we get that out of the way," said Metallic, who wrote a 2023 report about the issue of their enforcement.
"But then when you answer that question, there are further questions. Who enforces? Who's paying for it? And who's prosecuting? What courts are they going to?"
Metallic said offences under bylaws could be prosecuted in either federal or provincial court, but the respective governments would first need to accept the responsibility.
"I do know from looking into it, everyone was pointing fingers at everyone else, right? So there's a role for everyone to play, but I think they have to do it by negotiating with each other and figuring out what those rules are."
Potential movement from N.B. government
Changes could be coming that pave the way for police to enforce band council bylaws in New Brunswick.
Simmons-Beauchamp said the provincial government "is looking at ways to be able to better help Indigenous communities to enforce laws that are specific to their community."
Polchies offered some more details, saying the province is planning to pilot the enforcement of band council bylaws in Sitansisk later this year.
"And if that works ... they want to roll it out to the other communities," Polchies said.
CBC News asked the province for an interview with either Justice Minister Rob McKee, Public Safety Minister Robert Gauvin or Indigenous Affairs Minister Keith Chiasson, but none were made available.
Instead, a provincial spokesperson said staff with the Department of Justice and Public Safety "fully support continued dialogue" on issues such as enforcement and prosecution of band council bylaws, but did not offer details on a potential pilot project.
"We have been actively engaged in discussions with both Indigenous and police leadership to explore viable options," said Jadesola Emmanuel, in an email.
"We are committed to working collaboratively to find common ground, where communities adopt bylaws aimed at improving safety and well-being."
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