There is no panacea to cure the damage on many First Nations, but more tools can be placed in the hands of local band councils.
The inquest into the killings at the James Smith Cree Nation will have repercussions far beyond the tragic weekend in September 2022 when 11 people lost their lives and a further 17 were injured.
The sequence of events that include drug addiction, a flawed justice system and the jurisdiction of the chief and council extend to all First Nations across Canada.
In some ways, the community is unique. It is comprised of three communities that were thrown together by the Department of Indian Affairs. Today three chiefs and councils share the land base.
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James Smith and Chakastaypasin are from Treaty 6 while the Peter Chapman First Nation is treaty five. This has created internal friction as well as a land base that was never increased to accommodate the amalgamation of three First Nations.
However, like most First Nations on the Prairies, the children were sent away to residential schools, causing the ongoing trauma within the community. About half of the First Nations population lives off the reserve, not unlike many in the area.
Also, the methamphetamine epidemic is having an impact, much like with other First Nations. The tragic events on James Smith could have happened in other Indigenous communities as well.
There is no panacea to cure the damage and dysfunction that exists on many First Nations, but there are steps that can be taken to place more tools in the hands of the local band councils.
There is a need to recognize the extraterritorial jurisdiction of chief and council. Currently, government regards First Nations jurisdiction as ending at the reserve boundary. This is the old colonial control imposed by the Indian Act.
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Today, most First Nations have developed their own election codes, and this includes extending the vote to all eligible off-reserve band members. Ballot boxes are set up in local urban communities and, in some cases, there is a position on council for an urban councillor.
Many First Nations have also set up urban offices to reach out to their members.
Since all band members have a vote, the responsibility rests with the band council to support them and receive the necessary information and resources.
This would include the status of those in the corrections system, what institution are they in, if they are on parole where they are living and what special needs they require.
The RCMP and other agencies have this information and, for the good of the community and the individual, First Nations jurisdiction must be recognized. This is a policy change rather than a courtesy that the RCMP can provide.
Our people are like homing pigeons and if they are paroled to a local city, it’s only a matter of time before they show up in their home community to visit family and friends. The band council can’t afford to be left in the dark. The justice system must be reviewed in its entirety.
You can’t separate out the parole board or the RCMP. The system includes every institution — the police, the court system, corrections and parole. It’s all one system.
In the 1970s, the First Nations were well on our way to develop the institutions for our justice system. We had the probation program, and the First Nations justice of the peace program.
The friendship centres ran the court workers program and we met regularly with the RCMP. Today, the programs have been curtailed for lack of funding. Only the court worker program remains. Meanwhile, our population has exploded, and our median age is around 23 years old.
The inquest at James Smith has been called to determine what happened that fateful day and to prevent similar tragedies in the future. The prevention part of the coroner’s report will be vital to address the steps that should be taken to prevent future tragedies.
We must remember that all people matter. We can’t write off people who have addictions. We need to establish both prevention and rehabilitation programs.
Today, James Smith is the canary in the coal mine. The community’s tragedy can be repeated in other communities if we choose to ignore the danger created by the drug epidemic.
Doug Cuthand is the Indigenous affairs columnist for the Saskatoon StarPhoenix and the Regina Leader-Post. He is a member of the Little Pine First Nation.
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