Ontario passes Bill 186

The Ontario government has done it again with the passage of Bill 186, Supporting Smoke-Free Ontario by Reducing Contraband Tobacco Act, within 6-short weeks. This act is a prime example of the province’s failure to consult with First Nations communities regarding issues that directly impact them.

“This is the clearest indication yet that the Government of Ontario does not fully accept its responsibility to consult with First Nations when new laws impact on their rights,” said Grand Chief Randall Phillips representing the view of the Association of Iroquois and Allied Indians (AIAI).

First Nations governments were first provided a copy of the proposed amendments to the Tobacco Tax Act on April 21, 2011, which was the same day it was introduced to parliament through the first reading.

“For a government that prides itself on consultation and transparency this lacks the goodwill that must underpin a successful working relationship. Instead this serves to once again to trample on our collective rights,” stated Ontario Regional Chief Angus Toulouse in a release from Chiefs of Ontario dated May 6, “Article 3 of the United Nations Declaration on the Rights of Indigenous Peoples provides that we have the right to freely determine our political status and our economic, social and cultural development. Tobacco has been a trading commodity for First Nations for thousands of years. We possess Inherent rights, protected by the Treaty relationship between First Nation and the successor state of Canada, to produce, trade, and use tobacco. Given these considerations it is appalling that the Province would proceed with this initiative.”

There are five areas outlined in Bill-186 to amend in the standing Tobacco Tax Act. These areas include adding restrictions on raw leaf tobacco, which is defined as un-manufactured tobacco or the leaves and stems of the tobacco plant but does not include seedlings. This addition specifically targets products that are grown or manufactured within First Nation communities and under the jurisdiction of First Nations.

Another section includes the addition of fine cut tobacco, requiring all fine cut tobacco to follow a similar stamping scheme as other tobacco products. There was an addition of a section dealing with arrangements and agreements with First Nations that is supposed to help with the enforcement of this act. Finally, changes to terminology throughout the document (i.e. ‘tobacco’ to ‘tobacco products’) were made to update the previous act.

It is clear when going through all of the changes that made it to Royal Assent the primary focus of the legislation is a punitive action rather than tobacco use reduction strategies, as the title would suggest. With Bill-186 First Nations tobacco manufacturers that are in compliance with their federal licenses are now lumped together with organized crime.

“It is unfortunate that Ontario would rather deal with First Nations through the legal system than face-to-face at the negotiating table,” noted Grand Chief Phillips in a release provided on June 2, “but we cannot allow these legislative challenges to our rights to continue unabated.”

The Mohawk Council of Akwesasne was unable for comment on the passage of Bill 186 as of press time.