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Winnipeg Free Press - PRINT EDITION
First Nations defy province
Half-price smokes, gaming centre are treaty-status bid
BRUCE BUMSTEAD/BRANDON SUN Enlarge Image
Dakota Plains' Craig Blacksmith (from left), Rob Dickson of the Kahnawake Mohawk Nation and Canupawakpa Chief Frank Brown.
Dakota First Nations are heading for a showdown with the Manitoba government by selling cigarettes at half price and opening an unlicensed gaming centre, starting today.
Great Buffalo Nation Dakota, an alliance of about 10 Dakota nations in the Prairie provinces, will sell cigarettes for just $40 a carton. For sale are Wolf Pack and Deerfield brand cigarettes from Mohawk distributors in Quebec. Cartons of 200 cigarettes normally sell for about $98 in Manitoba.
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And the Dakota nations hold the grand opening at noon today for their VLT lounge and Dakota Chundee Smoke Shop, which will feature a Texas hold 'em poker tournament. Anyone can spend their money at the smoke shop and lounge.
The First Nations admit they are bear-baiting the province to prosecute them in order to speed up legal efforts by Dakota people to obtain treaty status. Dakota nations inside Manitoba are regarded as refugees in law and do not have the same treaty rights as other First Nations in Canada.
"We're trying to generate revenue to sustain our people," said Chief Frank Brown of Canupawakpa First Nation, who is spearheading the venture.
The lounge and smoke shop are about 100 kilometres southwest of Brandon, at the junction of highways 2 and 83. It's an off-reserve site, just south of Canupawakpa First Nation.
A film crew from TV Ontario has been accompanying band officials this week to make a documentary.
The provincial government and RCMP say they are monitoring the situation. "They (Dakota leaders) have been making a lot of media comments but we don't guide our actions by media comments," said RCMP spokeswoman Sgt. Line Karpish.
Brown contends that because Canada refuses to give Dakota people treaty rights, they are a sovereign nation and not subject to Manitoba laws.
Three Sioux nations -- Sioux Valley and Dakota Plains, in addition to Canupawakpa -- have filed a claim in federal court against the federal government, claiming they do have treaty rights.
Brown said the smoke shop and gaming centre are designed to speed up the legal process. He said the federal government is stalling its case in federal court.
"No, I don't," Brown responded, when asked if he expects the provincial government to let him operate outside the law. "But the thing is, we need justice."
Brown was arrested for illegally selling cigarettes in 2009 but the charges were dropped.
The First Nation's supply of both cigarettes and gaming machines is through Mohawk First Nations.
The province has met with Brown to discuss compliance with the Manitoba Tobacco Tax Act.
"We expect Mr. Brown to follow the law and regulations in this private venture, just like everyone else, including applying for a tobacco licence, purchasing tobacco from a licensed wholesaler and remitting taxes to the government," a provincial spokeswoman said.
Gaming can only occur in licensed gaming establishments under legislative and regulatory authority established by the Criminal Code (Canada), the Gaming Control Act, the Manitoba Lotteries Corporation Act and accompanying regulations.
The distribution of tobacco is regulated both for public-health reasons and tax-administration purposes. The Tobacco Tax Act applies provincewide and prohibits the sale of non-Manitoba-marked products. This includes tobacco sales on and off reserve, as well as by aboriginal-owned or non-aboriginal-owned businesses.
Republished from the Winnipeg Free Press print edition November 9, 2011 A3
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