B.C. First Nation files lawsuit alleging discrimination in RCMP enforcement

Should Mounties act when First Nations ask for assistance removing trespassers from reserve lands? A lawsuit from a B.C. First Nation is addressing the issue.

A remote First Nation on B.C.’s Central Coast has filed a lawsuit against the RCMP, accusing the force of jeopardizing community safety by failing to enforce its residency and trespassing bylaws.

“Our bylaws are laws recognized by Canada and B.C., yet the RCMP is not enforcing them,” said Heiltsuk Nation elected-Chief Marilyn Slett.

Joined by hereditary leaders at a news conference in Vancouver, Slett said some people living on, or visiting, the nation’s reserve in Bella Bella endanger the safety and well-being of others by dealing drugs and engaging in violence, including sexual assault.

“The first victims are women and girls, in regards to assault. And elders are at risk with home invasions,” said Grand Chief Stewart Phillip, of the Union of BC Indian Chiefs, who was also at the news conference.

According to the lawsuit, when an individual is identified as unwelcome on reserve land, and a request is made to have the RCMP remove that person, police in Bella Bella do not enforce the pertinent bylaws.

The lawsuit names the Attorney General of Canada as a defendant and makes allegations of discrimination under the Canadian Charter of Rights and Freedoms.

Slett said the charge of discrimination stems from the fact police routinely enforce trespass orders in non-Indigenous communities and on behalf of private land and business owners.

She said the alleged inaction emboldens predators and can lead to the intimidation of victims.

“Given the risk of violence and the improbability of action, witnesses are reluctant to agree to testify, to press charges, or even to provide basic facts to the RCMP,” she said.

Slett added that the First Nation has been trying unsuccessfully for years to reach an agreement on the issue with police.

In a statement to CTV News, A/Commr. John Brewer of the B.C. RCMP said the force is aware of the lawsuit and also acknowledged discussions on the issue have been ongoing for years.

“Our efforts, as it relates to band bylaws, are guided by the law, training, case law and best practises,” Brewer said. “The Bella Bella RCMP’s response and police service efforts are not limited to bylaw matters.”

He said officers in the Bella Bella detachment managed over 800 files in 2024, including Criminal Code cases, and others related to the Motor Vehicle Act and Controlled Drugs and Substances Act.

“We are committed to addressing local safety and security concerns and will remain open to continuing the dialogue about police service delivery in the community,” Brewer added.

Although not named in the lawsuit, B.C.’s Ministry of Public Safety and the Solicitor General also weighed in.

It said it “is working closely with the Attorney General to address the enforcement of law issues that First Nations have raised and that are impacting safety within their communities.”

Policing in B.C. falls under provincial jurisdiction.

The lawsuit asks the court to order the Mounties to enforce the Heiltsuk’s residency and trespass bylaws, setting a precedent for other First Nations across the country.

Heiltsuk Nation members are generally entitled to live on the reserve but, according to the band, can be asked to leave if they pose a risk to public safety.

Non-members can receive permission to live on reserve under certain circumstances, but must abide by Heiltsuk laws or risk having that privilege revoked.

“Our hope is this changes the relationship between RCMP and Indigenous communities, not just for Heiltsuk but for all communities,” Slett said.

The nation filed the suit on Monday, giving the Attorney General of Canada 21 days to file its response.