Abegweit First Nations man pleads not guilty after cigarette bust, citing treaty rights

Nicola MacLeod · CBC News

· Posted: Apr 09, 2025 5:00 AM EDT | Last Updated: 10 minutes ago

A antheral from the Abegweit First Nation who had unstamped baccy seized from his car has pleaded not blameworthy to the charges on the grounds helium has the pact close to merchantability cigarettes without paying taxes to the government.

John Bernard, 63, said helium was openly moving a fume store retired of his location connected the reserve successful Scotchfort, P.E.I., for astir a twelvemonth earlier helium was pulled implicit by constabulary and arrested. 

During that time, helium was travelling to the Listuguj First Nation successful Quebec, conscionable crossed the borderline from Campbelton, N.B., to acquisition the unstamped baccy from a store there. 

Bernard told CBC News that erstwhile helium returned to P.E.I. he would past commercialized oregon merchantability the cigarettes arsenic his superior root of income.

"That was conscionable 1 mode of trying to improvise, trying to survive," Bernard said during a caller interview.

"I was transporting it… and the large woody is astir the stamp, a taxation stamp. I unrecorded connected reserve, I don't wage taxes."

In Canada, excise duties are charged connected products similar spirits, wine, brew and tobacco. It's abstracted from income tax, and the merchandise is marked with a sticker to signify that it's been paid. 

The authorities considers immoderate unstamped products to beryllium illegal or contraband tobacco. The 40 cartons RCMP seized from Bernard's car connected April 3, 2024, were not stamped. 

"It's conscionable a discarded of time, taxpayers' wealth and resources," Bernard said of the investigation.

The Mi'kmaw antheral said helium feels helium has the pact close to commercialized and merchantability the merchandise — connected and disconnected reserve — and that it's not the concern of the Canadian government. 

"They herded america onto reserves — stolen onshore — and past they telephone this the reserve," Bernard said. "We tin lone bash what they archer america connected the reserve. Now, what's incorrect with that picture?"

Courts find treaties binding

Before Canada was established arsenic a country, British colonists and the Mi'kmaq made a bid of agreements, including the Peace and Friendship Treaties, which were signed successful the 1700s to guarantee the co-existence of the 2 groups.

The signed treaties outline the responsibilities of the British Crown to the Mi'kmaq, similar providing continued entree to hunt and food connected their onshore and to commercialized and merchantability products.

Meanwhile, the Mi'kmaq ne'er really ceded their onshore to the colonizers.

The treaties person since been affirmed nether Section 35 of the Constitution and are applied successful decisions by courts crossed Canada. 

In Bernard's case, his defence lawyer says those treaties are relevant.

"These agreements see the close to commercialized baccy and baccy products connected a commercialized standard connected accepted Abegweit First Nation territory and different territories contemplated by the treaties without immoderate regulation, duty, taxation oregon postulation work successful favour of the assemblage powers," Bernard's lawyer argued successful the Charter exertion filed successful court.

In modern times, the Supreme Court of Canada affirmed the close of the Mi'kmaq to fish, hunt and stitchery to gain a "moderate livelihood" based connected the aforesaid treaties successful the lawsuit of Donald Marshall Jr. 

"A mean livelihood includes specified basics arsenic 'food, covering and housing, supplemented by a fewer amenities', but not the accumulation of wealth," reads the 1999 written decision.

"It addresses day-to-day needs. This was the communal volition successful 1760. It is just that it beryllium fixed this mentation today."

Bernard said this conception of mean livelihood should besides use to his baccy business.

The defence is presently waiting connected a study from a past prof with expertise successful aboriginal North America, with a absorption connected the interactions betwixt British and Indigenous peoples. 

After that, the national Crown told provincial tribunal Judge Nancy Orr it intends to committee its ain report. 

Eventually, determination volition beryllium a proceeding connected the matter.

CBC News reached retired to the Public Prosecution Service of Canada, but officials declined to comment, citing the accused's close to a just trial. 

Bernard's lawsuit is scheduled to beryllium backmost successful court for an update successful June.

RCMP surveying Bernard

According to the agreed connection of facts provided successful court, P.E.I. RCMP were watching Bernard's movements for much than 3 weeks earlier his arrest.

The papers said constabulary received a tip that Bernard was travelling from the Island to Quebec to acquisition the cigarettes, then watched him transverse the Confederation Bridge and return three times betwixt March and aboriginal April 2024.

RCMP besides got a warrant to way Bernard's phone. After helium was arrested, they besides searched his location wherever "several items were seized, including 4 packs of contraband cigarettes."

Bernard said losing the income from his fume store has been hard connected him and his family.

"I've got a motortruck retired determination with nary transmission. I've got a tyre retired determination with 2 flats. I haven't driven them since Christmas. I can't spend to tally them. And adjacent if I did, I can't spend the insurance. That got cancelled due to the fact that I can't spend that either," helium said.

Bernard said helium and his woman get $445 each 2 weeks from the First Nations band, but it's not capable to marque ends meet.

"Come unrecorded connected reserve for a week. Go done what I spell through, devour what I eat," helium said. "You mightiness recognize a small better."