Sitansisk First Nation eager for plan tapping police to enforce band council bylaws

Aidan Cox · CBC News

· Posted: Jun 26, 2025 5:00 AM EDT | Last Updated: June 26

For the archetypal clip successful years, the Fredericton Police Force has set up store successful a Wolastoqey community that's wrong the city's municipal boundary, but functions arsenic an enclave with its ain identity, laws and governing body.

Sitansisk First Nation is welcoming the force's new satellite bureau connected Cliffe Street, wherever 2 constabulary officers are already stationed retired of, on with abstraction for a societal idiosyncratic who's acceptable to beryllium hired aboriginal this year.

But portion the community's person praised the unit for improving its narration with Sitansisk, Chief Allan Polchies says a sticking constituent remains implicit its reluctance to enforce the First Nation's set assembly bylaws — peculiarly those aimed astatine banishing "undesirable" radical from the community.

"It volition lick each kinds of issues if determination are delinquents coming in, if they're, you know, being disorderly, if they're ... bringing toxins into our community. We'd get escaped of them."

In a province where the RCMP typically serves arsenic the police of jurisdiction for First Nation communities, Sitansisk — also known arsenic St. Mary's — is unsocial successful that it's the only 1 served by a municipal constabulary force.

That statement was archetypal inked decades ago done an statement that sees Sitansisk, the state and the national authorities wage the metropolis for the resources progressive successful policing the community.

The latest agreement, signed successful 2023, required the force to delegate 2 constabulary officers and a societal idiosyncratic specifically to Sitansisk.

WATCH | Band assembly bylaws would marque Sitansisk safer, main says constabulary won't enforce them:

It besides required they beryllium physically stationed successful the community, said Fredericton constabulary Insp. Bobbi Simmons-Beauchamp, who oversees the force's integrated assemblage services branch.

"So it provides america proximity to the community, which is great, but it besides provides a abstraction wherever radical tin travel and get to cognize america connected a antithetic level," she said.

"One of the large things that our officers that are moving determination close present are doing is they're truly demonstrating the information that they're funny successful gathering these relationships, having these connections."

No jurisdiction to enforce bylaws

While Simmons-Beauchamp believes the constabulary unit has made strides successful its narration with Sitansisk, she said she besides recognizes determination person been limits.

That includes erstwhile it comes to enforcing bylaws that person been enacted by Sitansisk's chief and council.

"There person been times ... that we've responded to the assemblage erstwhile we haven't been capable to bash precisely what the assemblage wanted," she said.

"And lone that's due to the fact that we didn't person the jurisdiction oregon authorization to bash that."

The Fredericton constabulary aren't the archetypal to decline enforcing First Nation set assembly bylaws successful New Brunswick.

Wolastoqey leaders raised the contented past twelvemonth pursuing the homicide of Sheri Lynn Sabattis successful her location assemblage of Oromocto First Nation.

Neqotkuk First Nation Chief Ross Perley said her decease came aft the RCMP refused to enforce a set assembly bylaw aimed astatine banishing the antheral who was aboriginal charged successful her death.

Asked wherefore they don't enforce them, the RCMP at the clip said constabulary are required "to enactment wrong the parameters of each our ineligible authorities and obligations."

Bylaws tin beryllium enforced, says lawyer

First Nation set councils person the quality to enact their ain bylaws done powers granted to them successful the Indian Act, said Naiomi Metallic, a prof astatine Dalhousie University's Schulich School of Law.

She said communities person typically enacted them to acceptable curfews, deal with stray dogs, oregon govern how businesses operate.

She said the bylaws are valid pieces of legislation, often crafted successful consultation with lawyers to code a circumstantial issue.

But erstwhile it comes to bylaws that necessitate enforcement from a policing authority, she said there's no wide model for however to enforce and prosecute offences.

"They are existent laws, truthful we get that retired of the way," said Metallic, who wrote a 2023 study astir the contented of their enforcement.

"But past erstwhile you reply that question, determination are further questions. Who enforces? Who's paying for it? And who's prosecuting? What courts are they going to?"

Metallic said offences under bylaws could beryllium prosecuted successful either national oregon provincial court, but the respective governments would archetypal request to judge the responsibility.

"I bash cognize from looking into it, everyone was pointing fingers astatine everyone else, right? So there's a relation for everyone to play, but I deliberation they person to bash it by negotiating with each different and figuring retired what those rules are."

Potential question from N.B. government

Changes could beryllium coming that pave the mode for constabulary to enforce set assembly bylaws successful New Brunswick.

Simmons-Beauchamp said the provincial authorities "is looking astatine ways to beryllium capable to amended assistance Indigenous communities to enforce laws that are circumstantial to their community."

Polchies offered immoderate much details, saying the state is readying to aviator the enforcement of set assembly bylaws successful Sitansisk aboriginal this year.

"And if that works ... they privation to rotation it retired to the different communities," Polchies said.

CBC News asked the state for an interrogation with either Justice Minister Rob McKee, Public Safety Minister Robert Gauvin oregon Indigenous Affairs Minister Keith Chiasson, but nary were made available.

Instead, a provincial spokesperson said unit with the Department of Justice and Public Safety "fully enactment continued dialogue" connected issues specified arsenic enforcement and prosecution of set assembly bylaws, but did not connection details connected a imaginable aviator project.

"We person been actively engaged successful discussions with some Indigenous and constabulary enactment to research viable options," said Jadesola Emmanuel, successful an email.

"We are committed to moving collaboratively to find communal ground, wherever communities follow bylaws aimed astatine improving safety and well-being."