BAND'S DRUG POLICY SOON TO BE TESTED

Criminal Conviction Could Affect A Member's Privileges, Not Their Rights

ESKASONI --A high-profile accused drug dealer in Eskasoni will be
among the first to put a new band policy to the test Tuesday when he
stands trial on two drug trafficking charges.

Ronald Alexander Dennis, 29, a relative of Chief Charlie Joe Dennis,
is also set to stand trial in Port Hawkesbury on June 24 for a third
charge of possession for the purpose of trafficking in illegal
substances, according to the provincial court.

In Eskasoni court on Tuesday, besides two charges of possession for
the purpose of trafficking, Mr. Dennis stands accused of possession
of narcotics as well as several breaches of court or police
undertakings, which include orders to avoid drugs and keep the peace.

Chief Dennis has told The Chronicle Herald that no band member
accused or convicted of drug trafficking has been shunned by a
policy introduced in March.

"Since this act came into effect, nobody has been kicked out," he
said. "The court has to decide who is guilty or not. That's the protocol."

Ronald James Gould, another relative of an elected band official,
will also be in Eskasoni court Tuesday for a preliminary hearing on
multiple charges including possession for the purpose of trafficking
and drunk driving.

Last week, a Canadian Press report suggested people in Eskasoni
accused or convicted of selling drugs would be kicked off the
reserve and lose other privileges.

"The justice system drags on forever and we know there's some things
going on in our community," band adviser Jaime Battiste told the
CBC. "Everybody has an idea, but the justice isn't getting taken
care of in time."

Mr. Battiste, who teaches aboriginal treaty rights at Cape Breton
University, told The Chronicle Herald last week that removing
privileges doesn't remove anyone's rights guaranteed by law on
reserves, such as housing, welfare payments, tax-free status or
addressing council and the chief at public meetings.

But extras that are not guaranteed, like permission to speak to
council, a share of profits from gaming or tobacco sales, funds for
travel or education, and payment of legal bills, that would be cut.

"They lose the privileges of employment or education (funding), or
housing repairs, or any gaming or tobacco funds," he said.

One resident of Eskasoni, who said he never uses drugs, said he
can't remember the last time he received a cheque involving a share
of profits from gaming or tobacco.

Mr. Battiste said any job losses on the reserve stem from a policy
put in place several years ago involving fishermen who fail the
annual drug test before the fishery begins in the spring.

"We're not going after users," Mr. Battiste said in a telephone
interview Thursday. "But we do have policies in the community such
as the safety-first policy implemented by the fisheries that require
drug testing. It's been upheld in court . . . given they're on the
seas, working on boats, and they've basically got to be sober.

"There are fishermen . . . who will not be able to take part in the
fishery this year because of this policy," he said. "We're not
taking away rights, we're taking away privileges.

"People have rights to welfare. If someone has a house, they have
rights under that. What we're looking at is all future privileges
that's over and above. . . . We're going to focus on the ones who
are not involved in illegal activities."

Chief Dennis said adopting the policy to cut off frills was done in
hopes of curtailing the number of suicides involving young men and
women abusing drugs. But people abusing drugs or alcohol won't be
punished under the new policy, he admitted.

"It's for dealers on reserve," Chief Dennis said. "It comes off the
reserve and (is) transported in . . . and the sellers in the
community are distributing."

One resident, who didn't wish to be named for fear of retribution by
the band council and losing those same arbitrary privileges,
described the new policy as "smoke and mirrors" and "fear-mongering."

"This won't help," he said, laughing. "Everyone knows who's selling
drugs and they don't do anything (about it)."

Under the policy, the band expects the RCMP to produce the names of
people accused of selling drugs. But a narcotics officer confirmed
Friday that, by law, no names can be released until charges are
filed in court.

Const. Howard Gillis said the drug trade in Eskasoni mostly involves
pills, although other officials confirmed that marijuana and cocaine
also make the rounds.