First Nations communities across Canada are taking a strong stance against drug dealers as they seek to address rising overdose rates. This approach contrasts sharply with government strategies that emphasize harm reduction and lenient treatment for drug trafficking.

On September 3, the Ojibway community of Netmizaaggamig Nishnaabeg in Ontario enacted an anti-drug-dealer law. This law empowers the Anishinabek Police Service to treat unauthorized visitors as trespassers. Deputy Chief Thurston Kwissiwa stated, "Unfortunately, there’s people coming into the community with these drugs that are taking advantage of our people."

In Saskatchewan, the Buffalo River Dene Nation announced plans to evict members from reserve housing due to drug-related activities. The community’s chief and council expressed that while they do not harbor hatred for those involved in drug offenses, they must prioritize community safety. They noted, "We are now seeing much more dangerous substances, like meth and fentanyl, creeping into our region… these drugs are deadly. And we cannot afford to ignore the signs."

Similarly, the Kwakiutl First Nation on Vancouver Island is considering evictions for members accused of drug trafficking. Hereditary Chief David Knox remarked, "We’re tired of watching our loved ones get killed from these toxic drugs."

This movement follows a significant incident in May on Haida Gwaii, where the family of an alleged drug trafficker and accused murderer had their home demolished. They were forced to leave the islands, with protests following them to the mainland. Conservative MP Ellis Ross noted, "What really stood out to me was all the First Nations along Highway 16 standing in solidarity."

Banishment is not a new practice among Canadian First Nations. Many Indigenous communities, particularly in the North, have long enforced strict controls on alcohol and drugs. For instance, the RCMP recently apprehended a bootlegger in the Northern Alberta community of Fox Lake, who attempted to smuggle in 124 bottles of illicit vodka.

These recent crackdowns come amid accusations from Indigenous communities that authorities are allowing drug traffickers to operate with impunity. At a recent Assembly of First Nations gathering in Winnipeg, a resolution was passed with near-unanimous support. It called for legal reforms that address the fentanyl crisis and prioritize the protection of life over the current leniency toward traffickers.

Indigenous communities are facing a severe overdose crisis. In British Columbia, the rate of fatal overdoses among Indigenous people is approximately seven times higher than the average. In Alberta, overdose deaths have contributed to a significant decline in Indigenous life expectancy, which has dropped to 62.8 years in 2023 from a peak of 72.4 in 2013. This is starkly lower than the non-Indigenous life expectancy of 81.8 years.

Government health authorities have acknowledged the disproportionate impact of illicit drugs on Indigenous communities. However, official strategies have largely overlooked the need to combat drug trafficking. The Canadian Drugs and Substance Strategy, published in 2023, attributes high drug use among First Nations to historical trauma and colonization. While it briefly mentions targeting organized drug crime, it also supports the 2022 passage of Bill C-5, which eliminated mandatory minimum penalties for drug trafficking offenses.

Then-Attorney General David Lametti explained that the law aimed to combat systemic racism, as Indigenous individuals were disproportionately affected by drug convictions. He stated, "With this law, we have repealed the mandatory minimum penalties that have most contributed to the overincarceration of Indigenous people, Black persons and racialized Canadians."

In contrast, the Assembly of First Nations is now advocating for measures that would impose stricter penalties on drug traffickers. Their resolution supports "Harlan’s Law," which would hold traffickers criminally liable for overdose deaths, prescribing a minimum 15-year prison sentence for those selling fentanyl that leads to fatal overdoses.

In recent years, government health authorities have also promoted the distribution of opioids in Indigenous communities as a means to reduce reliance on black market drugs. In late 2023, B.C. Provincial Health Officer Bonnie Henry advocated for expanding a program that provides free recreational opioids to drug users, particularly in Indigenous and remote areas.

Some First Nations have faced legal challenges to enforce their banishment rules. Last October, the Mississauga First Nation achieved a legal victory when an Ontario court upheld their trespassing order against an accused drug dealer. Leaders from Mississauga noted that this decision signaled to other First Nations that enforcement of community codes is possible.