A La Ronge lawyer has filed a lawsuit against the provincial and federal governments, claiming they should be held responsible for evil influences alcohol has caused in the lives of Treaty 6 members.
Harold Johnson said he filed the lawsuit after too often seeing people suffering from fetal alcohol syndrome, or FAS.
"I got tired of it," he said. "I see clients at least once a week that I suspect have FAS."
The Treaty 6 agreement says no intoxicating liquor shall be allowed to be introduced or sold on reserves or within the Treaty 6 boundaries.
It was agreed upon by the federal government that it was responsible for protecting the Indians "from the evil influence of the use of intoxicating liquors."
That hasn't happened, he says.
"The poorest of the poor are completely addicted to a substance that the government is providing," he said by phone Thursday.
The last straw for Johnson before he filed the lawsuit papers in Prince Albert's Court of Queen's Bench was seeing a child suffering from FAS.
The little boy's skull is too small, and as his brain grows, Johnson said the doctors will have to break his skull to make room.
"It's a fight for FAS children," said Johnson.
Johnson expect a decision any day from the court as to whether he is properly suing the Saskatchewan government.
Since the treaty was signed between the federal government and aboriginals, the province says it holds no responsibility, said Johnson.
If the lawsuit against Saskatchewan doesn't go through, Johnson will focus his efforts on the lawsuit against the Canadian government. He is trying to have the suit deemed a class-action lawsuit, meaning on behalf of a large group of people.
The lawsuit seeks financial compensation for damages done to Treaty 6 members as a result of being exposed to alcohol, said Johnson. FAS affects all aspects of society including justice, health care, social services and employment insurance.
"The government will soon realize they can't afford the damages and do something about (the alcohol problem) - that is the hope," said Johnson.
Johnson says if the lawsuit is successful, he hopes that the government will then cross-claim liquor companies and hold them accountable to provide monetary compensation.
"They are benefiting from our suffering," Johnson said of liquor companies.
The suit and issues Johnson raises mirrors many of the arguments made in the tobacco issue.
As far as Johnson is aware he has not heard of any class-action lawsuits involving a treaty nation where they are suing for wrongdoing over alcohol exposure.
A lawsuit consists of allegations that have yet to be proven in court.
bjobin@paherald.sk.ca
saskatchewan fas facts
Saskatchewan was the first province to do a FAS study on its population.
In the study, 207 cases of FAS were identified and 86 per cent of them were of aboriginal descent.
fetal alcohol syndrome
Term used to describe lifelong defects caused by consumption of large amounts of alcohol by the mother during pregnancy.
Children with FAS suffer physical, behavioural, social and educational problems.
In the western world, FAS is the leading known cause of mental handicap.
Suit filed over aboriginals' exposure to alcohol
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- Published on Febuary 16th, 2007
- Published on November 3rd, 2009
- Brigette Jobin
A La Ronge lawyer has filed a lawsuit against the provincial and federal governments, claiming they should be held responsible for evil influences alcohol has caused in the lives of Treaty 6 members.
Harold Johnson said he filed the lawsuit after too often seeing people suffering from fetal alcohol syndrome, or FAS.
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Comments
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- Rick
- - November 18th, 2009
I agree with Harold Johnson that FAE is a major problem, but it is not limited to any one specific culture. However, I must take issue with his belief that he could sue the government for failing to protect the natives covered by treaty from alchohol. I have a price list from the SLB dated June 1, 1950. I quote from page 2: No purchase shall be made by a person under 21 years of age, nor by an Indian..... So clearly at one time Indians were banned from purchasing liquor. Therefore his lawsuit has no legal basis.
I would appreciate if someone with knowledge of research could find when, why, and who changed this law. I remember when women could not go into the beer parlour either. Only men were allowed. I think it had something to do with John Diefenbaker and the Canadian Bill of Rights. -
- BARRY
- - November 18th, 2009
I ALLSO HAVE A PRICE LIST FROM THE SASK. LIQUOR BOARD DATING SEPT. 1 1955 AS SAYS NO PURCHASE MAY BE MADE BY A PERSON UNDER 21 YR'S OF AGE , NOR BY A INDIAN, NOR BY AN INTERDICTED PERSON,NOR BY A PERSON PROHIBITED BY CONVICTION UNDER THE LIQUOR ACT.
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- Linda
- - November 18th, 2009
Cudos for Mr Johnson. Yes we all have choices in life however, if one is not educated these choices are limited. Blame is also a choice and if we all sit back pointing fingers instead of providing education for the Treaty 6 reserve we are just as evil as the women who sit there drinking while pregnant. Its about time the government is held responsible for not following through with there Word to protect the Aborigional peoples. I feel the government has done enough damage to Aborigional people throughout history. Lets Stop The Abuse Now!!!
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- Darian
- - November 18th, 2009
I agree with June and Larry. It is the mothers fault for not abstaiining from alcohol for nine months. No matter what the issue, Natives will be laughed at because of a race, its always race. To JD they I assume you mean natives, there are no police to take alcohol off a reserve and monitor anything coming in or out. And yes Natives do go to local towns or cities for alcohol. But that does not make us bad people. Not every Native in Canada is an alcoholic, and not every one of is a welfare recipient, its a stereo type that every one seems to have in their head. As for the $$Money$$ factor of sueing, it is one division of Sask Treaty 6, not the entire province. So I do not believe others will follow suit, for such a ridiculous attempt, to exploit justice. Other than that there is help out there for those who want it, but its unfortunate that that unborn child has no choice. I blame the mother.
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- Bonnie
- - November 18th, 2009
This is ridiculous... to me it sounds like just another money grab. I spent some time on a 'dry reserve' and many people left the reserve to come to town to drink. If you take it away from the reserves it is just going to bring more problems to town. The solution is to give counselling to ANYONE- native or not- with substance abuse problems. An addict isn't going to quit just because the substance has been removed from their easy access! This is a JOKE!
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- Monica
- - November 18th, 2009
I do not agree. It's not the governments fault, they are not forcing it down our throats nor do they make our decisions.
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- Larry
- - November 18th, 2009
i was in a liquor store yesterday and seen the funniest thing.....a poster with a pregnant ABORIGINAL woman on it that read an inner voice tells me not to drink or use drugs while im pregnant i almost ripped it off the wall and mailed it in but i have faith that our governments are going to tell Mr.Johnson to go fly a kite! there are posters everywhere i attended Siast last year my class was 95% aboriginal and in one of our life skills classes we watched a video that took place on a reserve and had a woman who was pregnant and it was ALLLLLLL about FAS so i mean im sry but if your kid has FAS dont try blame anyone but yourself cause i know all my kids were born healthy because my wife DIDNT DRINK! haha sry this kinda stuff agervates me cause its so pathetic!
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- Audrey
- - November 18th, 2009
i think this is going to far, come on!
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- Mike
- - November 19th, 2009
Well, looks like once again someone is just looking for an easy dollar. Its always someone-elses fault. Its not like they can't get counciling, look at all the drug and alcohol programs out there, most gov funded. I say the Gov. already did their part to prevent this. I mean its racism if they deny them something but then its someone elses fault when something happens, talk about having the best of both worlds.
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- Mary
- - November 19th, 2009
Ok my thought on this is we can stop these woman from going into liquor stores and buying alcohol there but how do we stop them from buying listerine or hairspray from the local grocery stores? so should we be sueing the listerine companies and the hairspray companies because their products include alcohol?
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- J
- - November 19th, 2009
Alcoholism has been a problem for the aboriginal communities for decades and will take decades more to correct it. Mr. Johnson is one person trying to take that first step to help put an end to the effects of alcoholism even if he has to use the promise of old treaties.
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- Stacey
- - November 19th, 2009
The real answer is to legalize marijuana. Aboriginal leaders would likely agree their people are better off with this recreational drug as opposed to alcohol.
I believe a community has the right to pass bylaws prohibiting the sale of alcohol.
I dont agree that this would solve the problem at hand.
Keeping in mind that settlers from Europe have been exposed to alcohol for many many generations, our aboriginal people have only had three to four generations for their metabolisms to be exposed to FIREWATER. -
- Jerry
- - November 19th, 2009
I remember a bar in Saskatoon that was called racist because they refused service to intoxicated natives. What would happen if bars and liquor stores refused to serve natives because of a 100 year old treaty. Perhaps we should re-read the treaties and stick to them instead of picking and choosing what applies and what doesnt
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- rod
- - November 19th, 2009
i agree with audrey , why are people allways trying to blame some else for there own problems ? if you have a drinking problem then seek help , if i drove my car into a cement wall should i sue the car company because if they never made the car then it never would have happened
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- shelly
- - November 19th, 2009
maybe everyone who is addicted to going to the casino and gambling all there hard earned money should sue the casino
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- Jason
- - November 19th, 2009
Wow, is this some kind of April fool's joke in February. . .Let's keep on playing the blame-game everyone. This is exactly the type of crap that made me get out of Saskatchewan. What next? Are we going to blame the government for gambling addictions? Oh wait, maybe we should sue SIGA.
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- alvin
- - November 19th, 2009
Many of the blame the victim comments on this issue miss the point completely. Every study of the relationship between poverty and alcoholism demonstrates that the hopelessness of poverty contributes to alcoholism. You can't expect a pregnant woman, who is already alcoholic, to stop drinking. You have to take steps before she gets to the pregnancy if you are serious about the best interests of children.
The point about FASD is that an individual is born with impaired judgment. Those who are suggesting that that individual, if she becomes pregnant, has to make the choice to not drink, don't understand what brain injury means: she can't make that choice. Those who sell her alcohol are making the choice to poison her fetus.
Alcohol is harmful and ought to be controlled at least as carefully as cocaine. -
- JD
- - November 19th, 2009
Yeah ! I agree that this is anothe ploy for a fast dollar, I agree with Monic from SK that it isn't the Governments fault and we decide what we do with it, whether you make it a dry reserve it still is a problem no matter which way you look at it they still go off-reserve to get it, and you can't run from it because wherever you go it will always be a part of you life the best solution is to help yourself by seeking treatment for whomever needs it
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- blair
- - November 20th, 2009
i agree with tammy there is help for many addictions out there not just alcohol you should not have to be educated to know that drinking while your pregnant can and will cause birth problems thats a no brainer theres no one to blame but yourself for your babys health
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- MArk
- - November 20th, 2009
Alcohol is not an evil......... the abuse of it is........Even the Bible is not against social drinking or medicinal purposes!
It is time to look at our selves for answers and not others to blame.
When is the bios of evils going to end you are racist if you call a spade a spade and you are responsible for the outcome of anothers well being if you treat them with the same playing field and they abuse it!
Time for personal responsibility to be first and foremost! -
- June
- - November 20th, 2009
There will never be a dry reserve, its just a fancy word, to make the rez look good. Thats where all the bootleggers come in, so lets sue them too! There will always be alcohol, and if the alcohol were ever to dissapear, then there is always moonshine! But in regards to FAS/FAE I blame the mother! who is not willing to stay sober for nine months out of her life. So lets go to every mother with a child with FAS/FAE and charge them with Child Abuse. This is not only a Native issue, it happens in all sorts of backgrounds. You cannot drink around children or Child and Family Services will apprehend your children! So why does society let these women get away with drinking while pregnant? They can be monitored, cause every one goes to a Doctor, or health care facility. To the mother who sits with a big belly drinking a beer, dummy-up you IDIOT! your baby has no choice to what you do, but you have a choice to have a healthy child! I am Native Canadian, and a product of (FAE) Fetal Alcohol Effects, so to my own mother, Thank You for a lifetime of hard learning and coping with every day life.
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- Amanda
- - November 20th, 2009
ohhh honey i know all about brain injury i have a son with Cerebral Palsy so i know the difference! these people have choices they have the choice to use a condom or birth control because these women know whether they are alcolholics or not they are not stupid! so instead of blaming everyone else in the world for their problems maybe the reserves should look into extra drug and alcohol councilling and/or better sex education! i wasnt going to reply to this and waste my time but the brain injury part i couldnt resist!
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- tammy
- - November 20th, 2009
LMAO please there is education out there to those who seek it whether u are white,brown,green,purple lol like come on now this is completely ridiculous good for a laugh mind you!! mr.johnson has got to have been under the influence when coming up with this cause no one in their right ming would actually believe this would fly! like come on these women just need to know when enough is enough and if not they should be charged with child abuse you cant blame the world because you cant put the bottle down for 9 months! get your priorities straight and quit drinking as far as these treaty 6 stuff goes what makes these guys think they can pick which one should be enforced and which shouldnt like come on there sint enough racism in prince albert as it is lets create somemore???? good job johnson on destroying everything thats been done to try close the race gap you should be proud!!! whats next??
