Return seized smokes, Alta. reserve demands

The chief of a First Nation in Hobbema, Alta.,is demanding provincial officials return 75,000 cartons of cigarettes seized from her reserve last week because they were improperly marked for legal sale in the province.

"The Montana Cree Nation is demanding the return of the tobacco as it is our view that the province does not have jurisdiction over our lands," Chief Carolyn Buffalo said Thursday.

"I will not apologize for seeking economic development and prosperity for my people."

RCMP and officials from the Alberta Gaming and Liquor Commission officials seized the 14 million cigarettes on Jan. 5 from a Quonset hut on the reserve.

On Friday, the band will formally ask the Alberta Gaming and Liquor Commission to return the cigarettes, arguing that they only required federal, not provincial,labelling since they weregoing to be sold on reserves, Buffalo said.

The cigarettes were manufactured by Rainbow Tobacco, a company owned and operated by the Mohawks ofKahnawake, Que. The Montana Cree are in talks to set up a company to distribute the cigarettes, Buffalo said.

No charges laid

The CEO of Rainbow Tobacco, Rob Dickson, said he has a federal licence to manufacture and sell tobacco on all First Nations reserves.

"I don't need any documentation from the province," he said. "The provinces have no jurisdiction on federal, sovereign, First Nations' territories."

But a spokeswoman for the Alberta Gaming and Liquor Commission said the seizure was legal.

"The AGLC officials seized the cigarettes after receiving a search warrant," communications manager Christine Wronko said. "The tobacco was not properly marked for legal sale in Alberta. That means it violates the provincial Tobacco Tax Act."

The lawyer for the Montana Cree Nation, Chady Moustarah, said the band will likely launch a constitutional challenge if the cigarettes are not returned.

No charges have yet been laid in the investigation.