Law Suit Filled over Saskatchewan’s First Nations Tobacco Tax

The Merchant Law Group, the same firm responsible for playing a major role in over 5 billion in residential school claims, has filed a class action suit on behalf of Aboriginal people regarding Saskatchewan’s changes to their policy on tax free tobacco for First Nations people.

In 2010 the provincial government changed their on-reserve, tax-free tobacco allotment from three cartons per person to one carton per person. Merchant claims this is “unconstitutional, illegal, wrong and unreasonable.”

Lawyer Tony Merchant said the law suit wasn’t about the money but treaty rights and not letting the government get away with it. He added this time it is cigarettes but next time it could be gasoline and so on.

“I hate to lead myself into doing things that aren’t profitable and I hope to be pleasantly surprised, but I’d be shocked if this turns into anything profitable,” said Merchant.

While Merchant is seeking what he calls “token judgments” of $25,000 or $500,000, he said that these would be only relative considering how much the legal battle will cost.