United States Commission on Civil Rights

Confidential Draft Report
“Enforcement of the Indian Civil Rights Act of 1968”

May 1990

Indian Civil Rights, page 32
are required to comply with both the Constitution of the United States and the Indian Civil Rights Act in making arrests and in conducting search and seizures.

9. Courts of Indian offenses shall not enforce any tribal resolution or ordinance which is in conflict with any of the foregoing provisions. ... [67]

     Eleven days later, Roger A. Jourdain, the Chairman of the Red Lake Band of Chippewa Indians, responded with a memorandum to the Bureau of Indian Affairs personnel, stating:

You are hereby directed to withdraw your order to B.I.A. personnel enforcing the Hazel Elbert memorandum.  Failure to do so constitutes a crime against the Red Lake Band of Chippewas. ...
     ... if personnel of the Red Lake B.I.A. Agency choose to arbitrarily enforce the memorandum of Hazel Elbert in the Red Lake Court of Indian Offenses, the Red Lake Tribal Council, as the duly elected government of the Red Lake Band of Chippewa Indians, has no alternative but to order the removal of all individuals who enforce said memorandum. [68]

     [67] Id. (emphasis added).

     [68]  Red Lake Band of Chippewa Indians Memorandum From Roger A. Jourdain, Chairman, to Rex Mayotte, Superintendent, Rob Moran, Agency Special Officer, and Earl Barlow, Area Director (Nov. 23, 1985).

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