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Whitefish River First Nation family wants apology after security called to remove them from Sudbury store | CBC News

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A family from Whitefish River First Nation says they’re feeling traumatized after reporting cashiers at a store in the New Sudbury Mall denied them a point of sale tax exemption and eventually called security to escort them out.

First Nations citizens are eligible for an 8% exemption on the provincial portion of the harmonized sales tax since an agreement with the Chiefs of Ontario was signed in 2010.

Tammy Nahwegahbow was with her husband, Dan Garcia and 11 year-old daughter and 15 year-old son at the time of the incident.

They were in a store called Just Cozy in the New Sudbury Mall purchasing some leggings.

Nahwegahbow says she presented her status card prior to paying and mentioned the exemption, saying the cashier told her it wouldn’t be a problem.

But when the transaction went through, she was charged the full tax.

A blue and orange sign depicting a mountain, forest and rising sun welcomes people to the Whitefish River First Nation
Whitefish River First Nation is located on Birch Island. Chief Rodney Nahwegahbow says two-thirds of its members live off-reserve in urban areas and contribute to the region’s economy. (Erik White/CBC )

She says she pointed it out to the cashier who, she says, argued with her and said there was no mistake.

Another employee got involved and Nahwegahbow says they denied the transaction was wrong and became increasingly aggressive in their tone.

Nahwegahbow says she remained calm and tried to find a solution to the problem.

“I’m doing something that’s legal for myself,” she says. “I’m not being irate. I’m not agitated. I’m not angry. I’m asserting myself. And I’m speaking in a clear manner. I’m not yelling at anybody.”

She suggested the transaction be cancelled and re-done properly or if they couldn’t offer the exemption, she would simply return the leggings.

However she says those suggestions met with negative answers and increasing hostility with the cashiers yelling at her to get out.

She says she was told to return the next day to speak to the manager, not a practical option for the family which lives in Whitefish River First Nation an hour-and-a-half away.

I’m not being irate. I’m not agitated. I’m not angry. I’m asserting myself.– Tammy Nahwegahbow, Whitefish River First Nation

To add to the mayhem, she says some customers behind her came to her defence and raised their voices at the cashiers

She says a cashier reached into the till and threw a five dollar bill at her and said she was calling security.

Nahwegahbow says she’s never experienced anything so blatantly discriminatory before and her entire family was humiliated.

“There’s many layers to racism,” she says. “There’s being complicit, as I feel like the security guards are in that. They didn’t even try to hear our side. I guess as people of colour we’re allowed to just be ejected from anywhere if anyone calls security on us.”

Nahwegabow says she took the five dollar bill and the leggings and left, calling the entire incident “bizarre”.

As for why the store staff reacted the way they did in this incident, Nahwegahbow says she doesn’t understand it, although she has had to fight for the tax exemption in other stores.

She says there seems to be a misunderstanding about the treaty right.

“I feel like they think that we’ve gotten special treatment and that we have it so good from the government,” she says. “You know, just in general that using our tax card is like a coupon book or something that is a great benefit to us as people. 

Point of sale tax exemption not “special treatment”

Her husband, Dan Garcia says the exemption may be just a few dollars but it has a much deeper meaning and First Nations members are constantly fighting to have it recognized.

“It’s always challenging to use our tax exemption on multiple levels not just within business and commerce but in the healthcare system, the justice system, education across the board,” he says. “It really is a systemic issue that keeps resurfacing.”

Garcia says cashiers often sign in exasperation or make snide comments like “must be nice” when he shows his card for the exemption, but he says he’s never had to deal with security as in the recent incident.

“Even though I never raised my voice. My wife never raised her voice,” he says.  “There was other customers raising their voices and yelling, but because we were trying to assert our rights, we’re asked to leave and there was no questions or anything. The security guard looked right at me and says ‘get out’. And she looked mad, like she wanted to tussle with me.”

Both parents say they’re speaking publicly about the incident because they want an apology, and because they hope change will occur so their children don’t have to go through the same experience.

They say their daughter is having a particularly hard time understanding what happened.

It’s an issue that many, including Whitefish River First Nation Chief Rodney Nahwegahbow, hope will improve if more people speak up.

“I look at this as something that did not have to escalate to this level and because our people at large are contributing to the tax base, it really doesn’t reflect the way we should be treated,” he says.

He says too often community members don’t report issues..

He says he understands bringing the issue forward may be traumatizing in itself, but it may help spark change.

He’s encouraging anyone who encounters a vendor who is not honouring the point of sale exemption to call Ontario’s ministry of finance toll free at 1-866 668-8297.

CBC News reached out to Just Cozy, management at the New Sudbury Mall and the security company there.

Just Cozy sent an email saying it hoped a district manager would connect with CBC.

No one had responded as of end of day January 4.

CBC will continue to follow any developments in this story.

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