BCRs, By-laws and Banishment: Kyle Friesen on Aboriginal Policing

Sept. 30, 2011
Representatives from Gwa'sala-'Nakwaxda'xw Nations (Robert Walkus and Victor Walkus, both Councillors), Quatsino First Nation, Ehattesaht First Nation, Ka:'yu:'k't'h/Che:k:tles7et'h' First Nation, and Royal Canadian Mounted Police  got together today in the Gwa'sala-'Nakwaxda'xw Elders' Centre to talk about aboriginal policing. Presenting on the topic was Kyle Friesen, Legal Advisor with the RCMP, Pacific Region, Dept. of Justice Canada.

Kyle has spoken about these issues across the nation and was able to answer many questions from frustrated Councillors and staff from the Nations. Much of the discussion was about housing (Can the RCMP help the Band evict someone from a house on-reserve? Yes!) alcohol (Can the RCMP shut down an on-reserve party with under-age drinkers? Yes!) and banishment. An important point that was made was the the RCMP always has the right to keep the peace on-reserve, or conduct any  of their regular policing (searches, arrests, etc.)

Banishment was a topic that several people spoke about. Many Nations would like to ban people from their reserves for being dangerous (i.e. convicted sex offenders) or promoting illegal behaviour (i.e. drug dealing). There are different options for banishment, but basically the best course of action for a band is to write a letter explaining the banishment request and try and get Crown Counsel to include it as a condition of the offender's probation. However, a Band can do things on their own as well, as exemplified by Quatsino, who's membership passed a decision to ban convicted sex offenders for five years, which is working very well in their community according to staff members.

Here are some other points that stood out from Kyle's presentation:
  • Band Council can't give direction to the RCMP (saying, for example, "please arrest so and so") they can only give information or consultation. Also, they can't automatically be alerted each time a band member is arrested, but they can receive monthly reports from
  • In order for our communities to become safer and more law-abiding, community members have to be willing to go to court and testify instead of just complaining anonymously or to Council members
  • If a Band has by-laws in place, the RCMP can help to investigate violations, but in the end it's up to the Band to hire a lawyer to take the violator to court
  • If community members are treated unfairly by the RCMP (i.e. your door is kicked in accidentally because they got the houses mixed up) you can call the local RCMP detachment and complain, and they can pay to have it fixed
It was great to get together with people from other Nations and talk about what is working for each of us in our own communities, and many thanks go out to the local RCMP detachment and Kyle Friesen for organizing this session.

- Jessie Hemphill
Gwa'sala-'Nakwaxda'xw Nations
Executive Assistant & Communications
jessieh@gwanakplan.org
Phone: (250) 949-8343
Fax: (250) 949-7402