December 4, 2024
Comox Valley, BC

For immediate release: K’ómoks First Nation Appoints Dr. Marion Buller as First Justice of the Peace – A Historic Milestone in First Nation Land Governance

K’ómoks, BC – December 4, 2024/KFN/LAB/RC – K’ómoks First Nation has announced the appointment of Dr. Marion Buller as the Nation’s first Justice of the Peace. This groundbreaking achievement is historic, as K’ómoks is the first land code First Nation in Canada to appoint a Justice of the Peace. The appointment is a powerful expression of self-determination and a cornerstone in K’ómoks First Nation’s justice process, which prioritizes cultural appropriateness, accessibility and community safety.

The K’ómoks Justice Process was created out of necessity to fill the gaps in federal and provincial enforcement support. K’ómoks First Nation is surrounded by a large urban centre, made up of the various communities of the Comox Valley. Despite this proximity, K’ómoks does not have access to the same level of enforcement support as its municipal neighbours. RCMP services are bound by the scope of the RCMP Act, which protects the laws of Canada, the provinces, and municipalities with contracts for policing. However, the RCMP Act does not acknowledge First Nations laws. This gap leaves First Nation communities vulnerable, as criminal activity can seek refuge on reserve lands.

To protect their people and lands, K’ómoks First Nation has taken the lead in bridging this enforcement gap, ensuring accessibility to justice, and aligning traditional practices like restorative justice and healing with the Canadian legal system. While current barriers to support by the Canadian legal system and policing bodies can make enforcing First Nation laws difficult, the K’ómoks First Nation Justice Process is implementing an innovative solution that can serve as a model for other First Nations across Canada who are strengthening their enforcement systems.

The K’ómoks Justice Process utilizes the legal authorities provided by the K’ómoks First Nation Land Code, established in 2016, which replaces over 30% of the Indian Act with K’ómoks’ own laws. The land code was tested in 2018, when K’ómoks won a precedent-setting trespass case (*see K’ómoks First Nation v. Thordarson and Sorbie), with the British Columbia Provincial Court upholding K’ómoks’ legal authority to make and enforce its laws. The appointment of the Justice of the Peace, a powerful expression of self-governance and self-determination, furthers the administration of justice related to K’ómoks law enforcement.

As Justice of the Peace, Dr. Marion Buller, a Mistawasis Nêhiyawak Cree Nation member, brings nearly 40 years of legal expertise to this pivotal role. Dr. Buller has shattered barriers throughout her career, becoming the first First Nation woman appointed as a provincial court judge in B.C. She also played a crucial role in establishing B.C.’s First Nation and First Nation Family Courts, each a first in the province. After serving 22 years as a judge, she became Chief Commissioner of the National Inquiry into Missing and Murdered Indigenous Women and Girls. Her commitment to defending First Nation rights and legal systems will help guide K’ómoks First Nation as they develop and strengthen their justice process.

For quotes and additional information, see full press release HERE. Media backgrounder can be found HERE.

 

Media Contacts:

Nicole Gavac
Communications Manager
K’ómoks First Nation
communications@komoks.ca
250 339 4545

John Makson
Senior Public Relations Advisor
First Nations Land Management Resource Centre
john.makson@labrc.com
250 661 5471

Emma Powell
Marketing Coordinator
Miller Titerle + Co
epowell@millertiterle.com
778 945 3077