Brent’s Answer: Not currently, no. As mentioned earlier, one Nation has developed a law that includes a healing circle and other traditional practices that an offender may choose to participate in so as not to be banished from the community for their bad behaviour.
Brent’s Answer: The Maa-nulth Enforcement Advisory Committee (all Indigenous members) is overseeing the development of the course. Contributors include both Indigenous and non-Indigenous lawyers, as well as other Indigenous professionals.
Brent’s Answer: Brent thinks it would be a good idea, but that will be up to K’ómoks and the RCMP to decide.
Brent’s Answer: The Maa-nulth Enforcement Advisory Committee is developing an Enforcement Guide and a Cultural Sensitivity Training curriculum that will form the basis for a two-day course introducing and guiding external enforcement agency officers in their enforcement of Maa-nulth laws. This work has not yet been finalized (interrupted by the pandemic) and is ongoing.
Brent’s Answer: This issue is an ongoing struggle, although we have recently been making progress. We recently were able to utilize the RCMP to issue a Compliance Notice against a non-citizen resident on treaty lands who had threatened another person with a rock. No physical harm was done, but the Nation decided it was important to document the incident and to let the perpetrator know such behaviour would not be tolerated in the future. One of the Maa-nulth has recently enacted a banishment law that utilizes traditional practices with a healing circle built into the due process, including steps to ensure [...]
Brent’s Answer: There has only been one significant enforcement issue. The offence was the illegal harvesting of an elk. Because the poacher was a person of some significance, the Nation wanted to proceed under its own laws, however, because the Nation did not have its own enforcement officers, the investigation was carried out by an external enforcement agency which failed to recognize the limitation period for laying charges under Maa-nulth law. The limitation period was missed, so in the end, charges were laid under Provincial law and the poacher plead guilty. The community, through its elders’ advisory committee, took other steps [...]
There is not a specified elder’s council in the K’ómoks Constitution. The Constitution allows for the creation of Committees that are intended to provide advise and recommendations to the K’ómoks Government, an elder’s committee could be created to provide guidance and protocol.
The K’ómoks Constitution has been drafted by K’ómoks members and guided by legal professionals. There have been many conversations of how to incorporate culture and specific K’ómoks concepts of law. A major consideration in not incorporating certain traditions and culture was because after Constitution becomes law, it now becomes a part of BC and Canadas legal fabric and can be challenged in court. For instance, there may be a situation where the Constitution is challenged due to a misinterpretation of a cultural concept, the interpretation of that cultural concept can change in court and become common law in Canada and BC. [...]
For a copy of the current Draft K’ómoks Constitution please contact treaty@komoks.ca or leave a message at the K’ómoks Administration Office at 250-339-4545.
The survey is designed to solicit input from elders, youth, and everyone in between, as well as members living at home (K’ómoks I.R. #1) and living away from home. The data from this survey will allow K’ómoks to track a broad range of relevant indicators and the survey will be improved over time with input from all membership including elders as it will be repeated over time to get a picture of how K’ómoks socio-economic well-being changes over time.
