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 the principles of fundamental justice and procedural fairness are adhered to. Other Maa-nulth have enacted trespass laws which allow for banishment through an internal administrative process that also ensures the principles of fundamental justice and procedural fairness are followed. These laws have not yet been tested.