What funds are being accessed by the Treaty Nations to negotiate amendments to the different acts? This must come at a cost?

2021-04-14T21:06:23+00:00

K’ómoks has been provided Treaty Related Measures funding to explore what laws need to be in place under treaty and how to make enforcement work. The BC Treaty Commission is aware of how complex the issues are and has provided funding to K’ómoks for this purpose.

What funds are being accessed by the Treaty Nations to negotiate amendments to the different acts? This must come at a cost?2021-04-14T21:06:23+00:00

How will enforcement be respected? It seems through Land Code KFN is already having difficulty establishing enforcement and that outside governments are not respecting or understanding. How will this be different with treaty?

2021-04-14T21:09:11+00:00

This is a problem that almost all First Nations have. Tsawwassen has resolved the issues for the most part as they have their own police force, but it is costly. It is easier under Land Code than under the Indian Act. It should be better under Treaty, but it's not easy. Government bureaucrats respect treaty enforcement needs. It is a lack of understanding of how it works on Treaty Settlement Lands that makes it difficult; First Nation representatives have spent a lot of time with RCMP explaining how Treaty works. We have made significant progress, and there seems to be a [...]

How will enforcement be respected? It seems through Land Code KFN is already having difficulty establishing enforcement and that outside governments are not respecting or understanding. How will this be different with treaty?2021-04-14T21:09:11+00:00

If someone rents out their home and they get a bad tenant, would this this be easier to enforce the next time? (similar situation as Thordarson)

2021-04-14T23:00:11+00:00

Thordarson has set a precedent in common law for every Indian Band under the Land Code. The law is now on our side and we will be successful. It will still likely take the same amount of time and effort to get a resolution, but we know we will be successful.

If someone rents out their home and they get a bad tenant, would this this be easier to enforce the next time? (similar situation as Thordarson)2021-04-14T23:00:11+00:00

Would it be different if it was a Status Indian or member of K’ómoks who was convicted of an offense on K’ómoks lands?

2021-04-14T23:03:16+00:00

Enforcement of First Nations laws is a problem everywhere; everyone is experiencing the same difficulty (whether self-governing under Treaty or under Indian Act) – everyone is running up to the same hurdle. It takes enforcement institutions like the courts, prosecutors and the police. Enforcement costs money and we are unable to force the police to enforce our laws, unless we go to court, as we did in Thordarson. We need to have the right tools. Under the Indian Act, there are almost no tools, and Land Code tools are not perfect. We are working hard on this issue in the treaty [...]

Would it be different if it was a Status Indian or member of K’ómoks who was convicted of an offense on K’ómoks lands?2021-04-14T23:03:16+00:00

How is the Tribunal selected and what considerations are given to legal aid?

2021-02-22T20:36:17+00:00

For the current KFN Justice Tribunal, members are selected by the Chief and Council, but in conjunction with the local Community Justice Tribunal. Like any offender, someone who breaks a K’ómoks law has the right to obtain legal counsel. But the KFN will not be funding that. If legal aid is available, and the members qualify, they may be able to use that service.

How is the Tribunal selected and what considerations are given to legal aid?2021-02-22T20:36:17+00:00

What changes can K’ómoks make to have the government give mandate to the RCMP to enforce Indigenous laws? Before and after the Treaty? How are the Migmaw enforcing their laws?

2021-04-14T23:09:31+00:00

The Migmaw, like everyone else, are struggling with finding mechanisms to enforce their laws. They are relying on their Section 35 constitutional right to fish and the inherent right make laws, but these will not be enforced by the police. This is a very complex question. The province and federal governments can enforce their laws because they have courts, police and prosecutors. This all takes money. K’ómoks has been taking all the right steps to try and get Canada to do its job and take on the enforcement of First Nation laws (including giving the mandate to RCMP to enforce, and [...]

What changes can K’ómoks make to have the government give mandate to the RCMP to enforce Indigenous laws? Before and after the Treaty? How are the Migmaw enforcing their laws?2021-04-14T23:09:31+00:00

If RCMP wouldn’t do anything about fireworks night after night or noise – why?

2021-04-14T23:10:26+00:00

Currently there is no bylaw in place, on K’ómoks IR lands that says you cannot light fireworks off In Courtenay and Comox you have to obtain a permit KFN would need to have a law in place prohibiting fireworks KFN is looking to develop a regulation on fireworks, nuisance, noise, etc. But there is still the question of enforcement. Someone will have to enforce the law, if the law has been violated, and this would have to be either the RCMP or a private security company, working with the police. It is not the role of Chief and Council to enforce [...]

If RCMP wouldn’t do anything about fireworks night after night or noise – why?2021-04-14T23:10:26+00:00

How will K’ómoks deal with drug enforcement?

2021-04-14T23:11:39+00:00

Drug enforcement is a matter for the RCMP to deal with. It takes many months of gathering evidence to get a warrant. If they are using on site, and not storing drugs there – then it's not enough to charge. Smaller end possession charges will not be enforced. The Land Code laws may possibly address the nuisance and disruption to the neighborhood. The plan would be to enact laws linked with peace and security or trespass, and attempt to have these matters set before the K’ómoks Justice Tribunal. But even if we have laws in place, and a mechanism to adjudicate [...]

How will K’ómoks deal with drug enforcement?2021-04-14T23:11:39+00:00
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