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.
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 [...]
The cost accrued through this case was about $170,000. The First Nations Lands Management resources covered much of that cost. The K’ómoks Administration have had conversations with Lands Management, they will assist in further court case costs if necessary.
Yes, it has all been set up and easy for them to set up the system but have not given us the ability to enforce the laws. This is a big cost.
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.
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 [...]
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.
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 [...]
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 [...]
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 [...]
