Pubdate: Tue, 27 Nov 2007
Source: Toronto Star (CN ON)
Copyright: 2007 The Toronto Star
Contact:  http://www.thestar.com/
Details: http://www.mapinc.org/media/456
Author: Brett Popplewell

EXPELLED MAN BACK ON RESERVE

Non-Native Banished For Drugs May Rejoin Wife While He Appeals: Judge

A Peterborough man is back home with his wife on Curve Lake First 
Nation after a federal judge agreed to let him return despite being 
banished by the reserve's band council after a drug trafficking charge.

Rick Hayes, a Toronto-born white man, has lived on the reserve with 
Donna Shilling, his common-law wife, for the past four years but was 
banished after he pleaded guilty to possessing and trafficking 
marijuana to at least four reserve residents.

Hayes, who has no previous convictions, claims to have been selling 
the marijuana to clients for medicinal purposes, but he did not have 
a government permit to do so.

On Oct. 11, two weeks after his conviction, Hayes was given 12 hours 
notice to vacate the reserve and never return.

He has since purchased a house in nearby Buckhorn, but had not been 
able to return to his livelihood on the reserve, where he operates a 
convenience store.

In a statement released yesterday, Chief Keith Knott of the First 
Nation reserve defended his right to evict Hayes.

"First Nation lands were set aside for the benefit of our members 
under the Indian Act and therefore, everyone who is not a member of 
our First Nation is our guest.

"We have a lot of people who are non-native who have lived (here) for 
years ... But when someone who is our guest breaks the law and brings 
drugs into our community, they are no longer welcome."

According to Clayton Ruby, the Toronto lawyer representing Hayes, the 
actions of the band council were not in accordance with the Indian Act.

"No court would impose such a harsh penalty," said Ruby.

"Clearly, his rights have been trampled. The band cannot act to do 
this without having a bylaw passed by them and approved by Indian 
affairs and it takes 40 days minimum to do that."

Whether the order for Hayes to be banished was properly administered 
remains in question.

While Ruby contends the band council needs government approval, Linda 
Whetung, general counsel to the First Nation, said the council acted 
within its rights in not notifying Indian and Northern Affairs.

According to Whetung, Hayes is one of seven non-native residents 
who've been banished from Curve Lake First Nation due to criminal 
convictions in the past three years.

Hayes is seeking a full reversal of the band council's decision.

He and Shilling operate a convenience store on the reserve, where 
Shilling holds native status. As a non-native, Hayes is not allowed 
to own any land on the reserve.

Nearly half the couples on the reserve are of mixed marriages.

Justice Michel Shore described the case as urgent. "This could be 
precedent-setting," he said in Federal Court in Toronto yesterday.

Hayes's case will continue Dec. 17.

Meanwhile, he's free to reside at Shilling's home and continue his 
duties at the store, but may not go elsewhere on the reserve.
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MAP posted-by: Keith Brilhart