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. - --- MAP posted-by: Keith Brilhart