HAYES IS BACK HOME - FOR THE TIME BEING

Home sweet home - well almost.

Thanks to a decision handed down by Justice Michel Shore in a Toronto
federal court Monday, non-native Rick Hayes is temporarily allowed
back on the Curve Lake First Nation reserve. He was banned back in
October after he was convicted of drug charges on Sept. 26.

This decision allows Mr. Hayes and his common-law wife Donna Shilling,
who is a native, to run their convenience store on the reserve as well
as live together temporarily. However, he is not to go elsewhere on
the reserve or participate in any criminal activity.

His lawyer, Clayton Ruby, said Monday's decision is a step in the
right direction.

"We worked out this agreement," he told This Week.

"We were delighted with it."

Mr. Hayes was given 12 hours to leave the reserve just two weeks after
he was sentenced by Justice Rhys Morgan.

He was told to pay $1,150 in fines and surcharges as well as a $300
forfeiture order and probation for one year on various drug charges,
including possession for the purpose of trafficking, possession of
property obtained by crime, and possession of a weapon for a dangerous
purpose.

Mr. Hayes explained to the court he had only four customers who were
using marijuana for medicinal purposes, a press release from Mr.
Ruby's office states.

"He's absolutely entitled to be there permanently. They gave him no
notice," Mr. Ruby says.

"Any Canadian gets that right."

While Chief Keith Knott was unavailable for direct comment, a press
release from Chief Knott and First Nation lawyer Linda Whetung states
they acted within their rights.

"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 for years in peace among our people...But
when someone who is our guest breaks the law and bring drugs into our
community, they are no longer welcome," Chief Knott says.

Mr. Hayes was exiled from the reserve by the band council, who Mr.
Ruby says acted outside the perimeters of the Indian Act.

"That's his life there on that reserve. I think it's an important case
because anyone's subject to band council authority," Mr. Ruby says,
adding there is no bylaw outlining what happened to Mr. Hayes, and no
government approval to do so.

"I don't know what their motive was. Even if they had a bylaw, they
have to give him (Mr. Hayes) notice and a fair hearing."

However, this is not the first time a person has been banned from the
reserve.

Ms Whetung says Mr. Hayes is one of seven non-native residents who
were told to leave because of criminal convictions in the past three
years.

"There is no question that the First Nation has the legal right to
evict Mr. Hayes," she said in the release.

"The question before the courts is not whether the First Nation can
evict him, but rather, what is the procedure to be followed in doing
so."

The case will resume on Dec. 17 to delve further into issue and
eventually lead to decision as to whether or not Mr. Hayes will be
allowed to stay on the reserve permanently.

*with files from the Toronto Star