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.