ESKASONI CAN LEGALLY EXILE DRUG DEALERS

Legal Expert Says Banishing Drug Dealers Doesn't Violate Charter

ESKASONI - Banishing drug dealers from First Nations communities
isn't a violation of Charter of Rights and Freedoms, according to a
criminal justice expert.

Michael C. Chettleburgh of Toronto, who runs his own criminal justice
consulting business and often works in First Nations communities,
said Eskasoni's decision to take away band privileges from drug
dealers is not illegal - or even uncommon.

Eskasoni band officials are threatening to take away certain
privileges from drug dealers in the community, including employment
with the band, housing and any income coming from the fisheries,
gaming and sale of tobacco.

"If a First Nation was to do this and there was to be a challenge,
I'm pretty sure they would be successful in defending that
challenge," said Chettleburgh, who lived in Coxheath for three years.
"These things are provided to you really as a privilege rather than a
right, so if you breach (community protocol), really you should be
banished - period."

Chettleburgh said in certain nomadic tribes, members can be asked to
leave shared lands for eight weeks. When that time is up, if they
choose to be a productive citizen they can return; if not, members
are told to not come back.

He said many First Nations communities in Canada are looking to
banishment as a way of dealing with prolific criminals and said bands
aren't responsible for providing for their outcast residents.

Still, they must follow the proper process.

"Even if they are (a) First Nation, they are still subject to the
Criminal Code of Canada, including the rules of evidence and
testament, all those things," he noted.

Jaime Battiste, an adviser to the Eskasoni band, said people charged
with drug trafficking will lose their privileges even before a court
trial. He said a recent survey shows drug abuse is the top concern in
the community.

"Based on that and based on some of the (suicide and drug-related)
deaths we've had in the community, chief and council felt it was the
right time to create a partnership with the RCMP to work together to
see how we can start making a difference," Battiste said.

Under the resolution, RCMP could supply the band with the names of
anyone charged with drug trafficking. Band officials will then apply
for a court order to remove the offender from band housing.

Battiste said people will lose privileges once charged. If charges
are later dropped, the privileges will be reinstated.

"People who get their charges withdrawn will automatically get those
privileges back," he said.

Band council is also considering a residency code that would apply to
offences such as murder and pedophilia.

"What we're saying is based on Mi'kmaq principles, with rights come
responsibilities, and if you don't maintain your responsibilities as
Mi'kmaq, you lose those rights or privileges."

Chettleburgh said he doesn't believe any band would banish someone
without first holding some sort of hearing.

"I don't think for a second they're going to accept the word of the
RCMP and then make orders based on that. That would be a very naive
approach," he said.

Battiste said the band doesn't plan to violate the Canadian Charter
of Rights and Freedoms. He also said a person's privileges could be
reinstated after they receive counselling and demonstrate good behaviour.

Eskasoni officials say prescription pill abuse is a problem on the reserve.

The band has already instituted a court-approved policy that tests
community fisherman for illegal drugs.