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Banishing Newfoundlander might sound medieval, but it's within the law

While banishing a Newfoundland man from his home province might seem like a judicial relic, banishment orders are allowed under the Criminal Code.

"It really captures our imagination about a time gone by, a medieval period where the king would banish you from the kingdom," says Lorne Neudorf, an associate professor of law at Thompson Rivers University in British Columbia who has written about banishment.

The Newfoundland Supreme Court exiled long-time criminal Gordie Bishop, 33, on July 11, after he was found guilty of dragging a police officer with a car in 2015.

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Bishop's sentence includes one year of probation and an order to leave the province while serving it, a condition proposed by his lawyer to help keep Bishop, whose criminal record is 27 pages long, from his lifestyle of crime.

Bishop's father later said his son would likely move to Fort McMurray, where his mother lives.

Province-wide ban unusual

While legal, Neudorf said it strikes him as odd that a court would issue a province-wide ban.

"Normally you won't see them in as large an area as an entire province," Neudorf said. "That is exceptional and entirely unusual."

Neudorf said it's likely the judge issued the order only because Bishop consented to it.

"This is seen as a way forward for him to get kind of a new start on life. That could be why we see this is this case," Neudorf said.

"Judges are trying to strike a balance here between helping the person rehabilitate — start a new life in some cases — without foisting these people, who have created criminal activity, on other communities."

Transfers problem

Tom Stamatakis, president of the Canadian Police Association, said banishment simply moves a problem somewhere else.

Stamatakis is worried what Bishop's banishment means for law enforcement in whatever community he moves to.

"Anytime any person intentionally or recklessly engages in an action or an activity that either jeopardizes the safety of one of the members I represent, that's very concerning," he said.

Stamatakis said the police association would've liked to see more attention to rehabilitating offenders than banishment.

Often police officers find that criminal records as long as Bishop's indicate addictions or mental health issues.

"It's incumbent on the courts to do more than just look at sentencing or banishing," Stamatakis said. "I think we need to use some of the tools the courts have at their disposal."

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