Hay River Reserve mulls new membership code to tackle 'persistent' substance abuse
A conversation about how best to support people with drug and alcohol issues recently led to a discussion on banishing members from the Hay River Reserve.
The community has tried out multiple solutions to deal with substance abuse, including working to re-fund its wellness centre and a new on-the-land treatment program.
Now, removing the membership of band members over "persistent" issues related to substance abuse could be included in the band's new membership code, to be voted on in the spring.
"That membership code will probably have, how do you become a band member?" says Katlodeeche Chief Roy Fabian. "But it will probably also have, how do you lose your band membership?"
Fabian explains that revoking membership is just one minor part of the band's approach to substance abuse, which centres around regaining Dene identity and rebuilding relationships with the land and the community.
"It's still one of the biggest issues we're dealing with as the KFN band," he says.
Support band members, elder says
An elder, Georgina Fabian, agrees that there may be instances when a person should be asked to leave the reserve, but she believes band members should be supported in the community.
"If they're not a band member... I think that they [should] be asked to leave," she says.
"But if they are a band member and have committed a crime, the community itself has to help that person to change their way in life. The whole community has to sit with that person and talk to them."
The practice has been tried elsewhere, but it can be vulnerable to legal challenges.
A Manitoba First Nation went to court over the practice in 2000, and a federal judge ruled that it did not have the power to banish members. Others, however, have been more successful.
Chief Bobby Cameron of the Federation of Sovereign Indigenous Nations in Saskatchewan supports the practice, and several First Nations in the province have banished members over crime and substance abuse problems.
Dene National Chief Bill Erasmus says he supports the community.
No legal context
Indigenous Law scholar Val Napoleon, a professor at the University of Victoria, says bringing back just one part of a whole legal system is a bad idea.
"Banishment, in and of itself, if it's not a part of a comprehensive, articulated system of law, then it doesn't have a context to properly work," she says.
"I don't think it's been successful anywhere. Think about it: when you banish people, where do they go? They go to the cities. Some of those people come back."
Hay River mayor Brad Mapes says he is concerned that it wouldn't address the roots of the problem.
"It'll affect our town because really KFN [Katlodeeche First Nation] and Hay River is just one big happy family, and we need to figure out how we can solve a lot of the social issues that happen within our communities," he says.
"I'd like to have a little more communication with the chief and council."
Mapes said he was not made aware of the plan until last week.
Correction : This story has been substantially updated. An earlier version of this story said that a crime wave prompted a banishment proposal at the Hay River Reserve. In fact, the crime rate on the Hay River Reserve is down 65 per cent since August, according to RCMP. The original story also said that band leaders had introduced a proposal that would allow the community to banish troublesome members. In fact, the idea emerged as band leaders were discussing possible changes to the new membership code, which could be voted on in the spring. (Nov 22, 2016 4:30 PM)
