Pubdate: Wed, 30 Nov 2005
Source: Red Deer Express (CN AB)
Copyright: 2005 Red Deer Express
Contact:  http://www.reddeerexpress.com/
Details: http://www.mapinc.org/media/2920
Author: Johnnie Bachusky

BANISHMENT LAW SET FOR HOBBEMA

HOBBEMA - Hobbema's Samson Cree Nation is set to introduce an
unprecedented new law that will banish band members who engage in
violent gang activities and drug dealing.

The new law, tentatively called the Banishment and Residency Law, is
set to be introduced to the Samson tribal council in January.

"We have people involved in the drug trade, stuff that is unsavoury.
We have to address it," said Mel Buffalo, the band's director of
operations. "I think council will agree to it."

Buffalo said the new law, which is now being fine tuned by lawyers, is
a measure to counter the escalating violence and gang activity that
has rocked Samson and the area's three other reserves over the past
decade.

The violence and gang activity has also underscored the deep social
issues facing the four reserves, which include a criminal caseload for
the RCMP that is more than three times the national average, an 80%
unemployment rate, a 59% increase in child welfare caseloads since
2000, as well as rampant alcoholism, drug addiction and suicides.

Buffalo noted that while a policy of banishment against band members
has been introduced at reserves in Quebec and Saskatchewan, the Samson
initiative will be a precedent in Alberta.

"They sent the guy in Saskatchewan a few years ago to a deserted
island in northern Saskatchewan so he couldn't have contact with his
people for a whole year," said Buffalo, adding the provincial courts
in Alberta have in the past ordered convicted band criminals to stay
away from reserves.

The proposal for a legislated banishment policy at Hobbema has been
gaining momentum over the past year.

Kirk Buffalo, a tribal law supervisor at Samson, is one of the
community's leading proponents for a banishment law. While he admits
there will be some backlash from some over the policy, the community
must take a firm stand against the gangs.

"One person may make a difference but it is going to take the whole
community uniting and standing together and saying, `Let's all agree
to banish these drug dealers and gang members," said Kirk Buffalo (no
relation to Mel), adding he would even agree to banish his own family
members if they were known gang members or drug dealers. "Sometimes
these are drastic actions this community needs to do."

He is further proposing that every band member sign a contract that he
or she agree to be of good behaviour and follow band rules, or else
face the possibility of banishment.

"It is like a probation order. You be of good behaviour, and respect
your home," he said. "If they don't follow the rules then we do
whatever is necessary, including banishment."

Meanwhile, social service officials are also rallying around the
initiative, adding the onus is now on the leaders of the community to
make a firm stand no matter what sort of adverse reaction the proposed
new law may create.

"I think there is also accountability and not being afraid, and
letting leadership and the right people make the right decisions to
get the community safe -- get rid of the bad apples," said Steve
Mulley, a case supervisor at the Kasohkowew Child Wellness Society.

However, Mulley conceded the issue could prove to be a local political
minefield, especially if the band wants to banish a relative of a
community leader.

"Somebody who you want to banish or ostracize may be connected to
someone in council, and it ain't going to fly, simply out of loyalty
to family," said Mulley.

Mel Buffalo added the new law may also face legal challenges, notably
from federal justice officials who might argue the band does not have
the legal authority to banish people.

"But we have an argument to that. Under Treaty 6, we have the
authority to do whatever is necessary to govern our community," he
said.
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MAP posted-by: Larry Seguin