Pubdate: Sat, 13 Oct 2007
Source: Peterborough Examiner, The (CN ON)
Copyright: 2007 Osprey Media Group Inc.
Contact:  http://www.thepeterboroughexaminer.com/
Details: http://www.mapinc.org/media/2616
Author: Jeanne Pengelly and Andrea Houston
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

STORE OWNER TOLD TO LEAVE RESERVE

Drug Conviction Prompts Curve Lake's Decision

Curve Lake resident and business owner Rick Hayes has been evicted 
from the reserve over a drug conviction, The Examiner has learned.

Hayes, who owns Charlie's Bay Convenience Store - a gas and variety 
stop for locals and tourists - said the chief of the Anishinabek 
Police Service delivered the notice Thursday around 8 a.m.

It said Hayes had 12 hours to leave the reserve because he was an 
"undesirable."

"I'm totally disoriented. I don't know what I'm doing where I'm 
going," Hayes said from a friend's home north of the reserve 
yesterday. "I built a life and they took it away in 12 hours."

Hayes, who grew up in Toronto and Parry Sound, moved to Curve Lake 
four years ago with his common-law wife, Curve Lake band member Donna Shilling.

The couple opened their business shortly after, Hayes said.

"We sell gas, regular and marina, a variety store, chip truck. We're 
just putting in a cabin to rent and we're going to do more next year. 
And we just built a log cabin across the street with an arcade for 
kids," Hayes said.

"We were doing all right."

The store employs eight people, including students.

Reserve evictions are authorized by the seven-member council, 
including Chief Keith Knott.

Knott refused to comment on the incident last night. He also refused 
to clarify the discrepancy surrounding the charges or offer any 
comment on the issues of racism.

Anishinabek Police senior Const. Kirk Dixon said a search warrant 
uncovered a pound and a half of marijuana, drug paraphernalia such as 
pipes and scales, $1,100 in cash and a set of nunchucks. "In this 
situation, he has quite a bit to lose apparently because he has 
interest in the store," Dixon said. "But there are rules here just 
like everywhere else."

A First Nation council resolution states that Hayes's criminal record 
included possession for the purpose of trafficking, possession of 
marijuana and possession of a prohibited weapon. His presence on the 
reserve was reported to the chief by the Anishinabek Police Service.

Sue Browning, a friend of Hayes, said the issue is a clear case of 
discrimination.

Hayes, a non-native, was fined for possession of marijuana, paid the 
fine and went on with his life.

It was a first offence, she said.

Not true, according to Dixon. Hayes was convicted of all the charges 
stated in the council resolution, he said.

"Being allowed on the reserve is more of a privilege," Dixon said. 
"This is a reserve where First Nations people have been more or less 
put on by the government."

This also wasn't the first time someone has been ejected off the 
reserve for drug charges, he said.

"It's not even the first case this month," Dixon said. "It happens 
quite a bit."

There have even been native community members kicked off the reserve 
for a year following criminal charges, Dixon said.

"It's not just non-natives who are kicked off," he added. "We have to 
protect our youth and our community members.

"A lot of the criminal activity that happens here are not necessarily 
members of the reserve, they are people who come onto the reserve 
from elsewhere."

When the notice came, Shilling was "in total shock and disbelief," 
Browning said.

Hayes said in his four years in Curve Lake, he ran into "a bit of 
discrimination" off and on.

"One time a guy tried to chase me out of my store saying I was a 
white guy in the wrong place," Hayes said.

He never expected it to come to this, however.

"Then we have this white guy, who is charged for the first time in 
his life, and is a straight shooter, an asset to have in society and 
they kick him out," Browning said.

Referring to the ongoing challenge police have in combating drug and 
alcohol addiction on reserves, Dixon said the problem is perpetuated 
when non-natives bring more drugs into the community.

"It's not just marijuana out here," Dixon said.

"We have major problems with hardcore street drugs like cocaine, 
crystal meth, ecstasy and these are young kids only 12 or 13 years 
old getting high."

Dixon said this situation is not racism. Authorities in Curve Lake 
are just using the powers available to them to keep youths off drugs, he said.

"We see our kids all getting hooked on hard drugs, so Mr. Hayes is 
not helping matters by bringing more in," Dixon said. "That's why he 
was considered an undesirable."

After Hayes and Shilling left, her son and his girlfriend are now 
running the business.

Shilling plans to approach band council at its next meeting.

Dixon said he has never had anyone try to apply to return to the 
reserve or attempt to take Curve Lake to court to fight the decision.
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MAP posted-by: Beth Wehrman