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. - --- MAP posted-by: Beth Wehrman