‘Different Strokes for Different Folks – Banishment’

This isn’t a discussion about the efficacy of ‘banishment’, but about the fact that Canada’s discriminatory Constitution treats aboriginals and aboriginal reserves differently than all other Canadians. In Canadian communities, ‘banishment’ can only be done by court order {See below} – unless it’s an aboriginal reserve:

“Kingsclear ‘First Nation’ {a ‘nation’ of 1,053 people} Band council has “banished” five people from the reserve as part of a stepped-up effort to rid the community of illegal drugs, says the chief.

“These individuals have been identified as trespassers by Chief and Council”,
the Band posted on its Facebook page Friday morning, along with the names of the non-Band members and their photographs.
“Effective immediately, these people are not permitted within the boundaries of the reserve for any reason.”

“Any Band member found to be housing the banned individuals “shall face consequences” that could include eviction and the loss of social benefits and services {? That’s illegal where Canadian citizens are concerned, and these ARE – despite some protests to the contrary – Canadian citizens!}, the notice warns. If any of the “undesirables” are spotted on the reserve, they will be reported to RCMP and could be charged with trespassing under the Criminal Code, said Chief Gabriel Atwin.
{So, the RCMP will be enforcing rights violations?}

“It’s not a decision we take lightly”,
he said, but
“our job as leaders is to protect the community and that’s the steps we’re taking.”
“As drastic as they seem, again, it’s our community and we’re trying to take it back.”

“Although the individuals have not been convicted, they are allegedly involved in drug activity, said Atwin, based on complaints from members of the Wolastoqiyik community of about 800, located approximately 15 kilometres west of Fredericton.

“Band council does not have the judicial power to charge ‘non-‘Indigenous’ {sic} people, but sought legal advice before banning and publicly identifying the individuals, said Atwin.

“So we’re pretty confident that we’re pretty safe.”

“Kingsclear has banned people in the past, prior to him becoming the chief seven-and-a-half years ago, he said.”

–‘Kingsclear First Nation bans 5 people from the reserve as part of drug crackdown’,
Bobbi-Jean MacKinnon, CBC News, Oct. 18, 2019
https://www.cbc.ca/news/canada/new-brunswick/kingsclear-first-nation-banished-drugs-1.5325789
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“Although rare, banishment orders are not unknown in Canadian law. Territorial restrictions may be built by judges into peace bonds, terms of bail and probationary orders as part of a sentence where permitted by the Criminal Code. Such orders require the accused to stay away from a particular geographic area for the safety of victims or for the benefit of the accused’s rehabilitation, for a limited period of time. Banishment-type orders must balance these objectives with the potentially disruptive effect of the order on the accused and the accused’s constitutional rights, such as those to freedom of mobility and protection against cruel and unusual punishment.

“The starting point in the case law is Justice Brian Dickson’s classic observation in a 1968 decision of the Manitoba Court of Appeal that relations between communities should be based on mutual respect and understanding as opposed to communities ridding themselves of undesirables by

foisting them off on other communities.”

{And yet, that’s EXACTLY what aboriginal reserves are allowed to do – and without a court order! Another example of Race-based law…}

“Yet in a number of cases, time-limited territorial restrictions have been imposed by Canadian sentencing judges and upheld on appeal. For example, the Northwest Territories Supreme Court upheld a sentence imposed by a justice of the peace in a 1983 case that banished the offender from a community he had lived in for one year, as it would not cause him undue hardship, although it limited the duration of the order. The court cautioned that banishment orders must be exceptional and should not be used to

“solve a local problem at the expense of other communities.”{!} …”

–‘Banishment is part of the judicial toolkit’,
LORNE NEUDORF, Toronto GLOBE AND MAIL,
PUBLISHED JULY 25, 2012, UPDATED APRIL 30, 2018
https://www.theglobeandmail.com/opinion/banishment-is-part-of-the-judicial-toolkit/
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