The K'贸moks First Nation appointed a new Justice of the Peace on Dec. 4 as they introduced their own justice process.
Dr. Marion Buller, a member of Mistawasis N锚hiyawak (Cree) Nation, was appointed to the role in what the K'贸moks First Nation described as a "groundbreaking achievement."
"(It is) historic, a first for the over 200 First Nations involved in land code in Canada. This is a powerful expression of self-determination, which prioritizes cultural appropriateness, accessibility and community safety," a release from the Nation says.
While the K'贸moks First Nation Land Code was established in 2016 and tested in 2018 when the Nation won a precedent-setting case, there was still no legal framework for the Nation to enforce the laws under that code, without going through a difficult process of private prosecution. Buller's appointment sets that framework, creating a channel through which the Nation can enforce its laws.
鈥淚 am very pleased that Marion Buller has agreed to become the Justice of the Peace for K鈥檕虂moks First Nation. Marion is one of the most accomplished Indigenous legal experts and is a dedicated advocate for advancing Indigenous law and decolonization in the legal system. Marion鈥檚 choice to work with K鈥檕虂moks First Nation is a clear sign of good things to come by addressing the legal gap for enforcement of our laws on reserve,鈥� said Elected Chief Ken Price.
As Justice of the Peace, Dr. Buller brings nearly 40 years of legal expertise to this pivotal role. Buller has shattered barriers throughout her career, becoming the first First Nation woman appointed as a provincial court judge in B.C. She also played a crucial role in establishing B.C.'s First Nation and First Nation Family Courts, each a first in the province. After serving 22 years as a judge, she became Chief Commissioner of the National Inquiry into Missing and Murdered Indigenous Women and Girls. Her commitment to defending First Nation rights and legal systems will help guide K鈥櫭砿oks First Nation as they develop and strengthen their justice process.
鈥淭he appointment of Dr. Marion Buller as our first Justice of the Peace is a historic step in our journey toward self-determination," said elected Councillor Coral Mackay. "This important milestone strengthens our ability to protect our people and our lands while integrating our traditions into a fair and accountable justice process. It reflects our Nation's commitment to building a legacy of empowerment for generations to come.鈥�
Neighbouring municipalities like Courtenay and Comox receive RCMP services for community safety. The K'贸moks First Nation does not fall under the RCMP Act, and therefore does not receive the same support. This creates a significant gap that "leaves First Nation communities vulnerable, as criminal activity can seek refuge on reserve lands. The K鈥櫭砿oks Justice Process seeks to keep its people safe, improve accessibility, resolve conflicts, and build trust in the legal system," the release says.
"This historic appointment is a testament to the evolving role of First Nations in the legal landscape and sets a powerful precedent," it continues.
The K'贸moks First Nation court takes a restorative justice approach, aiming for less punative sentences, while striving for the outcomes that benefit the community as well as those involved directly in the offense. Though it has been nearly a decade since the establishment of the Land Code, there are still many unknowns about the jurisdictional limits of enforcing K'贸moks laws.
"When you have self-government, when you have lawmaking powers, it should have an automatic provision for enforcement. Any government has that," said Chief Robert Louie from the Westbank First Nation. "So now we have the gap. What does the RCMP do? Right now, they act by policy. In many First Nations, there are no problems in enforcing First Nations laws, in others, there are problems. So we need clarity."
"So if the First Nation puts a law in place to have things like Justice of the Peace are appointed, that now gives a format for the process to occur," Chief Louie said.
Buller said she was thrilled to take on the role, while also acknowledging that it would be a difficult one, since it comes with so many unknowns.
"There will be many challenges ahead, and I think everyone here is ready for those challenges," she said.
