Sioux Valley Dakota Nation will enforce banishment law — but only as last resort

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This article was published 29/11/2023 (694 days ago), so information in it may no longer be current.

SIOUX VALLEY DAKOTA NATION —Residents of Sioux Valley Dakota Nation came together on Monday night to discuss a new law that allows for the banishment of people deemed dangerous to the community by acting violently or trafficking illegal drugs.

Those judged by a new community safety board to be a serious threat to the nation will be prohibited from entering the nation’s lands under penalty of a two-year jail term or a $5,000 fine for each day they defy the order.

That includes residents and non-residents, members and non-members of Sioux Valley found to be violent or trafficking illegal drugs.

The self-governing First Nation passed the law in a July referendum but has yet to enforce it. Monday’s meeting was held to get community members up to speed on how it works and answer any questions they might have.

Of the 1,887 eligible voters in a July referendum on the law, board chair Harold Blacksmith said just 142 people voted. Of those voters, 114 voted in favour of implementing it while 27 voted against it. Polling stations were set up in Sioux Valley, Brandon and Winnipeg.

Speakers at the event said banishment is the absolute last step in dealing with someone harming the nation, but sometimes a necessary one to stop the harm being done by drugs and alcohol.

Addressing the approximately 50 people in attendance, Blacksmith referenced tragedies that happened about a year ago, saying he did not want to discuss them in too much detail but that they had led to the creation of the law.

Sioux Valley endured two homicides late in 2022, one in November and another in December. Those led to two members of the community being charged with murder. A trial in one of those cases is expected to start next month, according to court records.

“We are here to talk about drug addiction and to keep our children safe,” Blacksmith said in remarks in both English and Dakota.

He admitted that during the leadup to the referendum, he did not think voters would pass it but he was glad that they had.

Chief Vince Tacan said Monday that some of his focus on the law has been on mitigating any potential negative consequences that come from it. He was not in office during the vote on the law or its creation, but said he endorses it and the work of the board.

Tacan was re-elected to the role of chief last month after a several year gap, beating out previous chief Jennifer Bone in a three-way race.

He said methamphetamine is being spread in the community and it is coming at a cost to Sioux Valley’s residents and their children.

“These children are trying to get an education, they’re trying to do well in school, but how can they do well at school when this is happening in the background in their homes,” Tacan said.

One of the reasons media were invited to Monday’s meeting, Tacan said, was to let people know that Sioux Valley is struggling with addiction-related issues like other communities. On top of that, he said he wants people in neighbouring communities to know that some of these problems are being brought to Sioux Valley from outside.

“We lost two community members to drugs,” Tacan said. “And that impacted their kids.”

Both Blacksmith and Tacan said strange vehicles from outside the nation have been spotted driving around, linking them to drugs coming into Sioux Valley. They also referenced an assembled list of known drug dealers in the community.

Beyond the cost to individuals, the chief said homes in the community used to manufacture meth are rendered uninhabitable and that negatively affects the nation’s finances and its housing stock.

Tacan said there need to be additional laws to allow law enforcement to search vehicles coming into the community.

The law’s preamble states that violence, illegal drugs like methamphetamine and “other serious threats” are not only a serious risk to community members, but “not in keeping with traditional Dakota values” as well.

“Traditionally, we used banishment as a remedy for dealing with our people who pose a threat or were harmful to the community to protect our citizens,” reads a copy of the law circulated to attendees.

“Banishment is the very last step,” said Patricia Hayward, Sioux Valley’s director of intergovernmental affairs, while explaining the contents of the law. If people are receiving treatment, she said, that will be considered in their favour.

Hayward said a committee to create the law started in January, with a draft prepared for June. That was followed by the voting process in July.

The law states that to initiate a banishment from the community, a member of the community safety board must prepare a notice stating who is under consideration to be banished, along with personal details, why the board believes they are a threat to the community, any relevant evidence, information on how the accused can respond, and the date and time of a hearing to review the case.

A hearing must be held no fewer than 15 days and no more than 30 days after a person is served with notice they are under consideration of banishment. If a person does not show up to their own hearing, the board is empowered to decide in absentia.

Then, the board must provide a written decision on whether the person will or will not be banished within seven days. If banished, a person must leave Sioux Valley and collect their property within 24 hours.

Anyone issued a banishment order can apply for it to be terminated, but not within 12 months after it was first issued and not within 12 months after a previous application was filed.

Blacksmith said reports made to officials and information presented to board members will be treated as confidential.

The hearings themselves will be open for people to attend, but only for band members.

Another board member, Arlene McKay, said she decided to work on the development of the law and sit on the board because she had lost her own son to drugs and alcohol.

“Because I know how it feels, I don’t want mothers and fathers and grandmothers and grandfathers to go through what I did when I lost my son,” she said.

Board member and Elder Eleanor Elk said that as Dakota people, addiction is not their way of life. She said she felt that the community had moved away from its tradition of helping each other and it is time to go back to those ways to help those who are suffering.

“When we stand together, we become a strong nation,” she said. “Or we’re going to keep falling and we don’t want that to happen. Let’s pick ourselves up now. Tell that to your households, your families, your friends. They need to know we’re heading into something that’s serious. It’s taken lives over the years. Me too, I lost a niece because of addiction. She left little children behind.”

The turnout at Monday’s event was a disappointment to board member Jeff Taylor, who said he wished more than 50 people had attended. In recent years, he said, he has frequently seen the community gather only after difficult events or to grieve, adding that it is time to start coming together for other reasons.

Among questions from attendees was whether allowances would be made for a banished person to attend a funeral at Sioux Valley.

Blacksmith said the question was considered during the creation of the law and it was felt it would be best not to grant exceptions.

Another member wondered if people could be banished to a specific location, like a treatment centre.

“If I was going to get banished, I would want to get banished to somewhere where I could get help,” they said.

This was also considered, McKay said, but there were concerns that people would not complete their treatment.

“That’s where the individual really has to sit down and think, ‘Do I really want to be banished or is my addiction so strong that I’m willing to be banished from my own community,’” she said.

With her own son, she said they sat down before he died and forgave each other but he still chose to live the same lifestyle.

A man named Travis, who identified himself as a safety officer in Sioux Valley, said his department is understaffed and needs people to apply to serve. He said people in the community are too willing to enable people with addictions and that he will be advocating for the nation to pass a law prohibiting trespassing.

The chief took a turn at the microphone, asking if there is a process through which people who are dealing drugs can come forward and talk to the board about what they are doing and how they can stop. Blacksmith gave an example of someone who came forward during a private meeting to admit that he had been dealing and had started it to help make ends meet.

The final member of the audience to speak asked how community safety officers would be protected when enforcing the law and how the board would protect itself from people making false accusations.

Taylor said determining the exact criteria for a banishment hearing is something the board is still trying to figure out while Blacksmith said safety officers will have the option of requesting assistance from the RCMP when serving notices and enforcing orders.

The board itself is a seven-person body made up of seven people appointed by the Sioux Valley Dakota Oyate Council, which the law states must include at least one member with a background in justice, a male Elder and a female Elder.

Three board members are appointed to two-year terms while the other four are appointed to three-year terms. All appointments made after the first round will be for two years.

The current members of the committee are Harold Blacksmith (chair), Wendy Whitecloud (vice-chair), Jeff Taylor, Lee Pompana, Bonita Essie, Arlene McKay and Eleanor Elk.

The nation’s chief and councillors are ex-officio members of the board, meaning they can attend meetings but cannot vote at them.

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