Judge rules community can banish drug dealer

A Quebec First Nation can banish convicted drug dealers from its territory for up to five years, according to a Superior Court ruling.

Last week Judge Sandra Bouchard gave police in Opitciwan the authority to remove 32-year-old Kelly-Marguerite Weizineau from the reserve two years after she was arrested for trafficking.

After her guilty plea last year to trafficking under $5,000, the local band council petitioned the court to banish her until March 2022.

Weizineau will now have until Monday to gather her things and leave the remote territory. If she doesn’t, local police and the Sûreté du Québec can detain her and drop her off outside the reserve.

“We have a serious drug problem in our community and, at some point, we have to send drug dealers a message,” said Christian Awashish, Grand Chief of the Opitciwan band council. “It seems harsh but we’re at the end of our rope here.”

There are only about 2,500 people living in Opitciwan, but police in the community handle as much crime as in a town 30 times its size. Rampant poverty, overcrowded housing conditions and widespread substance abuse have created a caustic situation on the reserve.

Two years ago, Awashish put forth a bylaw that would give council the power to banish anyone convicted of selling drugs, and 81 per cent of voters approved it.

Weizineau was arrested just weeks after the bylaw passed but she refused to abide by it. Police handed her an eviction notice but the 32-year-old reportedly went into hiding. In order to cement the practice into law, Awashish turned to the courts. Judge Bouchard ruled that the bylaw was consistent with Article 81 of the Indian Act, which states that band council can modify and enforce local bylaws.

The Indian Act forbids band council to permanently revoke someone’s membership. But the Opitciwan bylaw allows for members to return after 60 months.

“This is a remote community, we’re deep in our territory here and to have to leave is one of the worst punishments you can imagine,” said Awashish. “Living on the land is a huge part of our culture and not being able to have that hurts.”

There are 12 other banishment cases pending and Awashish isn’t sure if he’ll have to get a court order for each or if Bouchard’s ruling can apply in each case.