Journey of self-governance: K’ómoks appoints Dr. Marion Buller, first Justice of the Peace
K’ómoks First Nation continues forward with efforts in self-governance, appointing Dr. Marion Buller Justice of the Peace, the first in Canadian First Nations history. Photo from K’ómoks First Nation
On December 4th, 2024, K’ómoks First Nation appointed Dr. Marion Buller as their Justice of the Peace; a first in First Nations history in Canada. This historic moment is the next step in a long journey for the K’ómoks First Nation toward self-determination, building on previous steps like signing to the Framework Agreement in 2014, and voting to approve their land code in 2016.
Chief Robert Louie of Westbank First Nation is chairman of the First Nations Lands Advisory Board. The Lands Advisory Board is an organization that works across Canada to support First Nations communities in their efforts to re-establish control over their lands, natural resources and environment. One way is through land codes, a level of self-governance achieved by the K’ómoks First Nation in 2016.
Chief Louie spoke to CHLY about what it means to be a land code First Nation, how that lead to this landmark moment, and what this means for the future of K’ómoks First Nation, as well as other communities across the country.
“A land code First Nation is a government decision maker,” Chief Louie explained. “It has the community who passes a land code enter[ing] the realm of self-government. Parts of the Indian Act disappear and [are] replaced by the jurisdiction of the First Nation. So at least one third of the Indian Act is no longer applicable to a First Nation with a land code.”
Louie explained that this means the community, in this case K’ómoks First Nation, governs what happens on their lands with full law-making capacity. Whether that be leasehold interest, dealing allotments to band members, how deep to put water and sewage lines, or how close to build to water sources:
“Anything that affects lands,” Louie said, “the community has that full decision making capacity.”
K’ómoks First Nation is one of over 120 communities across Canada to pass land code, with the help of the Lands Advisory Board, Louie said.
“This is what is happening across the country and I know our team, we have a [Lands Advisory Board] board of directors that are reflective of communities right across Canada,” he said. “We've got Resource Center staff who work from Vancouver Island, right through to Newfoundland. And so it's really a good working feeling that, yes, we must work together. Don't leave anybody behind.”
While K’ómoks First Nation are one of many to pass land code, they are the first to appoint a Justice of the Peace. Louie shared what it is that qualified Dr. Marion Buller to be the first:
“Dr. Buller is a First Nation member of the Mistawasis [Nêhiyawak] Cree First Nation in Saskatchewan, and has achieved much in her career over 22 years as a provincial judge,” Louie said.
The Honourable Judge Marion Buller has nearly 40 years of legal expertise, and was the first Indigenous woman to be appointed Provincial Court judge in B.C. in 1994. Judge Buller was instrumental in establishing the First Nations Court of British Columbia in 2006, and became chief commissioner of the National Inquiry into Missing and Murdered Indigenous Women and Girls in 2016. She was appointed chancellor of the University of Victoria in 2022.
“So, you know, high accolades with her background and experience,” Louie said, “and obviously there's no doubt that they've made the perfect choice for their Justice of the Peace.”
To explain why this appointment was necessary, Chief Louie pointed out how Canadian laws all must have enforcement provisions, whether provincial, territorial, or federal.
“When you pass laws they must be enforced,” he said.
Louie went on to explain how a gap in the justice system has left an issue of recognition and implementation of First Nation laws by policing authorities, creating a gap in enforcement over the past few decades.
“In the early days, and I'm going back to the early 1990’s, late 1980’s, early 1990’s, and leading up to our agreement with Canada in our Framework Agreement,” Louie said, “which Canada recognized the inherent rights of First Nations to be self-governing.”
Louie described how at the time they didn’t realize there were gaps in Canada’s enforcement system, such as the RCMP Police Act not providing clauses or clarity regarding the requirement of the RCMP to enforce First Nation laws.
“So consequently,” Louie said, “a gap has clearly developed and policies sometimes intervene, and many communities have no issues with policing and RCMP, [while] other communities do. And so, over time, we've realized that these are real significant issues.”
The movement to self-governance evolved from the Framework Agreement to the passing of land codes at the turn of the millennium. Since then the number has grown to over 120 communities across Canada with this self-government land management function, including K’ómoks First Nation. But the gap in enforcement persists, as Chief Louie explained:
“The difference here is that while you have the general public having more clarity on how enforcement takes place, how prosecution takes place with First Nations, it's a growing understanding with various levels of government to enforce those laws.” Chief Louie explained. “So, consequently, K'ómoks has had to challenge the laws and ensure their laws are enforced.”
Louie shared how that very thing happened with a landmark case in 2018.
“And so [K’ómoks First Nation] were very successful here in 2018 with a landmark court case on trespass,” Chief Louie said, “a landlord tenant situation where their laws, once passed, had to be enforced by the courts and by the RCMP.”
Louie said this gap in the system is what led the K’ómoks First Nation to their decision to appoint a Justice of the Peace, the first ever in Canadian First Nations history.
“They have expertise now. So now for them, it means that they have a Justice of the Peace who can now deal with offenses and implement things like restorative justice,” Louie said.
Louie defined restorative justice as including the victim, the offender, and depending on the case, even community members, to work out alternative solutions to incarceration.
“Here you have the potential of adding more of a traditional flavor to it, having elders' circles in place, having sentencing that may be more unique to a community, to reflect its own cultures and how they do things,” Louie said.
Louie spoke to why this system is so vital in First Nation communities:
“Throughout Canada, and B.C. not excluded from that, there is a disproportionate number of incarceration of Indigenous Peoples,” Chief Louie said, “and so it's helping to deal with things like that, and helping now that there'll be clarity on the enforcement and blending-in of the First Nation cultures in the justice system.”
Louie said that as Justice of the Peace, Buller will have her hands full setting the precedent for how things will be done, and managing disputes and challenges to laws with fairness and efficiency, providing everyone their right to proper access to the justice system.
“Now she now provides a framework for that justice system to occur and to better reflect enforcement of K'ómoks laws and values, and how they wish to move ahead in managing their lands and resources,” he said.
Louie spoke as well to what it means for K’ómoks First Nation, and other communities across the country, to have this historic first.
“I suppose when you look at being the first in Canada, they've put history in motion,” he said. “There always has to be that front end leader that, you know, takes the challenge and moves ahead.”
Louie said that for K'ómoks First Nation, this means they now have clarity that their laws must be upheld by the Canadian courts, providing comfort when they pass laws. He also said this is setting off a ripple effect, to other communities across the country considering what they can do to expand their own self-governance.
“Many communities, not just in British Columbia but other communities, are now seriously looking at how they can further their justice systems and to get clarity on enforcement. So it's set a whole new, different meaning to enforcement of First Nation laws,” Chief Louie said.
Funding Note: This story was produced with funding support from the Local Journalism Initiative, administered by the Community Radio Fund of Canada. Reporting done in the Comox Valley is done in partnership with CVOX.