In Brief: New Tool for Enforcing Indigenous Laws – First Peoples Law
August 22, 2024
What it’s about
The British Columbia Provincial Court held Lower Nicola Indian Band (LNIB) can prosecute individuals in court for violating its land code.
What happened
In 2016, LNIB approved its own land code in accordance with the Framework Agreement on First Nation Land Management in order to move away from the Indian Act and govern its reserve lands pursuant to its own laws.
LNIB’s land code establishes offences that may be prosecuted in accordance with summary conviction procedures under the Criminal Code and authorizes courts to enforce them.
In 2022-2023, LNIB declared individuals in violation of its land code for trespassing and took steps to enforce it. The individuals refused to leave and Crown prosecutors and police refused to assist. As a result, LNIB brought an application to privately prosecute them in provincial court.
