QUESTIONS & ANSWERS
About Acithaw Tawikatinaw (Temporary Removal)
This information sheet is provided by Nisichawayasihk Cree Nation Chief and Council. If there are any discrepancies between this and the actual law, the law shall prevail. If you have further questions about NCN’s law-making process, please be sure to attend community meetings about the topic.
GLOSSARY OF TERMS
PKT – Peacekeeper Tribunal
TAP – Tapitowinikewin Agreement
Q: What is changing?
A: We are recommending changes to our banishment law and increasing the limits of alcohol under the permit system.
ALCOHOL LIMITS:
Q: What are the current limits?
A: I. Up to twenty-four (24) 355ml cans or bottles of beer or coolers; or II. Up to one litre of spirits such as rye, vodka, or rum; or III. Up to four (4) litres of wine;
Q: What are the new alcohol limits?
A: I. Up to forty-eight (48) 355ml cans or bottles of beer or coolers; or II. Up to two (2) 750ml bottles of spirits such as rye, vodka, or rum; or III. Up to eight (8) litres of wine
Q: Why are the limits changing?
A: The people believe that the previous limits were too low so we are updating them with the views of the community.
ACITHAW TAWIKATINAW (TEMPORARY REMOVAL):
Q: What is changing?
A: The old banishment provision is being completely updated.
Q: Why is the old banishment law changing?
A: The community was clear that being banished for 5 years was way too long. The old banishment law needed to be updated to ensure our laws are compliant with the Charter of Rights and Freedoms.
Q: Who can be temporarily removed?
A: Anyone who is a serious threat to the community.
Q: Can non-residents be temporarily removed?
A: Yes.
Q: Who decides who gets temporarily removed?
A: The PKT will make this decision.
Q: Why don’t Chief and Council decide who should be temporarily removed?
A: Chief and Council have purposely granted the authority to the PKT so that all NCN residents are free from political interference.
Q: Who decides if someone is a serious threat to the community?
A: For the purposes of a removal, the PKT will decide whether someone is a serious threat to the community.
Q: What if there is an immediate threat, can a person still be removed?
A. Yes. The RCMP can still remove someone if they are an immediate threat to the public. The person’s dangerous actions could be a reason supporting PKT’s decision for a temporary removal, if any.
NOTICE OF ACITHAW TAWIKATINAW (TEMPORARY REMOVAL):
Q: Will someone let me know if I am being considered for temporary removal?
A: Yes. Under the old law you could be banished without any notice. Under the new law, you will be provided with a document that will tell you the date, time and location of any hearing.
Q: How will I be notified?
A: It can be personally delivered.
Q: What happened if the person cannot be found or is not home?
A: If a person is not home or can’t be found, then Justice may:
I. leave the notice with an adult at your last known address;
II. tape the notice to the door of your last known address; or
III. send the notice via registered mail.
Q: If I am possibly being removed, will I get a chance to explain my side before a decision is made?
A: Yes. Under the old law a person could be banished WITHOUT getting a chance to share their side of the story. Under the new law, a person will be able to share their side of the story.
Q: If I am possibly being removed, who will I get to share my side of the story with?
A: The PKT.
Q: What kind of evidence will be used to decide whether someone should be removed?
A: The PKT will rely on incident reports, documents, pictures, records, or video footage.
Q: What kind of evidence can I use?
A: Any written or documentary evidence you have available.
Q: How much time do I get to prepare my side of the story?
A: You will have 14 days after the notice was provided to you.
Q: Can the PKT choose a lesser option instead of removing someone?
A: Yes, the PKT can decide not to remove someone, a conditional removal or no removal.
Q: Can I sign a TAP agreement instead of being temporarily removed?
A: The PKT will decide if a TAP agreement is appropriate depending on the severity of the case.
Q: What factors will the PKT consider when deciding whether someone should be temporarily removed?
A: i. Whether temporary removal is in the best interests of NCN, taking into account the interests of the person; or
ii. whether or not the person has acknowledged their issues and is working on rehabilitation or restoration;
iii. whether temporary removal will significantly reduce the threat to the community;
iv. whether there are any other means to significantly reduce the threat.
Q: What if I do not attend the hearing or submit any evidence?
A: The PKT will make a decision in your absence.
Q: How long do I have to wait for a decision from the PKT?
A: The PKT should have a decision within 7 days of any hearing.
Q: Do I need to hire a lawyer?
A: You can, but the system is designed to be informal so that you do not have to hire a lawyer.
Q: What happens if I disagree with the PKT’s decision?
A: The PKT’s decision is final and binding.
Q: If the PKT decides that I am being temporarily removed, how much time will I get before I have to leave the community?
A: You will have up to 24 hours to get your affairs in order, but you must keep the peace. If you do not keep the peace, you will be immediately removed.
RETURNING HOME:
Q: How long do I have to wait before asking to come back to the community?
A: You have to wait 90 days. Under the old law you had to wait for 5 years. If you went to jail, you had to wait for 5 years after you were released from jail.
Q: What does the person need to show to be allowed back?
A: A person will need to show that they are working to better themselves.
Q: Who do I apply to in order to be able to come home?
A: The PKT.
Q: How do I return home?
A: You must make an application to the PKT asking for a hearing to return home.
Q: Where can someone get the application form?
A: From the Director of Justice or their office.
Q: What does the PKT look for before allowing someone to return?
A: Below is a list of factors the PKT will take into consideration when determining if someone should return home:
(a) how the person’s behavior impacted other individuals and the community.
(b) what they have done to take responsibility for their actions and to improve themselves to demonstrate they are pursuing Mithopematisiwin (a good life);
(c) the steps the person has taken to seek forgiveness and repair matters with their victims;
(d) the victims’ views of whether they should be allowed to return to the community;
(e) the supports the person has in the community;
(f) where the person is planning to stay and what they intend to do in the community;
(g) the person’s TAP Agreement / Wellness Plan and any modifications that need to be made to the plan;
(h) whether the person trespassed on NCN Lands after being temporarily removed;
(i) The person’s recent criminal record check;
Q: Will I be notified of the hearing?
A: Yes in the same way you were notified of the original removal hearing.
Q: How long will it take PKT to decide my case, once it is heard?
A: Within 7 days.
Q: What happens if the PKT decides I cannot return home?
A: You have to wait another 90 days to continue working on your healing.
Q: If the PKT decides I can come home, can I come home immediately?
A: No. The PKT will need time to notify the FSNO’s, Justice, and victims.
BIG PICTURE QUESTIONS:
Q: Why are we changing the word “Banishment” to “Acithaw Tawikatinaw?”
A: Banishment is harsh, outdated and strongly represents Indian Act policy. The word banishment also feels like someone is being asked to leave forever and that is never the case. We changed the wording to reflect our original values through our current laws.
Q: What safeguards are there to make sure the law is used fairly?
A: The biggest safeguard is that Chief and Council will have nothing to do with these cases, because it is the PKT that makes these decisions. The PKT is independent from Chief and Council.
Q: Is the law about punishment or about healing?
A: This law is about rehabilitation and helping the person find healing to be reintegrated back into our
community.
Q: What happens to the old Banishment Regulation?
A: We borrowed some parts of it, but the old Regulation will be completely removed because the new law replaces it.
Q: Will the PKT be allowed to share this information with Chief and Council?
A: Yes. It is important for leadership to know what is going on.
INTERESTING FACT:
Under the new law, the PKT may deal with any previous banishments, without the need for a formal hearing, as long as the banishments are 10 years or older. There are many banishments that are older than 10 years. The PKT can now deal with them without asking the person to go through a formal process.
