Evaluating Banishment as a Method to Control Substances in Nunavik
Introduction
Leaders in Nunavik are currently examining whether banishment could be an effective way to reduce the amount of illegal drugs and alcohol entering their communities.
Main Body
Pita Aatami, the president of Makivvik, has proposed this strategy to target non-residents who bring illegal substances into the region. To achieve this, officials are considering changing the employment contracts of workers from the south, as their housing usually depends on these agreements. They are also looking at using landholding corporations that manage Inuit-owned land. This initiative is presented as a return to traditional Inuit practices that prioritize the safety of the community over the rights of outside sellers. This approach follows a trend of Indigenous communities seeking more control over their own governance. Chief Brent Niganobe of the Mississauga First Nation criticized the Canadian legal system, asserting that federal laws often fail to stop convicted drug traffickers from returning. He mentioned a 2020 case where his community successfully banished a suspected drug dealer, a decision that was later supported by the courts. Although some laws provide a basis for these actions, Niganobe claimed that the judicial system often ignores these rights, making alternative administrative measures necessary. From a legal standpoint, lawyer Marc Gibson suggested that removing non-members is less likely to violate the Canadian Charter of Rights, as long as the process is fair. However, he emphasized that it is much more difficult to banish community members, as this could interfere with their rights to housing, work, and family. Furthermore, Gibson argued that while banishment stops the supply, it does not solve the underlying problems of addiction. As a result, he suggested that health campaigns and education must accompany these policies. Currently, Makivvik is conducting a legal analysis because the James Bay Northern Quebec Agreement does not specifically mention banishment.
Conclusion
Nunavik leaders are now considering the legal and social effects of using banishment to stop drug trafficking, attempting to balance traditional governance with modern legal requirements.