Southwestern Manitoba First Nation pauses provincial court hearings over safety concerns

The chief of a southwestern Manitoba First Nation has asked the provincial court to pause holding hearings and trials in the community because of safety concerns.

Sioux Valley Dakota Nation Chief Vince Tacan says he asked for provincial court hearings to instead be held in Brandon or Virden, after he said he learned about a reprisal threat over a case recently heard in his First Nation.

"The person walked out of court, and [another] person was posting on social media that he was going to retaliate," said Tacan, adding he tried to calm the person down.

But after that, he asked that the twice-monthly court hearing in Sioux Valley be moved to nearby courthouses.

Court is held at the community's mature student centre, which means when court is in session, students are displaced to a different building.

The makeshift courtroom causes security concerns, including weapons found in the bathroom of the building, said Tacan. 

The small space also forces witnesses, victims and accused people into close proximity, he said.

"It's not a safe place for folks, and it's definitely not safe for victims," Tacan said. "We need a proper courthouse, we need the cells, we need the security systems in place."

There were also worries the court was becoming a space for what Tacan called repeat convicted offenders to recruit youth into committing more serious crimes.

"The system is not meeting the safety of the community," Tacan said. "It's not addressing the fear that we have of some of these individuals."

A March 28 notice from Manitoba provincial court Chief Judge Ryan Rolston said starting in April, all Sioux Valley Dakota Nation court matters, including trials and docket sittings, will now be heard in Brandon court, located about 50 kilometres east of the First Nation.

Rolston told CBC the concerns in Sioux Valley are unique because they are coming directly from the chief and council. It's at their request the court has been temporarily removed from the community.

Rolston couldn't confirm when the circuit court will return because it will be based on when the community wants it back, he said.

"Whatever the issues are ... we need to work through with them," Rolston said. "My goal is to be back there sooner rather than later," but "the most important part is when they're comfortable having us back," he said.

Safety at forefront

Sioux Valley's circuit court is one of dozens across the province where judges travel into remote communities to hear cases or trials. The courts are designed to make the justice system more accessible in areas without a permanent court house.

"It did work for a little while. But over time, it devolved into something far different," Tacan said. 

"Today we have serious charges. We have serious assaults, drug charges, and other charges that are causing the community to be fearful."

Carol Johnson, a Sioux Valley Dakota Nation councillor, says some people are scared to attend court because there is no separation of victims and witnesses due to the small space.

"If I had to go and be in that situation and testify, I wouldn't feel comfortable. I wouldn't even want to go. You'd have to walk past the group of them. And, you know, it's very intimidating."

Andrew Synyshyn, a defence lawyer who works with Legal Aid Manitoba in the community, says circuit courts are about "bringing the law to the people," by having justice present and represented in communities.

The accused should be present where a situation happened, because they need to be tried and held accountable where they had an impact, he said.

"When we sentence someone or we deal with justice in the community, it's not about the person — there is that larger sense of community," Synyshyn said. "If you're not there, that would leave a gap or a hole in the area."

Pursuing justice

For now, Johnson says Sioux Valley is working on crime prevention in the community, with a focus on connecting with youth and those experiencing addiction and mental health struggles.

Part of that work is developing a justice system that better reflects the needs of the community, she said.

As a self-governing First Nation, Tacan says Sioux Valley needs to move into lawmaking and focusing on prevention through changes to child and family services, justice and education.

"This is our first shot at trying to chart our own path, so self-government is a good opportunity for that," Tacan said. "It's kind of a licence to be creative."

Sioux Valley Dakota Nation asks for temporary suspension of circuit court

22 days ago

Duration 2:02

A southwestern Manitoba First Nation has asked for a pause on provincial court hearings held there, with Sioux Valley Dakota Nation's chief citing inadequate security in the venue where the hearings were taking place.