It is a historic milestone in First Nation Land Governance.
K’ómoks First Nation has announced the appointment of Dr. Marion Buller as the Nation's first Justice of the Peace.
This achievement is historic, as K’ómoks is the first land code First Nation in Canada to appoint a Justice of the Peace.
The K’ómoks Justice Process was created to fill the gaps in federal and provincial enforcement support.
While the Nation is surrounded by a large urban centre, made up of the various communities of the Comox Valley, it does not have access to the same level of enforcement support as its municipal neighbours.
RCMP services are bound by the scope of the RCMP Act, which protects the laws of Canada, the provinces, and municipalities with contracts for policing.
However, the Nation notes the act does not acknowledge First Nations laws, leaving First Nation communities vulnerable, as criminal activity can seek refuge on reserve lands.
The K’ómoks Justice Process utilizes the legal authorities provided by the K’ómoks First Nation Land Code, established in 2016, which replaces over 30% of the Indian Act with K’ómoks’ own laws.
The land code was tested in 2018, when K'ómoks won a precedent-setting trespass case, with the British Columbia Provincial Court upholding K'ómoks’ legal authority to make and enforce its laws.
As Justice of the Peace, Dr. Buller brings nearly 40 years of legal expertise to the role.
She was the first First Nation woman appointed as a provincial court judge in B.C. and played a role in establishing B.C.'s First Nation and First Nation Family Courts, each a first in the province.
After serving 22 years as a judge, she became Chief Commissioner of the National Inquiry into Missing and Murdered Indigenous Women and Girls.
To learn more, visit K’ómoks First Nation.