Southwestern First Nation bars provincial court from its community

A southwestern Manitoba First Nation is blocking provincial courts from visiting its community, citing safety concerns.

Sioux Valley Dakota Nation's provincial circuit court was creating security concerns when it came to the physical and mental well-being of community members, says Chief Vince Tacan. 

Court takes place twice a month in the community's mature student centre and the chief said it wasn't providing the necessary security.

"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."

Tacan says when court was in session, students would be displaced to a different building as their classroom became a courtroom. 

He says the makeshift courtroom causes major security concerns. Weapons have been found in the bathroom of the building. It's a small space that forces witnesses, victims and accused people into close proximity, and he's had community members reach out threatening reprisals over cases that appeared in the court.

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 Provincial Court of Manitoba's Chief Judge Ryan Rolston said starting in April, all Sioux Valley Dakota Nation court matters including trials and docket sittings will now appear 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 removed from the community temporarily.

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."

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.