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Yukon court bans accused drug dealer from Selkirk First Nation settlement lands for 18 months

Yukon court bans accused drug dealer from Selkirk First Nation settlement lands for 18 months

CBC
Thursday, October 19, 2023 12:35:42 AM UTC

A man accused by Selkirk First Nation of selling drugs in Pelly Crossing is now barred by court order from entering the First Nation's settlement lands for 18 months. 

Yukon Supreme Court Justice Karen Wenckebach signed the order Wednesday, bringing an end to a legal case the First Nation launched against Brent Nibecker earlier this year. 

It's the first time a self-governing Yukon First Nation has gotten a court order banning someone from its settlement lands. 

Selkirk First Nation filed a legal petition to the court in April alleging that Nibecker, who's not a citizen of the First Nation, was selling drugs to citizens in Pelly Crossing and posed a safety threat to the community. It initially asked for an injunction declaring Nibecker a trespasser and permanently banning him from settlement lands.

The First Nation's settlement lands, as laid out in its final agreement, cover more than 4,700 square kilometres including much of the area in and around Pelly Crossing except for the North Klondike Highway. 

Nibecker denied the First Nation's allegations and opposed its request.

The case, which came as the Yukon grapples with a substance use health emergency, was set to go to a two-day hearing starting Wednesday morning. However, in a brief court appearance, Selkirk First Nation lawyer Mark Wallace said the hearing was no longer necessary.

"We have reached an agreement in this matter," he said before handing the order up to Wenckebach. 

The order states that Nibecker "shall not attend" Selkirk First Nation settlement lands until April 18, 2025. It does not say how or why the First Nation and Nibecker settled on that date. 

Selkirk First Nation declined to comment on the case. Nibecker did not immediately respond to a request for comment submitted via his lawyer. 

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