History was made in Elliot Lake on Wednesday when a First Nation successfully pursued one of its own laws in an Ontario courtroom for the first time.

And in doing so, Mississauga First Nation (NPF) not only banned from its community, located about 550 km northwest of Toronto, a person alleged in court documents to be a possible drug trafficker, but also increased pressure on Ontario to It recognizes the legal systems of the First Nations.

“I think it’s exciting for us. It took a while,” Chief Brent Niganobe told APTN. “Our legislative team has been working hard on this for a long time. »

Roberta Witty pleaded guilty to two counts of trespassing and failing to comply with an order to leave the community issued by the MFN Band Council effective February 2020.

It took more than four years to secure a conviction, largely because police declined to charge Witty, questioning the legal authority of NPF laws.

“We wanted our laws to be enforced and they weren’t,” Niganobe said.

In 2009, the MFN developed its Land Code, which recognizes the community’s right to control their land.

In 2015, it adopted the Misswezahging Constitution, which states that the MFN has “the inherent right granted by the Creator to pass laws necessary to protect and preserve Anishinaabe culture, to protect our lands, our language, our customs, our traditions and practices.

The Community Protection Act followed in 2019.

Ultimately, MFN was forced to hire an attorney who filed a request earlier this year to pursue a private lawsuit against Witty.

A justice of the peace approved the request which led MFN’s attorney, Jay Herbert, to sue Witty.

Private prosecutions are a last resort for bringing charges against people without a police investigation.

“For years First Nations have been told their laws can’t be prosecuted, this proves they can be prosecuted,” Herbert told APTN.

“I think this is a huge step forward for First Nations who want their laws respected, but are often challenged by law enforcement for not being able to use them.”

Witty was ordered to pay $1,000 to the community.

Wearing a black Sons of Anarchy hoodie, she appeared via video from a cellphone in what appeared to be a car. She told the court she worked maybe once a month and needed a year to pay the fine.

Witty also told the court she now lives in nearby Blind River.

APTN attempted to reach her via Facebook Messenger, but did not get a response.

Law enforcement may have refused to comply with the MFN law, but the money to pay Herbert came from a government-funded pilot project.

The pilot project was launched in December 2022 to cover costs specifically related to private prosecutions regarding First Nations laws.

“While we cannot comment on specific cases before the courts, the ministry is not aware of any convictions arising from a private prosecution regarding the land code of a First Nation in the courts of the Ontario to date,” said Keesha Seaton, a spokesperson for the Ministry of Justice. Attorney General Tuesday.

At least until the next day in Elliot Lake.

APTN will have more on this and First Nations laws next week in a special. From nation to nation.