K’ómoks First Nation makes history with milestone in land governance

Dr. Marion Buller has been appointed justice of the peace for K’ómoks First Nation.

The K’ómoks First Nation is making history by becoming the first land code nation in Canada to appoint a justice of the peace – and she’s been recognized as a trailblazer, too.

“I’m honoured, truly honoured, to be able to contribute in a small way to the safety of this community and to the protection of this beautiful land,” said Dr. Marion Buller, justice of the peace for the Vancouver Island First Nation.

The Mistawasis Nêhiyawak Cree Nation member has 40 years of legal experience, and the K’ómoks said she has “shattered barriers” throughout her career. She was the first Indigenous woman appointed as a provincial court judge in B.C. And after serving as a judge for 22 years, she became the chief commissioner for the National Inquiry into Missing and Murdered Indigenous Women and Girls.

The mid-island First Nation said the appointment is an expression of self-governance.

“This will now start, I think, a new wave of communities, First Nations with land codes – and we have 122 of them that are operational – that will now look at implementing a justice system that will deal with enforcement.”

The position is designed to bridge a gap by ensuring K’ómoks can enforce its own laws.

A senior lawyer at the unveiling says historically, there’s been a refusal by police and prosecutors to enforce First Nation laws on the basis that they don’t think they have authority or jurisdiction, said First Peoples Law senior counsel Amy Jo Scherman.

A celebratory dinner ceremony and unveiling for Buller’s appointment was held Wednesday. She was brief in her remarks before dessert, giving thanks and praise to the crowd.

“My heartfelt congratulations to everyone, everyone who was had the courage to move K’ómoks First Nation laws forward. And as importantly, to push back against colonization,” said Buller.

The justice of the peace says she’ll be putting an emphasis on healing in her role, which is independent from the nation’s government and politics.

“Ultimately the goal is the safety and the health of the community and the land,” said Buller. “So that’s where I hope we end up going.”