A controversial bylaw allows council in Norway House Cree Nation to banish chronic offenders.A controversial bylaw allows council in Norway House Cree Nation to banish chronic offenders. (CBC)

A new bylaw in Norway House Cree Nation gives the Manitoba band's council the power to banish band members who engage in illicit behaviour, but it may run into opposition from federal officials.

The legislation targets individuals who abuse drugs or alcohol, engage in violence or have gang affiliations.

Chief Marcel Balfour said the bylaw was prompted by a spate of crime and violence in his community of about 6,500 people, 450 kilometres north of Winnipeg.

"A number of people have been living in fear and I think that has probably caused a bit of a chill to work with local law enforcement as well," he said. "Personally, my place in Norway House has been broken into four times and a number of places and business have been having their places broken into as well."

Balfour says banishment from the community and revocation of band membership would be the last step in the process. It would only be applied in cases where people refuse to take advantage of healing and reconciliation services.

The band banished one drug dealer from the community nearly 10 years ago. At that time, it used a band council resolution.

The federal courts later ruled the band would need a bylaw to take such action in the future.

While the band is free to create such bylaws, the federal Department of Indian and Northern Affairs Canada (INAC) does not support it. According to Balfour, the department told the band council it has gone beyond its bylaw-making ability and overstepped its jurisdiction.

He said he's puzzled by the department's stance.

"From a ... broader perspective, one could say that INAC actually supports violence and drug dealers in my community because they don't want to support my bylaw-making ability to deal with it locally, but I'm sure that's not their intent," Balfour said.

No one from INAC has returned calls requesting comment.