A Port Alberni man sentenced in 2018 to four years in prison for a violent assault on another man has applied to Huu-ay-aht First Nations to live on their treaty lands.
David Bird, 45, now on probation after serving his sentence, was convicted of attacking a man with a hammer. Bird was automatically excluded from Huu-ay-aht’s treaty settlement lands in accordance with their Community Safety Act, enshrined in the Maa-nulth treaty.
The Maa-nulth treaty went into effect on April 1, 2011. According to Huu-ay-aht Chief John Jack, the nation only recently implemented their Community Safety Act, which, as it is written today, automatically excludes individuals from their treaty settlement lands upon conviction of a violent crime due to “a risk to public safety”.
David Bird, while not a Huu-ay-aht citizen, has family connections in the community and has been in the village in the past. He is banned by court order from Port Alberni and Huu-ay-aht treaty lands.
His long criminal record, which includes acts of violence, has raised safety concerns among community members.
In the past 25 years, Bird has been in and out of court for breaches, trafficking in controlled substances, unlawful imprisonment, and assault with a weapon, including a 2014 attack where Bird shot a man in the leg with a shotgun. Bird pled guilty to the charge and the man was forced to have his wounded leg amputated.
In 2023 police were on the hunt for Bird, who was wanted for robbery, forcible confinement, break and enter and assault with a weapon.
“Police say Bird should be considered armed and dangerous – do not approach,” was the warning issued to the public by RCMP.
In April 2023, the Port Alberni RCMP closed off a section of Redford Street as a large police presence surrounded the Tyee Motel and escorted Bird out of one of the rooms.
Bird says he is now living homeless in Victoria. He has applied to the Huu-ay-aht government to vary their exclusion order, in effect allowing him to enter treaty lands. He has family living on treaty lands and hopes to move in with them.
The First Nation held a public hearing on the matter on Nov. 7. The hearing was chaired by Huu-ay-aht Ha’wilth Tommy Happynook, who was joined by Sherri Cook and Theresa Nookemus, fellow members of the Ha’wiih Council.
Happynook told the group that they were there to hear about the exclusion order against David Bird and to have the opportunity to ask questions. The hearing allows panelists to hear from not only the applicant, but also the victims of the crime and other concerned community members, whether they are Huu-ay-aht First Nation citizens or not.
Over the phone, Bird told the group that he was born in Tofino and was in and out of custody for most of his life, starting with petty crimes. More serious crimes came later, he said, but he didn’t elaborate.
He praised his mother and stated that he’s never been a bully.
“I always protected my younger siblings,” he said.
Bird said it was two years ago when he decided to change his life, and he became more involved with cultural activities. One of his favorite pastimes, he says, is beadwork.
He said he is proud that he did his time with zero incidences of institutional violence.
“I feel like I have made those changes. I never committed violence against innocents,” he said, before explaining that he didn’t initiate violence and only responded when attacked.
Since his release from prison, Bird says he’s living homeless in Victoria and is in touch with probation officers. He will be reporting to them for two more years. Other provisions of his probation order include counselling. Bird says he intends to follow through with that.
Bird says he collects disability and is not working. He meets weekly with a community transition team. Bird says he wants to help his family members with a new food truck business venture because “he owes it to them”.
When asked about criminal activity and breaches since his release, Bird admitted he got caught in a “red zone”. Bird is ordered not to be in Port Alberni or Bamfield. In November 2023 Bird was charged with breach and other crimes following an incident in Port Alberni.
At that time, a violent assault occurred in a downtown apartment building.
Bird explained that Halloween had just passed so he happened to have a few masks in his possession when he saw a couple of women attacking another woman in an apartment. He said he ran into the apartment donning a mask to rescue the woman being attacked. He was arrested for wearing the mask during the commission of a crime and unlawful enter of a home. He claims charges against him were eventually dropped.
When participants were allowed to ask questions during the hearing, one told the panel that Bird is also banned from Tseshaht reserves. The man wondered who would be held responsible if something bad happened, should he come to the Port Alberni area after being allowed on Huu-ay-aht Treaty Lands.
Happynook assured that provincial court orders will remain in effect and that HFN’s process does not supersede existing court orders.
“If he breaches in Port Alberni, it will be an RCMP matter,” said Happynook.
Bird acknowledged the court order preventing him from entering Port Alberni and said, if allowed to come to HFN treaty lands, he would have to take a back route on logging roads to avoid Port Alberni.
But that raised concerns about isolation and access to weapons. The home that Bird wants to go to has hunting rifles, he admitted, but he vowed that he wouldn’t touch them. Help from the RCMP would be more than an hour away, if needed.
When the hearing finished, Happynook thanked the participants and told Bird that he would be hearing from the panel soon.
“There are three possible outcomes from this hearing,” said Happynook.
One would be the removal of the exclusion order, which would mean Bird can come to live on Huu-ay-aht Treaty Lands. The second could be a modified exclusion order that would outline terms and conditions should Bird enter HFN treaty lands. The third possible outcome is to leave the exclusion order in place.
The Panel has 60 days to render a decision. Happynook said the Panel will deliberate and move quickly to send bird a written answer with reasons.
Sherri Cook informed HFN citizens and the public that they are welcome to write letters of concern to the panel any time and that any future public hearings would be posted.
“He has an extensive criminal background, and I appreciate that David Bird is trying to turn things around, but we take these things seriously,” she said.
Chief Jack says exclusion orders can remain in place for five years and that they are enforceable by the RCMP.
“We haven’t had to have the RCMP attend so far,” said Jack, noting that Huu-ay-aht laws are as applicable as provincial laws.
He said that work on his nation’s Community Safety Act continues, as his people work on developing proposed laws around things like illicit drugs on treaty settlement lands. A special assembly will be held in spring 2025 on the subject.
