A former elected chief and current Wet'suwet'en Hereditary Chief has returned to court in Penticton over the order barring him from residing in his community following a conviction for multiple sexual assaults in 1995. 

Stanley George Nikal appeared in Provincial Court in Penticton, where he currently resides, for the first two days of a six-day trial on whether he should remain under a Section 810.2 peace bond, barring him from residing within 50 kilometres of the town of Witset (formerly Moricetown) in Northern B.C. where the offences took place. 

Under the Canadian Criminal Code, Section 810.2 states that where there are fears that a person may commit a serious offence they can be brought before a provincial court judge. 

Since his release from jail in 2002, Nikal has been under probation, bail conditions or an 810.2 peace bond which have barred him from contacting any of the victims or witnesses as well as from residing within 50 kilometres of his home community.

In 2014, he appealed the issuance of the court order, which was upheld in 2016 by the BC Court of Appeal, that found the judge in the case had not failed to explain their reasoning for properly considering the evidence that was presented.

The most recent order was made in 2018 to again extend the restrictions on Nikal. 

The reasons for the current trial are much the same as in previous applications; as Crown put it, Nikal has refused to engage with any programs or assessments which has prevented a proper assessment of how much of a risk he poses. He also continues to maintain the original criminal case was entirely a conspiracy and that the allegations were fabricated by political opponents. 

In 1995, Nikal was found guilty following a trial by jury for assaulting four young women between the ages of 10 and 18 between 1966 and 1988. On appeal, he was able to reduce his jail sentence from 12 years to nine. 

At the 1995 trial, and during appeal, he claimed the victims lied as part of a political conspiracy to force Nikal out of power. No evidence of such a conspiracy was found or accepted by the court or jury. 

Just two years before the trial, Nikal finished his sixth year as elected chief of the Witset First Nation. He is also the Hereditary Chief of his clan, the court heard, which is part of the concern behind the continued requests for 810.2 peace bonds. 

According to the 2016 appeal decision, the band council also passed a resolution opposing his return to the community.

The first witnesses to testify in Penticton during May 13 and 14, were probation officers who managed Nikal's case in the past and at present. 

The court heard that the inability to properly assess Nikal's risk, with his unwillingness to participate in any intake programs that would help uncover any internal factors or narrow who might be a potential victim should he re-offend, he had a medium risk of recidivism in general with particular concern should he return to the community where his family still holds sway. 

The court also heard that his probation officers had given him leave to have brief visits to the community, the longest period being a month, during which he was required to check in. 

Further testimony is expected to include the Indigenous Police Services officer who covers Witset and the psychiatrist assigned to Nikal's case through Corrections Canada. 

The remaining trial days are scheduled to take place in June and July, in order to accommodate the availability of the testifying witnesses.