BY-LAW NO. 001 of the Mitaanjigamiing First Nation Being a By-Law for the Removal and Punishment of Persons (Giimochi biindige) Trespassing or Frequenting the Reserve for Prohibited Purposes WHEREAS the Council of the Mitaanjigamiing First Nation desires to establish a By-Law to provide for the removal and punishment of persons trespassing on the reserve or frequenting the reserve for prohibited purposes; AND WHEREAS the Council of the Mitaanjigamiing First Nation is empowered to make such ByLaw, and any matter ancillary thereto pursuant to paragraphs 81(1)(p), (q) and (r) of the Indian Act, R.S.C. 1985, c. 1-5; AND WHEREAS it is deemed to be expedient and necessary, for the benefit, comfort and safety of the inhabitants of the Mitaanjigamiing First Nation reserve, to provide for the removal and punishment of persons trespassing on the reserve or frequenting the reserve for prohibited purposes; NOW THEREFORE the Council of the Mitaanjigamiing Nation hereby makes the following ByLaw: Short title 1. This By-Law may be cited as "Mitaanjigamiing First Nation Removal of Trespassers By-Law".
Interpretation 2. In this By-Law, "Council" means the Chief and Council (Gagakinawadaginzowad) of the Mitaanjigamiing First Nation; "officer" means any police officer, By-Law Officer, police constable, special constable or other person charged with the duty to preserve and maintain the public peace, and any person appointed or contracted by the Council for the purpose of maintaining law and order on the reserve; "reserve" means the reserves of the Mitaanjigamiing First Nation and includes the Mitaanjigamiing Indian Reserve Agency 1 and Rainy Lake 18C, and any other reserve lands under the authority of Council; "trespass" means the entry onto, or the presence on, the reserve by a person without lawful justification. Prohibited Purposes 3.1 Any person, other than a person referred to in subsection (2), who without authorization from the Council, conducts on the reserve any of the following activities including, but not limited to: a) hunting, fishing or trapping; b) hawking or peddling of wares or merchandise; c) loitering; d) squatting; e) soliciting financial assistance; f) disorderly conduct; g) unauthorized disposal of waste; h) Illegal or unauthorized activity shall be deemed to be frequenting the reserve for a prohibited purpose. 3.2 Subsection (1) does not apply to: a) a person who is a lawful resident of the reserve in accordance with the Mitaanjigamiing Residency By-law; or b) a person who, pursuant to any duly enacted By-Law of the Mitaanjigamiing Nation, holds a valid license or permit to conduct any activity referred to therein or is otherwise permitted to conduct that activity.
3.3 An officer may order any person who trespasses on the reserve or who frequents the reserve for a prohibited purpose to leave the reserve immediately. 3.4 Where a person who has been ordered by Council to leave the reserve fails or refuses to do so, an officer may take such reasonable measures as may be necessary to remove the person from the reserve. 3.5 A person who fails or refuses to comply with an order made under subsection (1) to leave the reserve or shall resist or interfere with an officer acting under subsection (2) commits an offence. 3.6 Anyone who assists or harbours a person who has been ordered to be removed from Mitaanjigamiing commits an offence. Penalty 4. A person who violates any provision of this By-Law commits an offence and is liable on summary conviction to a fine not exceeding $1,000.00 or to imprisonment for a term not exceeding thirty days, or to both. 5. This By-Law shall come into force upon it being first published pursuant to subsection 86(1) of the Indian Act. This By-Law is hereby made at a duly convened meeting of the Council of the Mitaanjigamiing First Nation this 10th day of August, 2018. Voting in favour of the By-Law are the following members of the Council: Chief Janice Henderson Councillor Darlene Whitecrow Councillor Roy Morrison being the majority of those members of the Council of the Mitaanjigaaming First Nation present at the aforesaid meeting of the Council. The quorum of the Council is two (2) members.
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