Part II - Enacted First Nations Legislation

Decision Information

Decision Content

V Black Lake First Nation Elections Law and Order Ordinance By-law # 97-10-10 W H ER EAS the Black Lake First Nation has, among other law making powers, the power to enact bylaws pursuant to section 81(1) of the Indian Act. AND W H ER EA S section 81(1)(c), (d), (h), (p), (q), and (r) empowers the Black Lake First Nation Band Council to make bylaws for among other things, the following: the observance of law and order (section 81 (1 )(c)); prevention of disorderly conduct and nuisances (section 81 (1 )(d)); the regulation of the use Of buifdings, whether owned by the Band or by individual members of the Band (section 81(1)(h)); the removal and punishment of persons frequenting the Reserve for prohibited purposes (section 81(1)(p)); to exercise powers with respect to any matter arising out of or is ancillary to the exercise of powers given above (section 81(1)(r)); and the imposition of fines and imprisonment (section 81 (1 )(r» . AND W H ER EA S the Black Lake First Nation has the power to seek restraining orders pursuant to its Bylaws (section 81(2)). AN D W H ER EA S The Black Lake First Nation has the power to seek restraining orders by independent Court action (section 81 (3)). NOW TH E R E F O R E the Council of the Black Lake First Nation enacts as a bylaw the following: S H O R T T IT L E 9 / 2 ' d 6 0 2 8 ' ° N N O m N I V d l N l f ) H I MON W H S f : I f l f i nz 7 7 Q9 ^
V ' 'A H ^ 1. A This Bylaw may be cited as the Elections Law and Order Ordinance. DEFINITIONS 2. In this Bylaw, unless the context otherwise requires: 2.1 "Band means the Black Lake Band of Indians. 2.2 Band Council means the Chief and Council of the Black Lake First Nation. 2.3 Bylaw5 means this law including any amendment thereto. 2.4 Election Act" is a reference to the Black Lake Denesuline First Nation Election Act as amended from time to time. 2.5 Denesuline First Nation is a reference to the Black Lake First Nation. 2.6 First Nation" means the Black Lake Indian Band as the context requires. 2.7 Minister means the Minister of Indian Affairs and Northern Development”. 2.8 Person" means any person who is within the boundaries of the Black Lake Reserve No. 224, No. 225, and No. 226. 2.9 Reserve or Indian Reserve means the tract of land legal Title to which is vested in Her Majesty the Queen that Has been set apart for the use and benefits of the Black Lake First Nation Band and known as the Black Lake Indian Reserves No. 224, No. 225, and No. 226 together with such other lands that are constituted as a Reserve under S.36 of the Indian Act-2.10 this Law means a reference to this Bylaw. 3. This Law shall apply to the Black Lake Indian Reserve No. 224, No. 225, and No. 226. 4. For no person shall directly or indirectly interfere with an election conducted under the Election Act and without limiting the foregoing. 5. No person shall interfere with an election conducted under the Election Act and limiting the foregoing: 5.1 No person shall interfere or impede on an electoral officer in the performance of any of his/her obligations or duties under the Election Act. 5.2 No person shall call or purport to call an election or conduct or purport to call an election or nomination meeting other than in accordance and pursuant to the Election Act, 5.3 No person shall attempt to remove a Chief or Councillor from office except in accordance with the provisions of the Election Act. 9 / 8 ' d 6028 NO i 1 V H I N 9 0 H I NOW l A U f i P : I n n n 7 7 7 a b _i
6. No person, except with the JSS&rization and approval of: 6.1 the Band Administrator: or 6.2 and electoral officer (July appointed under the Election Act shall post or cause to be posted in any public place, facility, or building on the Reserve any notices or announcement calling or purporting to call for nominations under the Election Act except in accordance with paragraph 6 of this Bylaw. 7. No person shall post or attempt to post any notices or announcements pursuant to the Election Act unless there is endorsed thereon an authorization to the following effect: TH IS N O TIC E IS A U TH O R IZED BY T H E B U C K U K E D EN ESULIN E FIR S T N ATIO N ELEC TIO N A C T Band Administrator Electoral Officer 8. Any notice of announcement posted other than in accordance with this law and any such notice or announcement may be removed by the Band Administrator, Electoral Officer, a member of the Band Council, Band Security Personal, or a member of the RCMP. 9. Any person or groups of persons who assist or abet anyone or any person in a contravention of this bylaw shall be deemed to have committed a violation under this bylaw. P EN A LTY 10. Any person who violates any other provisions of the bylaw shall be guilty of an offence and shall be liable in summary conviction to a fine not exceeding one thousand dollars ($1 000.00) or imprisonment not exceeding thirty (30) days or both fine or imprisonment 11. Where a person is convicted under an offence under this bylaw, and addition to any other penalty imposed by this bylaw, such contravention may be restrained by the Court at the instance of the Band Council. 9 / t ' d 6 0 2 8 ' O N N 0 I D 3 H I V H I N ^ O H I H O M WH f t R : I n f i n z z z q 0-i
THIS B YLA W IS H E R E B Y approved and passed at a duly convened meeting of the Council of the Black Lake Denesuline First Nation this 3 / day of $ (& 2 & > D Voting in favour of the bylaw are the following members of£ouncil (Member of Council) being the majority of those members of the Council of the Black Lake Denesuline First Nation Band Council present at the aforesaid meeting of the Council. The quorum of the Council is 4 members. Number of members of the Council present at the meeting: 5 ^ 9 / 5 d 6 0 2 8 ' o N O 1 9 3 H I V H J N I O HI H O N * pr iA T ember of Council) (Member of Council) W d f t f ! : i n n n 7 ae - i
J, Edwin Boneleye Chief of the Indian Band, so hereby certify that a true copy of the foregoing bylaw was mailed to the Minister of Indian Affairs and Northern Development at the District/Region/Hul! offices (agjthe case may be) pursuant of subsection 82(1) of the Indian A sL this ^ day of J Chief 9 / 9 ' d 6 0 2 8 0 N ~ Witness N 0 I 9 3 H l V H I h m H I M N WHftP: l n n n 7 77 a 8 -i
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