: kfcJHPI DIRND MEADOW LPKE P.5 THE JOSEPH BIGHEAD BAND OF INDIANS By-law 85.1 Intoxicants Is1995 Being a by-law to provide prohibition of the use of intoxicants on the Joseph Bighead Reserve w h e r e a s Section 85.1 of the Indian Act empowers the council of a Band of Indians to make a by-law respecting the prohibition of the use of intoxicants on its reserve; WHEREAS in the negotiations entered into prior to tjie signing of the treaties, both the Commissioners respecting Her Majesty the Queen, and the Chiefs representing the Indian 4 nations, as evidenced by oral history and the Commissioners* reports, it was understood that the use of intoxicants would be prohibited on the reserves being set aside for the use and the benefit of the Indian people; WHEREAS according to the terms of the treaties, the Chiefs rs'presenting the Indian people agreed to maintain peace and good order between each other; Tf WHEREAS by Section 25 of the Constitution Act, 1982, the guarantees in the Charter of Rights and Freedom shall not be construed so as to abrogate or derogate from arty aboriginal ( treaty or other rights or freedoms that pertain to the aboriginal people of Canada; t desirous of preserving the treaty rights of maintaining peace and good order between each other, including the prohibition of the use of intoxicants on the reserve; t
P.6 03:03PM DIAND MEADOW LAKE TH B E y-J l O a S w E PH 8 5. B 1 I GH I E n A t D o x B i A c N an D t s O P 1: I 1 N 9 D 9 I 5 ANS AND WHEREAS it is deemed to be expedient to prohibit the use intoxicants on this reserve for the safety and welfare of the « rf5.be r s ; NOW THEREFORE the Council of the Joseph Bighead Band of Indians hereby enacts as a by-law thereof as follows; !. In this by-law .a) "Intoxicants" includes alcohol, spirituous, vinous, fermented malt, or other intoxicating liquor, or a combination of liquors and mixed liquor, a part of which is spirituous, vinous, fermented or otherwise intoxicating, and all drinks or drinkable liquids and all preparations or" mixtures capable of human consumption that are intoxicating; ft) intoxication means the state of being intoxicated by intoxicants, that is drunkenness or inebriety, or the mental and physical condition inducted by drinking excessive * quantities of alcoholic liquors,U ) 'reserve" mesons all those tracts of land, the legal title of which is vested in Her Majesty, that hasj been set apart for the use and benefit of the Joseph Bighead Band of Indians and known as the Joseph Bighead Reserve; : 2 No person shall, sell, barter, supply or manufacture ^ intoxicants on this reserve of the Joseph Bighead Band, and every person who, in contravention of any provision of thisA by-law sells, barters, supplies or manufacturers intoxicants on this reserve of the Joseph Bighead Band is guilty of an offence and liable on summary conviction to a fine of not j more than One Thousand Dollars or to imprisonment for a term not, exceeding six months or to both. I /
03:04PM DIAND MEADOW LAKE P.7 w i THE JOSEPH BIGHEAD BAND OF INDIANS By-law 85.1 Intoxicants 1:1995 3 o N f o t p h e e r son shall have intoxicants in his possession on this reserve Joseph Bighead Band, and every person who, in contravention of a r n e y s er p v r e o vision of this by-law has intoxicants in his possession on this on of the Joseph Bighead Band is guilty of an offence and liable summary conviction to a fine of not more than One Hundred Dollars or to imprisonment for a term not exceeding three months or to both. Approved at a special meeting of Electorate of the Joseph Bighead Band of Indians this -/v a s t' day of n r W s t __________, 19 <?r. M°VED: CR o SS _Qchi&LJbAf ______________ SECONDED BY: I V , ________________ j IN FAVOUR: f Y n ^ ) q -__________ J» OPPOSED: rs intox Be i ca i n t ts k nown that this by-law entitled.Joseph Bighead Band by-law 85.1 is hereby enacted as;by-law No. 1:1995 by the Council of the Jrs&pn Bighead Band of Indians at a duly convened meeting of the said Council held on the Jk&sj,.. day of i V W f e ________ » MOVED: ___________________ j SECONDED B Y pdf___________ iN FAVOUR: O i l ^ Fa.lcfc____________ L _ [ OPPOSED: y\bAj.__________________________ f l i
v , MP.R 03 ”95 03:04PM DIRMD MEPlDON LAKE THE JOSEPH BIGHEAD BAND OF INDIANS By-law 85.1 Intoxicants 1:1995 it Ci'iief /I Councillor :illor Counci .'.lor • vie.’. I lor P.8 f Witness 2: r rfTît-. I Witness Witness Witness Witness 4 l
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