I* Jndian and Northern Affaires indiennes Affairs Canada et du Nord Canada Indian and Inuit Affairs Affaires indiennes et inuit BAND COUNCIL RESOLUTION RÉSOLUTION DE CONSEIL DE BANDE NOTE The words From our Band Funds" "Cap ita l" or "Revenue", whichever is the case, must appear in all resolutions requesting expenditures from Band Funds N O T A : Les mots "des tonds de notre bande '*C a p ita l" ou revenu" selon le cas doivent paraître dans toutes tes résolutions portant sur des dépenses à même les tonds des bandes THE COUNCIL OF THE LE CONSEIL DE LA BANDE INDIENNE P o p l a r H i l l B a n d AGENCY DISTRICT S iOUX L o o k o u t p r o v in c e O n t a r i o PLACE NOM DE L 'END RO IT r , _ _ i _ _ TT_. -, -i rv _____ . r u p i a r u i r u 3 . r i o ■ ............... ...... l ^ D A Y - JO U R ~ MONTH - ^ (5 / DO HEREBY RESOLVE: DECIDE, P A R LES PRESENTES: It was the will of the people of Poplar Hill on / c ' s ' , 1988 and it is still the will of the people of Poplar Hill that the Chief and Council of Poplar Hill, Ontario First Nations re-passed and approved the attached by-law 85-1 prohibiting the use and possession of intoxicants. A quorum for this Bande Pour ceffe bande le quorum est consists of fixé à 'OMQJHfct S,GNED Council Members BY Membres du Conseil (Chief - Chef) J o/■Z-" d /<rW sc-(Councillor — c o n s e ille r ) (Councillor — c o n s e ille r ) (Councillor — c o n s e ille r ) (Councillor — co n s e ille r ) ( C o u n c i l l o r — c o n s e ille r ) (Councillor — c o n s e ille r ) (Councillor — c o n s e il le r ) (Councillor — c o n s e ille r ) F O R D E P A R T M E N T A L U S E O N L Y - RÉSERV É AU MINISTERE 1, Band Fund Code 2. COMPUTER BALANCES - S O LD E S D 'O R D IN A T E U R ■ Code du com pte B. Revenue — Revenu | de bande A. Capital i $ $ 6. R ecom m en d ed — Recom m endable I Date Recommending Officer — Recom mandé par IA 135 (5-79) 7530-21-023-4662Chronological No. — Numéro con sécu tif / 3 . File Reference - N ° de Ve'/, du d oss ier Current Capital Balance Solde de capital J Committed — EnAaûê & Current Revenue balance r\1 tie* fAi/Aftii Ï Committed — Enftaûé $ Y l Ë & - A N N É E CcRTIBED TRUE COPY (Councillor — c o n s e ille r ) (Councillor — C onse ille r) (Councillor — c o n s e ille r ) (Councillor — c o n s e ille r ) 3* Expenditure 4* Authority — A u to r ité 5• Source of Funds Dépenses Indian Act Sec Source des tonds A rt, de la L o i sur les i—I ** . . . I— 1 Revenue $ Indiens 1 f — l 1 Capital M 1—1 R « evenu Approved — Approuva b is Date Approving Officer — Approuvé par
Draft by-law on intoxicant Abuse By-law No. 1 dated February 18, 1988 at Poplar Hill Band Office By-law No 1 The Poplar Hill Band of Indians Being a By-law respecting intoxication and the use of intoxicants on the Poplar Hill Reserveç-being the Poplar Hill Band of Indians. Whereas, subsection 85.1(1) of the Indian Act R.S.C. 1970, chapter 1-6 (as amended), empowers the Council of the Poplar Hill Band to make By-laws respecting intoxication and the use of intoxicants on the Reserve of the Poplar Hill Band, and Whereas, pusuant to subsection 85.1 (2) of the Indian Act , the form and substance of the by-law set out below were assented to by a majority of the electors of the Poplar Hill Band who voted at a special meeting of the Band on the //; day of 1988, called by the Council of the Poplar Hill Band for the purpose of considering the said by-law, and Whereas, the Council of the Poplar Hill Band considers necessary special measures for the protection of the citizens of the Reserve of the Poplar Hill Band from the presence of intoxicants; Dcpt OF IND'AN NORTHERN Page 1 F * , D n E w V a E o .U P . Mtfrt . F£B 2® 5988 * - *7 SiOUX U O K O ^ > - *
Page 2.. Now, therefore, pursuant to Section 85.1 of the Indian Act , the Council of the Poplar Hill Band enacts as a By-law thereof as follows] 1. In this By-law " intoxicant” means "intoxicant” as is defined under subsection 2(1) of the Indian Act , and for greater certainty and without altering the meanin of "intoxicant", it shall be deemed to include the following preparations and mixtures capable of human consumption that are intoxicating: 1) glue and the vapours thereof, 2) "Lysol" and other similar cleaning products and the vapours thereof, and 3) gasoline and gasoline-based products amd the vapours thereof; "tourist" means a person not normally resident on the Reserve of the Poplar Hill Band who is travelling for recreation, pleasure or culture and who is a guest of one of the tourist camps operated by the Poplar Hill Band on and off the Reserve of the Poplar Hill Band. 2. A person who sells, barters, supplies or manufactures an intoxi cant on the Reserve of the Poplar Hill Band is guilty of an offence and is liable on summary conviction to the penalty described in paragraph 85.1 (4) (a of the Indian Act , namely a fine of not more than one thousand dollars or imprisonment for a term not exceeding six months. , or both.
Page 3 . . . 3. A person who is found a) with intoxicants in his possession or b) intoxicated on the Reserve of Poplar Hill Band, is guilty of an offence and is liable on summary conviction to the penalty described in paragraph 85.1 (4) (b) of the Indian Act , namely a fine of not more than one hundred dollars or imprisonment for a term not exceeding three months or both. 4. No offence is committed against this by-law where the intoxicant is used or intended to be used a) in cases of sickness or accident b) for domestic or commercial purposes that not involve human consumption, or c) in the form of sacramental wine by a recognized Church. 5. 1) No offence is committed against subparagraph 3 (a) of this by-law if the person in possession is a tourist transporting the intoxicant in an unopened state across the reserve to a destination beyond the reserve boundary, 2) in the cases of a tourist described in subsection (1) who must sojourn on the reserve overnightor for afew days in order to avoid bad weather, in order to gather supplies or for any other valid purposes, he shall deliver the intoxicants in his possession as soon as is reasonably possible to a special constable, band constable, any other authorized peace officer or any other person designated by the Band Council Resolution the person in possession of the intoxicant is guilty of an offence under sub-paragraph 3 (a) of this by-law.
page 4 6• (1) Every person coming into the reserve of the Poplar Hill Band shall,at that time, if requested by a special constable, Band constable or any other authorized Peace officer, declare whether or not he has in his possession any intoxicant, whether on his person or in his luggage bags, packages or other containers that he is bringing onto the reserve. (2) following a declaration or a failure to declare under subsection (1) a special constable, Band constable or any other peace officer who believes, on reasonable grounds, that there is any person contravening Sections 2 or 3 of this by-law a) detain that person for a period of time sufficient to conduct a search for any intoxicant, and containers b) detain the luggage, bags, packages or other containers that person is bringing onto the Reserve for a period of time sufficient to apply for a search warrant under section 103 of the Indian act and for a period of time sufficient to execute any warrant issued by a Justice of the Peace under Section 103.
Page 5 . . . 3) the name of every person who fails to declare under subsection(l) shall be reported tp the Council of the Poplar Hill Band by a special constable, band constable or any other Peace officer. Approved and passed at a duly convened meeting of the Council of the Poplar Hill Band of Indians on the 1988. Head Counsillor: J & t f Councillor: ^ Cr ( /:■ , -, t O : u-
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