t e J U û r 1+1 Indian and Northern Affaires indiennes n I Affairs Canada et du Nord Canada O °\ j | 0 ~ ^ ̂ &• Le i5 - ‘-W5<2 Chronological no. 1780 BAND COUNCIL RESOLUTION File reference no. NOTE: B R a a n n d r F tF u ^ n r d t s ”̂ . 0" 10Ur Ba" d FundsH "capi,al" or “revenue", whichever is the case, must appear in all resolutions requesting expenditures from Cash free balance The council of the FIRST NATION Capital account $ | Date of duly convened meeting (YYYY-MM-DD) Province Revenue account $ j 2 0 0 9 -0 6 -0 9 ONTARIO DO HEREBY RESOLVE: PAGE 1 of 9 WHEREAS by Band Council of Naotkamegwanning First Nation has the authority to make by-laws under the Indian Acts R.S., c 1-6, s. 1.81 (1) (c), (d), (q) and (r) for the observance of law and order, the prevention of disorderly conduct, matters ancillary thereto, and a penalty for the violation thereof; WHEREAS by Band Council of Naotkamegwanning is of the opinion that children and adolescents should not remain unattended and without adult supervision in public places during the evenings, for maintenance of law and order and for the welfare and safety of the youth and the Reserve Community; THEREFORE the Band Council of Naotkamegwanning First Nation hereby enacts this by-law as follows: Purpose 1. The purpose of this by-law is to provide for the regulation of the activities of children and (Chief) (Councillor) (Councillor) (Councillor) (Councillor) (Councillor) (Councillor) (Councillor) (Councillor) (Councillor) FOR DEPARTMENTAL USE ONLY Expenditure Authority Source of funds Expenditure Authority Source of funds (Indian Act Section) (Indian Act Section) ( ) Capital 0 Capital ( ) Revenue 0 Revenue Recommending officer Recommending officer Signature Date Signature Date Approving officer - Approuvé par Approving officer Signature ^ ate Signature Date INTER 80-005 E 2007-03-01 Canada
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M Indian and Northern Affaires indiennes Affairs Canada et du Nord Canada Chronological no. BAND COUNCIL RESOLUTION File reference no. NOTE: The words “from our Band Funds” "capital" or “revenue”, whichever is the case, must appear in all resolutions requesting expenditures from Band Funds. Cash free balance ! The council of the Capital account $ 1 Date of duly convened meeting (YYYY-MM-DD) Province Revenue account $ DO HEREBY RESOLVE: PAGE 2 of 9 "Adolescent" means any person who has attained 12 years of age and is younger that 16 years of age; (i.e.) 12,13,14 or 15 years old) "adult" means a person who has attained the age of 18 or a "parent"; "child" mean any person who is younger than 12 years old of age; "community" means the entire boundary of Whitefish Bay 32A Indian Reserve; "Disturbing the peace" means in contravention of community rules regarding appropriate conduct; "entertainment" means school and community sponsored or organized events and functions; "guardian" means school and adult with legal responsibility for the child or adolescent and includes foster parents or caregivers; "non-school night" means a night which immediately proceeds a day that is not a scheduled school day. Quorum .. -.. -.... -......... -....—■....... ....... (Chief) (Councillor) (Councillor) (Councillor) (Councillor) (Councillor) (Councillor) (Councillor) (Councillor) (Councillor) FOR DEPARTMEINTAL USE ONLY Expenditure ! Authority j Source of funds Expenditure Authority Source of funds I (Indian Act Section) (Indian Act Section) I ( ) Capital (~) Capital I ( ) Revenue Ç) Revenue Recommending officer Recommending officer Signature Date Signature Date Approving officer - Approuvé par Approving officer Signature Date Signature Date INTER 80-005 E 2007-03-01 Canada
■ Indian and Northern Affaires indiennes ■ Affairs Canada et du Nord Canada | Chronological no. BAND COUNCIL RESOLUTION File reference no. NOTE: B^ndTunds"0"1 ^ "revenue"' whichever is the case, must appear in all resolutions requesting expenditures from r - . . - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ _ _ _ _ _ Cash free balance - - - - - - -iThe council of the i Capital account $ i. . . . . . ... - . . . . . . . — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I Date of duly convened meeting (YYYY-MM-DD) Province Revenue account $ [- - - - - - - - - - - - - - - - - - - - . . . . . . . . . . . . . . . . . . -. . . . . . - . . . . . . . . - . . . - . - . . . . - . - . . - . . . . . . . . . . . . . . . . . . . . By Law- 2008-02 "parent" means both biological and legal parents, foster parents and grandparents who at the time in question are actively involved in, or responsible for, supervising a child, adolescent or young adult; "place of safety" means youth's residence when a parent is present, a licensed foster home, a licensed group home a police station or supervised nursing station. "prohibited hours" means on a school night the hours between 10:00pm and 6:00am and on a non school night" the hours between 11:00pm and 6:00am. "public place" means the property located outside of a 10 metre radius from the home in which the home in which the person is ordinary resident. "public place" means the property located outside of a radius from the home in which the person is ordinarily resident" "school night" means a night which immediately precedes a scheduled school day. Quorum . ................ ........... ............... (Chief) (Councillor) (Councillor) (Councillor) (Councillor) (Councillor) (Councillor) (Councillor) (Councillor) (Councillor) FOR DEPARTMENTAL USE ONLY Expenditure ; Authority j Source of funds Expenditure Authority Source of funds | (Indian Act Section) (Indian Act Section) i Q Capital Q Capital j C ) Revenue ( 3 Revenue Recommending officer Recommending officer Signature Date Signature Date Approving officer - Approuvé par Approving officer Date Signature Date Signature I N INTER 80-005 E 2007-03-01 Canada
Indian and Northern Affaires indiennes i t i Affairs Canada et du Nord Canada Chronological no. BAND COUNCIL RESOLUTION File reference no. NOTE: The words "from our Band Funds" "capital" or "revenue", whichever is the case, must appear in all resolutions requesting expenditures from Band Funds. _____________________ Cash free balance The council of the Capital account $ Date of duly convened meeting (YYYY-MM-DD) Province Revenue account $ DO HEREBY RESOLVE: PAGE 4 of 9 "young adult "means a person who has attained the age of 16 years of age and is less than 18 years of age) (i.e. 16 or 17 years old). "young adult prohibited hours" means on a "school night" the hours between 11:00pm and 6:00 am and on a "non-school night" the hours between 12:00 am and 6:00 am Prohibited 4. a) No adolescent or child shall be in a public anywhere within the community during the prohibited hours unless accompanied by their own parent or guardian. b) No young shall be in a public place anywhere within the community during the young adult prohibited hours unless accompanied by their parent or guardian. 5. An individual failing to comply with the terms of this By-law will be deemed to be "disturbing the peace" and Police Officers may take appropriate action. Q uorum ___ ______________________ ____________________ (Chief) (Councillor) (Councillor) (Councillor) (Councillor) (Councillor) (Councillor) (Councillor) (Councillor) (Councillor) FOR DEPARTMEINTAL USE ONLY Expenditure Authority Source of funds Expenditure Authority Source of funds (Indian Act Section) 0 (Indian Act Section) Capital 0 Capital 0 Revenue 0 Revenue Recommending officer Recommending officer Signature Date Signature Date Approving officer - Approuvé par Approving officer Signature Date Signature Date INTER 80-005 E 2007-03-01 Canada
Indian and Northern Affaires indiennes i + i Affairs Canada et du Nord Canada Chronological no. BAND COUNCIL RESOLUTION File reference no. NOTE: The words "from our Band Funds" "capital" or "revenue", whichever is the case, must appear in all resolutions requesting expenditures from Band Funds. Cash free balance The council of the Capital account $ Date of duly convened meeting (YYYY-MM-DD) Province Revenue account $ DO HEREBY RESOLVE: PAGE 5 of 9 Exceptions 6. The Band Council may authorize by resolution or declaration, exceptions to the prohibition. 7. Children or adolescents or young adults participating, with the prior knowledge and approval of their parents or guardians, in entertainment that is supervised by an adult are not committed an offence under this by-law. Powers of the Peace Officer 1. (1) A peace officer who finds a child who is, or in the absence of evidence to the contrary, appears to be under the age of 13, in a public place during the prohibited hours contrary to section 4, shall give the child a warning and arrange to have such person escorted to their own residence or a place of safety. By-Law 2008-02 - Respecting a Curfew for Youth (2) A peace officer who finds an adolescent who is, or in the absence of evidence to the contrary, appears to be over the age 12 and is less than the age of 16 in a public place during the prohibited hours contrary, appears to be over the age of 12 and less then the age of 16 in a public place during the prohibited hours contrary to Section 4, may give the adolescent a warning and have such person escorted to their own residence or a place of safety. Quorum (Chief) (Councillor) (Councillor) (Councillor) (Councillor) (Councillor) (Councillor) (Councillor) (Councillor) (Councillor) FOR DEPARTMEINTAL USE ONLY Expenditure Authority Source of funds Expenditure Authority Source of funds (Indian Act Section) Q (Indian Act Section) Capital 0 Capital 0 Revenue 0 Revenue Recommending officesr Recommending officer Signature Date Signature Date Approving officer - Approuvé par Approving officer Date Signature Date Signature ^ îi+l INTER 80-005 E 2007-03-01 Canada
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I q A p I ' Indian and Northern Affaires indiennes ■ ~ ■ Affairs Canada et du Nord Canada BAND COUNCIL RESOLUTION NOTE: The words “from our Band Funds" “capital" Band Funds. or revenue , whichever is the case, must appear in all resolutions requesting expenditures from -... ................. .. ...... ..... .. ....... . !The council of the j Date of duly convened meeting (YYYY-MM-DD) Province DO HEREBY RESOLVE: PAGE 6 of 9 (3) A peace officer who finds an young adult who is, or in the absent of evidence to the contrary, appears to be over the age of 15 and less than the age of 18 in a public place during the prohibited hours contrary to section 4, may give the adolescent a warning and have such person escorted to their own residence or a place of safety. (3) A copy of any warning issued under subsection 8(1) or 8(2) shall be delivered to the child or adolescent's parent or guardian. Meeting with Parents 9. (1) If a child or adolescent disregards the peace officer's warning or is found by a peace officer to be disobeying this by-law a second time within a period of thirty (30) days, the child or adolescent and the parent(s) of such child or adolescent may be directed, by resolution of the council, to meet and discuss such by-law infraction with the council or anyone appointed by the council through a Band Council Resolution for that Purpose. (2) A copy of the resolution of Council referred to in subsection 5 (1) shall be delivered by hand to the child's or adolescent's parent(s) not less than (7) full days prior to the proposed meeting. Quorum (Chief) (Councillor) (Councillor) (Councillor) (Councillor) (Councillor) (Councillor) FOR DEPARTMENTAL USE ONLY Expenditure Authority Source of funds Expenditure (Indian Act Section) ) Capital ) Revenue Recommending officer Recommending officer Signature Date Approving officer - Approuvé par Approving officer Date Signature INTER 80-005 E 2007-03-011 I Chronological no. ! | File reference no. .... Cash free balance Capital account $ | Revenue account $ (Councillor) (Councillor) (Councillor) i Authority j Source of funds j (Indian Act Section) ! (") Capital ! j O Revenue i Signature Date Signature Date J M
tadian and Northern Affaires indiennes ■ T ■ Affairs Canada el du Nord Canada BAND COUNCIL RESOLUTION The words “from our Band Funds” “capital" or "revenue”, whichever is the Band Funds case, must appear in all resolutions requesting expenditures from : The council of the i Dale of duly convened meeting (YYYY-MM-DD) Province DO HEREBY RESOLVE: PAGE 7 of 9 Offence 10 (1) After meeting with the Band Council or any other person appointed by the Band Council, a parent who permits a child under the age 12 to be in any public place during the prohibited hours, contrary to section 4, commits an offence. (2) After meeting with the band Council or any other person appointed by the Band Council, an adolescent who is found to be any public place during the prohibited hours, contrary to section 4, commits an offence. (3) A Young Adult who is found in a public place, contrary to section 4, commits to an offence. (4) Any parent, young adult, or youth who fails to attend a meeting scheduled pursuant to section 9, commits an offense. Penalty 11. Any person who contravenes any of the provisions of this by-law is guilty of an offence and is liable on summary conviction to a fine of more than $300 or to imprisonment. Quorum (Chief) (Councillor) (Councillor) (Councillor) (Councillor) (Councillor) (Councillor) FOR DEPARTMENTAL USE ONLY Expenditure Authority Source of funds Expenditure (Indian Act Section) ) Capital ) Revenue Recommending officer Recommending officer Date Signature Approving officer - Approuvé par Approving officer Signature Date INTER 80-005 E 2007-03-01 ! Chronological no. [File reference no. Cash free balance Capital account $ Revenue account $ (Councillor) (Councillor) (Councillor) j Authority Source of funds | (Indian Act Section) j f ) Capital i ! (~) Revenue i ___________i Signature Date Date Signature Canad ll+ a l
1*1 Indian and Northern Affaires indiennes Affairs Canada et du Nord Canada | Chronological no. BAND COUNCIL RESOLUTION File reference no. The words “from our Band Funds” “capital” or “revenue", whichever is the Band Funds. case, must appear in all resolutions requesting expenditures from ̂The council of the Cash free balance Capital account $ : Date of duly convened meeting (YYYY-MM-DD) Province Revenue account $ DO HEREBY RESOLVE: PAGE 8 of 9 12. The Elders Council or Tribal established as part of an Alternative Justice Program will consider and imposed an appropriate sentence which may include, but are limited to; a) Requiring the accused person to apologize to individuals or the broader community for any wrong doing in person or in writing; b) Requiring the accused person to consult, over the course of a reasonable time frame, with a professional counsellor; c) Requiring the accused person to do community service work or pay restitution; or d) Any other sentence that may appropriate under the circumstances, including the penalties outlined in subsection 11. 13. No court shall impose a sentence under the by-law if an accused person has agreed to plead and elected to appear before a functioning Elders Council or Alternative Justice Program and completed the full terms of any sentence imposed. 14. A person who has failed to adhere to the conditions of a sentence imposed under subsection 14 commits an offence under this by law and is subject to the penalties described in subsection 11 without an option to elect the alternative justice program 12-15 inclusive. Quorum (Chief) (Councillor) (Councillor) (Councillor) (Councillor) (Councillor) (Councillor) (Councillor) (Councillor) (Councillor) FOR DEPARTMENTAL USE ONLY Expenditure Authority Source of funds Expenditure j Authority j I Source of funds (Indian Act Section) j (Indian Act Section) ) Capital ! (~) Capital ■; ) Revenue | ( ) Revenue Recommending officer Recommending officer Date Signature Date Signature Approving officer - Approuvé par Approving officer Date Signature Date Signature INTER 30 005 E 2007-03-01 Canada
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1*1 Indian and Northern Affaires indiennes Affairs Canada et du Nord Canada BAND COUNCIL RESOLUTION The words “from our Band Funds" "capital" or “revenue", whichever is the Band Funds. case, must appear in all resolutions requesting expenditures from The council of the i Date of duly convened meeting (YYYY-MM-DD) Province DO HEREBY RESOLVE: PAGE 9 of 9 By-Law 2008-02-Respecting a Curfew for Youth Alternative Justice Program 15. In the event that the community has contributed a functioning Elders Council or Alternative Justice Program or if the Chief and Council are declared an Alternative Justice Program, any person who is prepared to plead guilty to an offence under this by-law may chose to appear before a Council o f Elders or Tribunal established as part of an Alternative Justice Program within of being charged under this by-law. 16. By voluntarily electing to appear before an Elders Council or Alternative Justice Tribunal any person who is guilty of an offence under this by-law agrees to expose themselves to the penalties describe in subsection 14. Enforcement 17. This By-Law will be enforced by the following, Band Constable, Band Constables, Peace officers, Ontario Provincial Police, Treaty Three Police, the Canadian Royal Mounted Police and Naotkamegwanning By-Law Enforcement Officers. 18. Should a Court of competent jurisdiction strike down a section a section o f this By-Law, the remaining portions of the By-Law shall continue to stand. 19. On the first business day following September 1st of each year, the Band Council shall request in writing, disbursement of any fines collected pursuant to this by-law to the community to support Alternative Justice Program Quorum (Councillor) (Councillor) (Councillor) (Councillor) FOR DEPARTMENTAL USE ONLY Expenditure Authority Source of funds Expenditure (Indian Act Section) ; ) Capital ) Revenue Recommending officer Recommending officer Signature Date Approving officer - Approuvé par Approving officer Signature Date INTER 80-005 E 2007-03-01 cc:H5Ulj>- I5S j Chronological no. File reference no. Cash free balance Capital account $ "T'"~ Revenue account $ (jw xo J 'p ^3-— * (Councillor) (Councillor) j Authority I Source of funds j (Indian Act Section) ; ( ) Capital ! : ( ") Revenue | j Signature Date Signature Date Canada
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.