1*1 Indian and Northern Affau-es indiennes Affairs Canada et du Nord Canad* NORTHERN D & EVELOPMENT g Chronological no. - N» consécutif FEB ' ^ 5 2 6 File reference no. - N ° de référence du dossier BAND COlJ NOIL RESOLUTION RÉSOLUTION ^'bHS^RSrrtarlo ‘j l l L - Si0 e! NOTE: The words "from our Band Funds" "capital" or "revenue", whichever is the case, must appear in all resolutions requesting expenditures from Band Funds. NOTA: Les mots "des fonds de notre bande" "capital" ou "revenu" selon le cas doivent paraitre dans toutes les résolutions portant sur des dépenses à même les fonds des bandes. Cash free balance - Solde disponible The council of the BIG TROUT LAKE FIRST NATION Capital account Le conseil de Compte cap ita l, k D-J M V-A Province Date of duly convened meeting k Revenue account Date de rassem blée dûment convoquée ¥ I „ , _ , , ONTARIO Compte revenu j * | Z | h U J 2 V J 4 DO HEREBY RESOLVE: D É C ID E , PAR LES P RÉSENTES: SUBJECT: Authorization for the Big Trout Lake First Nation A a p n p d oi di n s t p e o d s a P l e a o c f e k i e n e t p o e x r i s c a t n o t s c . onduct search, seizure WHEREAS: the use of intoxicants has been demonstrated over time to be the greatest contributor to death, suicide, drowning, family breakdown, ill-health, disorderly conduct, nuisances and breaches of law and order for the Big Trout Lake First Nations people, thereby threatening the present and future peace, health and well-being of the Big Trout Lake community and its residents; AND WHEREAS combating the destructive effects of intoxicants in an effective manner in our particular community requires special measures tailored to its unique c l o o m c p a o ti s o i n t , i on; culture, traditions, character and AND WHEREAS the inhaling of vapours of gasoline, solvents, cements and other substances poses a very serious threat to the health and safety of our young people a t n a d k en s i t m o i l t a h r e l i y r p r r e o q t u e i c r t e i s o n t ; hat special measures be AND WHEREAS the geographical location of the Big Trout Lake Reserve effectively bars speedy access to Judges or Justices for the purpose of obtaining judicial authorizations for certain investigative or e i n n f c o l r u c d e i m n e g n t s ear o c f h wa L r a r w a s n ts; concerning intoxicants, Quorum FIVE ( 5 > FOR DEPARTMENTAL USE ONLY - RÉSERVÉ AU MINISTERE Expenditure - Dépenses Authority (Indian Act Section Source of funds Expenditure - Dépenses Authority (Indian Act Section Source of funds Autorité (Article de la Loi sur Source des fonds Autorité (Article de la Loi sur Source des fonds les Indiens) les Indiens) □ ci»*- □ £ “ □ c a p i t a l Recommending officer - Recommandé par Recommending officer - Recommandé par Signature Date Signature Date Approving officer - Approuvé par Approving officer - Approuvé par Signature Date* Signature Date 80-5 (12-89) 7530-21-036-8582 Canad 1 | a * |
Page 2 Cont'd: AND WHEREAS effective enforcement of many of the provisions of the Intoxication Law requires a speedy response to prevent destruction of evidence, escape, avoidance of prosecution and the like; AND WHEREAS it is the responsibility of the duly elected Chief and Council to ensure that all persons that assist in the enforcement of this law are fully protected and indemnified; AND WHEREAS the Chief and Council of the Big Trout Lake First N La a w t s i o : ns have the power under the Indian Act to make a) to provide for the health of Reserve residents Section 81(l)(a); b) to provide for the observance of law and order Section 81(l)(c); c) for the prevention of disorderly conduct and nuisances (Section 81(l)(d); d) with respect to any other matter arising out of or ancillary to those powers (Section 81(l)(g)), including those investigative measures deemed necessary for effective enforcement of those Laws; and e) respecting intoxicants, including Laws declaring the complete prohibition of intoxicants from the Reserve (Section 85.1). AND WHEREAS the Council of the Big Trout Lake First Nations must be adequately protected and respected in their duty to enforce the control of intoxicants at the Big Trout Lake First Nations Reserve; DEFINITIONS In this Law, "Intoxicants" includes: a) glues, cements and similar compounds, and the vapours thereof; b) gasoline naphtha and other fuels, and the vapours thereof ; c) cleaning solvents, disinfectants, and the vapours d) t a h n e t r i e o f f r ; eeze, de-icers and other similar products containing alcohol, and the vapours thereof;
Page 3 Cont'd: e) perfumes, hairsprays, mouthwashes and other cosmetic of hygienic products, and the vapours thereof; f) h in o t m o e x i m f a i d c e a t m i i o x n; tures capable of producing a state of g) A i c n t t ; o xi a c n a d nts as defined under Section 2(1) of the Indian h) s a uc s h t a o t t e h e o r f s i u n b t s o t x a i n c c a e t s i o a n n ; d the vapours thereof to produce "Traffic" means: a) to manufacture an intoxicant; or b) to sell, exchange, barter or trade an intoxicant; or c) where the recipient of the intoxicant is 18 years of age or younger, to supply, give, administer or distribute an intoxicant to such a young person, whether or not for gain; or d) to offer to do anything in paragraph (a), (b), and (c) m i e m a m n e i d n i g a . tely above; and "trafficking" has a corresponding "Intoxicated" in addition to its ordinary meaning, any person 18 years of age or less who has in any manner consumed intoxicants is deemed to be intoxicated for the purpose of this Law. OFFENSES AND PENALTIES THEREFORE BE IT RESOLVED that everyone who is in possession of an intoxicant, everyone who traffics in an intoxicant or is in possession of an intoxicant for the purpose of trafficking is guilty of an offence punishable and is liable to a fine, payable to the Big Trout Lake First Nation, of the following: i. any liquified and condensed intoxicant will result in a fine of $ .40 per militre (e.g., .40 X 375 (Mickey) = $150.00); and ii. chemical substances will be punishable on summary conviction and is liable to a fine as equivalent to the Food and Drug Act and the Criminal Code.
Page 4 Cont'd: SEARCH AND SEIZURE FURTHERMORE, BE IT RESOLVED a) that a First Nation Constable, other authorized peace officers, a member or members of the Chief and Council, or a First Nation Member where authorized by the First Nation Council, may, without a warrant, conduct a reasonable search of t e h n e t er c i l n o g t h o i r n g u po o n f t a h i. if he has reasonable grounds to believe that person to be in possession of an intoxicant in contravention of this Law; or ii. if the person is or appears to be intoxicated, whether or not that person is arrested or charged with an offence in respect of that apparent intoxication. b) The First Nation Council may authorize a First Nation Member or members to assist a First Nation Constable or other peace officers of the Chief or a Councillor or Councillors in the reasonable search of a person entering onto the reserve who may be attempting to import intoxicants concealed under his or her clothing, to include vehicles, into the Big Trout Lake First Nations Community. POINTS OF ENTRY ONTO THE RESERVE FURTHERMORE, BE IT RESOLVED a First Nation Constable, other authorized peace m o a f y f , i ce a r t s , a l a l me p m o b i e n r t s o r o f m em e b warrant and without grounds to believe or suspect that an offence under this Law is being committed or attempted, conduct reasonable searches of all aircraft, vehicles including snowmobiles, vessels, luggage, bags, boxes or other containers and conveyances coming onto the Reserve. BUILDINGS ON THE RESERVE FURTHERMORE, BE IT RESOLVED a First Nation Constable, other authorized peace office, members of the Crisis Intervention Team, member or members of the First Nation Council may, without warrant, conduct a reasonable search of any building on the Reserve, including office and dwelling houses, PROVIDED THAT :e p R e e r s s e o r n v , e : to include vehicle, n e t r r s y o o f n t t o h e t F h i e r s r t e s N e a r t v i e o , n w C i o t un h c o i u l t
Page 5 Cont'd: a) there are reasonable grounds to believe that such a s th e i a s r ch La w w , i ll a nd d ; isclose evidence of an offense under b) only sufficient force is utilized to gain entry into a building on the reserve where entry cannot be obtained without the use of force. OTHER SEARCHES OH THE RESERVE FURTHERMORE, BE IT RESOLVED a First nation Constable, other authorized peace officers or members of the First Nation Council may, without warrant, conduct searches of all aircraft, vehicles, vessels, luggage, boxes, bags, and other containers, and conveyances found upon the reserve PROVIDED THAT he has reasonable grounds to believe that a search will disclose the presence of unlawful intoxicants or property stolen while intoxicated. SEIZURE OF UNLAWFUL INTOXICANTS FURTHERMORE, BE IT RESOLVED a First Nation Constable, other authorized peace officers or First Nation Councillor or Chief may seize all intoxicants which he believes on reasonable grounds have been possessed or used in contravention of the provisions of this Law and that any seized intoxicants shall be disposed of wither by the Chief and Council upon forfeiture to the Crown Attorney or shall be disposed of by the Ontario Provincial Police as directed by the Chief and Council. EVICTIONS FURTHERMORE, BE IT RESOLVED any person not a member of the Big Trout Lake First Nations or ordinarily resident in the Big Trout Lake First Nations community who is found intoxicated in the Big Trout Lake Reserve or in possession of intoxicants in the Big Trout Lake Reserve shall be subject to F p i r r o per s s t e cu N t a i t o i n o n u C n o d u e n r c il th e s provisions son from the Big Tro ha u l t l L h a a ke v e Re t s he o f r i t g h h i t s to L a e w and the erve at his v e i x c p t e ns s e u . ch
Page 6 Cont*d: PROTECTION OF CHIEF. COONCIL AND FIRST NATION MEMBERS FURTHERMORE, BE IT RESOLVED any person who threatens or causes or attempts to cause any injury or bodily harm to any member of the Council of the Big Trout Lake First Nations or to any First Nation member working on behalf of the Council in enforcing this Law and especially where such person is in possession of a weapon including an axe, firearm, or knife shall be guilty of an offence and shall be prosecuted immediately under the provisions of the Criminal Code of Canada. PROVISIO FURTHERMORE, BE IT RESOLVED nothing in this Law shall be constructed in any manner which serves to limit the powers of the Chief and First Nation Councillors, First Nation Constables or other authorized peace officers contained in any other statute or recognized at common law. ENFORCEMENT FURTHERMORE, BE IT RESOLVED Big Trout Lake First Nation Council authorize the Ontario Provincial Police (OPP), and the Big Trout Lake First Nation Constables to diligently enforce the provisions of this Law.
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.