Kingfisher Lake Band KINGFISHER LAKE ONTARIO p o v izo BY-LAW ON INTOXICANT USE ■ > Q ( l By-Law No. 1 The Kingfisher Lake Band of Indians Being a By-Law respecting intoxication and the use of intoxé: icants on the reserve of the Kingfisher Lake Band of Tndians. Whereas, subsection 85.1(1) of the Indian Act, R.S.C. 1970, Chapter 1-6 (as amended), empowers the Council of the King fisher Lake Band to make By-Laws respecting intoxication and the use of intoxicants on the reserve of the Kingfisher Lake Band; and, Whereas, pursuant to subsection 85.1(2) of the Indian Act, the form and substance of the By-Law set out below were as sented to by a majority of the electors of the Kingfisher Lake Band who voted at a special meeting of the Band on the 15th day of November, 1985, called by the Council of the Kingfisher Lake Band for the purpose of considering the said By-Law; and, Whereas, the Council of the Kingfisher Lake Band considers necessary special measures for the protection of the citizens of the reserve of the Kingfisher Lake Band from the presence of intoxicants; Now therefore, pursuant to section 85.1 of the Indian Act, the Council of the Kingfisher Lake Band enacts as a By-Law thereof as follows: 1. In this By-Law "Intoxicant" means "Intoxicant" as it is defined under : : subsectïoh)2(l) :bf thé:.Indian Act;, and for:greater : 7 cèrtaintylàndi-without altèring the meaning of "intoxicant", it shall-be deemed to include the following preparations and mixtures capable of human consumption that are intox- cating: ()i (i) Glue and the vapours thereof,
(ii) "Lysol" and other similar cleaning products and the vapours thereof, (iii) Gasoline and gasoline-based products and the vapours thereof. 2. A person who sells, barters, supplies or manufacturers an intoxicant on the reserve of the Kingfisher Lake 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. 3. A person who is found (a) with intoxicant in his possession or (b) intoxicated, on the reserve of the Kingfisher Lake 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. The provisions of this By-Law do not apply where the intox icant is used or intended to be used, (a) in cases1of sickness or accident, (b) for domestic or commercial purposes that do not involve human consumption, or (c) in the form of sacramental wine by a recognized church. 5. A band constable or any other authorized peace officer may arrest without warrant any person whom he finds contravening sections 2 or 3 of this By-Law. 6. (1) No offence is committed against subparagraph 3(a) of this By-Law if the person in possession is transport^- ing the intoxicant in an unopened state across the reserve to a destination beyond the reserve boundary. 2 (2) In the case of a person described in subsection (1) who must sojourn on the reserve overnight or for a few days in order to avoid bad weather, in order to gather supplies or for any other valid purpose, he shall forthwith deliver the intoxicant in his possession to a special constable, Band constable, any other authorized peace officer, or any other person designated for this special purpose by Band Council resolution.
(3) Where a special constable, a band constable, or an authorized peace officer or a person designated by Band Council resolution takes delivery of an intoxicant in the circumstances described in subsection (2), he shall forthwith deposit the intoxicant in a place of safekeeping, such as a lock-up or a Band Administration building. (4) A special constable, a band constable, an authorized peace officer or a person designated by Band Council resolution who is in charge of the intoxicant deposited in accordance with subsection (3) shall return the intox icant to the original possessor described in subsections (1) and (2) within twenty-four hours of his departure from the reserve, it being the responsibility of the original possessor of the intoxicant to provide due notice of his imminent departure. (5) In the case of a person described in subsection (2) who fails to deliver forthwith the intoxicant in his poss ession to a special constable, band constable, any other authorized peace officer or any other person designated by Band Council resolution, the person in possession of the intoxicant may be found guilty of an offence under subparagraph 3(a) of this By-Law. (1) Every person coming onto the reserve of the Kingfisher Lake Band shall, at that time, if requested by a band constable or any other authorized peace officer, declare whether or not he has in his possession any intoxicant, whether on his person or among the luggage, bags, packages or other containers that he is bringing onto the reserve. 2 (2) Following a declaration or a failure to declare under subsection (1), a band constable or any other authorized peace officer who believes, on reasonable grounds, that there is any person contravening sections 2 or 3 of this By-Law may a) detain that person for a period of time sufficient to conduct a search for any intoxicant, and 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.
(3) If any intoxicant is found pursuant to a search conducted under subsection (2), a band constable or any other author ized peace officer may arrest without warrant any person in possession of the intoxicant, pursuant to section 5 of this By-Law. (4) The name of every person who fails to declare under sub section (1) shall be reported to the Council of the Kingfisher Lake Band by a band constable or any other authorized peace officer. Approved and passed at a duly convened meeting of the Council of the Kingfisher Lake Band of Indians on the 25th day of November, 1985. Chief Simon Sakakeep , * n Ç k i . b J f C * ' Joseph Sainnawap, Councillor .ke Beardy, Councillor
■ Indian and Northern Affaires indiennes m t Affairs Canada et du Nord Canada Chronological No. — Numéro consécutif Indian and Inuit Affairs Affaires indiennes et inuit 2 4 7 / 8 5 File Reference — N ° ds ret» du dossier BAND COUNCIL RESOLUTION RESOLUTION DE CONSEIL DE BANDE NOTE: The words "From our Band Funds” "C a p ita l" or "R e v e n u e ", which ever is the case, must appear in all resolutions requestinc eaplnditure. from Band Funds NOTA: L es mots "d e s 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 Th e c o u n c il o f t h e l e c o n s e il d é l a b a n d e in d ie n n e Kingfisher Lake Band Current Capital Balance Solde de capital $ AGENCY d i s t r i c t Sioux Lookout Committed — Enfiafié $ PROVINCE Ontario Current Revenue balance Cnlrif* rfp fp i/Anrf w PLACE n o m d e L ’e n d r o i t Kingfisher Lake 25 Nov 85 Committed — Engade $ DATE AD 19 „___ DAY - JOUR MONTH - MOIS YEAR - ANNEE DO HEREBY RESOLVE; DECIDE, P A R L E S PRESENTES: Recording of Vote Taken Pursuant of Subsection.85.1(2) of the Indian Act R. S.D ._1970._c. 1-6 (as amended) in Order to Enact a. By—Law on Intoxicant Abuse Whereas, pursuant to subsection 85.1(1) of the Indian Act (as amended), the Council of the Kingfisher Lake Band made a by-law dealing with intoxicant use on-reserve, a copy of which is attached; and, Whereas, it is appropriate to record the procedural steps leading up to the making of the attached by-law; Therefore Be It Resolved that the Council of the Kingfisher Lake Band hereby attests that the following procedural steps were taken prior to the making of the attached by-law; (i) on November 8, 1985, copies of the proposed by-law were distributed to each household on the reserve of the Kingfisher Lake Band; (ii) on November 8, 1985, copies of the proposed by-law were posted at the foil ing prominent places on the reserve of the Kingfisher Lake Band; the Omahamo Store, the Bulletin Board, the Band Office, and the radio station; (iii) on November 12, 1985, copies of a written notice of a special band meeting to consider the proposed by-law were distributed to each household on the reserve and copies of the written notice were posted at the four prominent ' . . . 2/ A quorum for this Bande Pour cette bande le quorum est consists of fix é è Council Members Membres du Conseil (Councillor — conseiller) (Councillor — conseiller) (Councillor — c onsei lier) (Councillor — Conseiller) (Councillor — conseiller) (Councillor — conseiller) (Councillor — conseiller) (Councillor — conseiller) (Councillor — conseiller) , r n M r „ TC R n A f f f i c P P y Z A ü AUN « - « R f c rity - Autorité 5* Source of Funds J 1 ) r ,baT74-.r u^<^,<-fdf 1 ^ D ép en ses 1 il 1 1 1 c. Sourcerdps 1 pnds 1 Code du compte A. Capital B. Revenue — Revenu Art. de la Loi sur les _ _. _ i—i Revenue de bande □ Capital □ Revenu g 1 Indiens $ i Recommandable Approved — Approuvable 6. Recommended — i Date Recommending Officer - Recommande par Î A 135 ( 5 -7 9 ) 7 5 3 0 -2 1 -0 2 3 -4 6 6 2
■ JL Indian and Northern Affaires indiennes ■ • Aîiaifâ Canada et du Nord Canada Indian and Inuit Affair, Affaires indiennes et inuit BAND COUNCIL RESOLUTION RÉSOLUTION DE CONSEIL DE BANDE NOTE: The words From our Band Funds” "C a p ita l” or "R evenue” , which ever is the case, must appear in all resolutions requesting expenditures from Band Funds NOTA: L es mots "d e s fonds de notre bande "C a p ita l" ou revenu" selon te cas doivent paraître dans toutes les résolutions portant sur des dépenses a même les tonds des bandes t h e c o u n c il o f t h e l e c o n s e il d e l a b a n d e in d ie n n e Kingfisher Lake Band AGENCY d is t r ic t Sioux Lookout " p r o v in c e Ontario .P L A C E n o m d e L 'e n d r o i t Kingfisher Lake 25 Nov. 85 DATE AD 19 DAY - JOUR MONTH - MOIS YEAR - ANNEE DC> HEREBY RESOLVE; DECIDE, PAR LES PRESENTES: places listed above; (iv) on November 15, 1985 at 1:00 p.m., a special meeting of the Band to consider the proposed by-law was held at the Community Parish Hall; and, (v) at the special meeting of November 15, 1985, 114 Band electors were present and the result of the vote on the attached by-law was as follows: 112 electors in favour of the by-law and 2 against the by-law. A quorum for this Bande Pour cette bande le quorum est consists o f fix é à Council Members Membres du Conseil (Councillor — conseiïler) (Councillor — con moi lier) (Councillor — cone ei Her) (Councillor — conseiller) (Councillor — conseiller) (Councillor — conseiller) FOR DEPARTMENTAL USE ONLY - RÉSERVÉ AU MINISTERE 1. Band Fund Code 2. COMPUTER BALANCES - SOLDES D ’ORDINATEUR 3. Expenditure Code du compte de bande A . Capital B. Revenue — Revenu s i $ 6. Recommended — Recommandable Date Recommending Officer — Recommandé par I A 135 ( 5 -7 9 ) 7 5 3 0 -2 1 -0 2 3 -4 6 6 2Chronological No. — Numéro consécutif 247/85 File Reference — N ° de rét. du dossier Current Capital Balance S o ld e d e cap ital £ Committed — Engage $ Current Revenue balance S n ide d e revenu m Committed — Engagé S . , __________ (Councillor — conseiller) (Councillor — tonseiller) (Councillor — conseiller) (Councillor — conseiller) 1 4* Authority — Autorité 5» Source of Funds D épenses Indian Act Sec Source des fonds Art. de ïa Loi sur les i □ —i « i—i Revenue Indiens Capitol □ Revonu Approved — Approuvable Date Approving Officer — Approu vé par
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