Part II - Enacted First Nations Legislation

Decision Information

Decision Content

SENT BY:DIAND NORTH CENTRAL ; 2 - 6-98 ;11:32AM ; 819 997 0034:# 8/11 EXHIBIT C BUFFALO RIVER DENE NATION Band No. 396 General Delivery, Dillon, Saskatchewan SOM 050 Phone (306) 262-2033 Fax (306) 262-2101 DENE NATION INTOXICANT BY-LAW By-Law No. 19__________ of the Buffalo River Dene Nation Band A By-Law For To Prohibit Intoxicants WHEREAS the Buffalo River Dene Nation Indian Band considers it desirous to undertake measures for the protection of the community ; AND WHEREAS the Council of the Band is desirous of declaring in effect a prohibition against the sale, barter, supply or manufacture of intoxicants on the reserve of the Band; against any person being intoxicated on reserve; and against any person having intoxicants in his possession on the reserve; and wish to provide for an exception thereto; AND WHEREAS subsection 85.1 (1) to the Indian Act, authorizes the Council of the Band to make by laws: (a) prohibiting the sale, barter, supply or manufacture of intoxicants on the reserve; (b) prohibiting any person from being intoxicated on the reserve; (c) prohibiting any person from having intoxicants in his possession on the reserve; and (d) providing for exceptions to any of the prohibitions established pursuant to paragraph (b) or (c); AND WHEREAS subsection 85.1 (4) of the Indian Act provides that every person who contravenes a by-law made under this section is guilty of an offence and is liable on summary conviction, in the case of a by-law make under paragraph 85.1 (l)(a), to fine of not more than one thousand dollars or to imprisonment tor a term not exceeding six months or to both; and in the case ufaby-law made under paragraph 85. l(l)(b )o r paragraph 85.1(l)(e), to a fine of not more ihan one hundred dollars or to imprisonment for a term not exceeding three months, or to both; and
SENT BY:DIAND NORTH CENTRAL ; 2- 6-98 ;11:33AM ; 819 997 0034;# 9/11 AND WHEREAS a majority of the electors of the Band/who attended a special meeting of the Buffalo River Dene Nation Band on P<2X- ' / j _______ Called by the Council of the Buffalo River Dene Nation Band on / ! / n(J for the purpose of considering the contents of this by-law, assented to the contents of this by-law; NOW THEREFORE, it is hereby enacted pursuant to section 85.1 of the Indian Act: Short Title 1. This by-law may be cited as the Buffalo River Dene Nation Indian Band Intoxicant By- Law. Interpretation 2. In this By-Law: Band means the Buffalo River Dene Nation Indian Band; Intoxicated means being under the influence of an intoxicant; Reserve means all those lands defined as a reserve within the meaning of the Indian A ct R.S.C. 1985, c-I-5, and set apart for the use and benefit of die Buffalo River Dene Nation Band of Indians and knows as Buffalo River Dene Nation Indian Reserve number 193. Prohibitions 3. No person shall be intoxicated on the reserve. 4. No person shall be in possession of an intoxicant on the reserve. 5. No person shall sell, barter or supply an intoxicant to anyone or manufacture intoxicant on the reserve. Exceptions 6. No person contravenes section 4 by reason only that he is in possession of an intoxicant for the purpose of transporting it across the reserve from a point of origin outside of the reserve to a destination outside of the reserve, provided that the intoxicant is in a bottle, receptacle or package that is unopened and the seal unbroken. 7. No person contravenes section 3,4 or 5 of this by-law where the intoxicant is possessed, used or intended to be used solely (i) for medicinal purposes; (ii) for domestic, business, commercial or other purpose that docs not involve producing a state of intoxication in any person;
SENT BY-DIAND NORTH CENTRAL ; 2- 6-98 ;11:33AM ; 819 997 0034;#10/11 8. No person contravenes section 4 or 5 of this by-law where the intoxicant is possessed, used or intended to be used solely tor a religious purpose that does not involve producing a state of intoxication in any person; This by-law is hereby made at a duly convened meetingof the Council of the Buffalo River Dene Nation Indian Band this day of C 1997. Voting in favor of this by-law are the following members of the Council: being the majority of those members of the Council of the Buffalo River Dene Nation Indian Band present at the aforesaid meeting of the Council. The quorum o f the Council is . f t members. No. of members o f the Band Council present at the meeting:. I, Elmer Campbell, Chief of the Buffalo River Dene Nation Indian Band, do hereby certify that a true copy of the foregoing by-law was mailed to the Minister of Indian Affairs and Northern ^ Development at the Regional office pursuant to subsection 82(1) of the Indian Act, this /<» day o f ...___________________ , 1 9 ^ .
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