<-APb BY-LAW ON intoxicant abuse BY-LAW No. 1 The Wapekeka Band of Indians Being a By-law respecting intoxication and the use of intoxicants on the Reserve of the Wapekeksa 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 Wapekeka Band to make By-laws respecting intoxication and the use if intoxicants on the Reserve of the Wapekeka 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 assented to by a majority of the electors of the Wapekeka Band who voted at a special meeting of the Band,on the 11th day of December, 1985, called by the Council of the Wapekeka Band for the purpose of considering the said By-law; and, WHEREAS, the Council of the Wapekeka Band considers necessary special measures for the protection of the citizens of the Reserve of the Wapekeka Band from the presence of intoxicants;3 OF 8 WAPEKEKA, ONTARIO POV1B0 Ph. 537-2315 or 537-2382 4ÆPT. OF INDIAN AFFAIR & NORTHERN DEVELOPMENT; DEC 23 1985 Sioux Lookout, Ontario i
4 OF 8 - 2 NOW THEREFORE, pursuant to section 85.1 of the Indian Act, the Council of the Wapekeka Band enacts as a By-law thereof as follows: 1) In this By-law "intoxicant" means "intoxicant" as it is defined under subsection 2(1) of the Indian Act. 2) A person who sells, barters, supplies or manufactures an intoxicant on the'reserve of the Wapekeka Band is guilty of an offence and is liable on summary conviction to the penalty described in paragraph 84.1(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 intoxicants in his possession or b ) intoxicated on the reserve of the Wapekeka Band, is guilty of an offence and is liable on summary conviction to the peralty 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.
5 OF 8 3 -4* The provisions of this By-law do not apply where the intoxicant is used or intended to be used, (a) in cases of sickness or accident, or (b) for domestic or commercial purposes that do not involve human consumption* 5* (1) No offence is committed against subparagraph 3(a) of this By-law if the person in possession is transporting the intoxicant in an unopened state across the reserve to a destination beyond the reserve boundary* (2) In the case of a tourist described in subsec tion (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 deliver the intoxicant in his possession a s soon as is reasonably possible to a special constable , band constable, any other authorized peace officer or any other person designated for this special purpose by Band Council Resolution.
6 OF 8 - 4 -5. (3) Where a special constable, a band constable, 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 deposit, as soon as is reasonably possible, 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 intoxicant 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 the intoxicant 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 Band Council Resolution, the person in possession of the intoxicant is guilty of an offence under subparagraph 3(a) of this By-law,
7 OF 8 - 5 -6. (1) Every person coming onto the reserve of the Wapekeka 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 among the 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 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) The name of every person who fails to declare under subsection (1) shall be reported to the Council of the Wapekeka Band by a special constable, band constable or any other authorized peace officer.
<-APb Approved and passed at a duly convened meeting of the Council of the Wapekeka Band of Indians on the 2 2nd day of DECEMBER , 1985. L Chief ^a^gius E.Winter Councillor Albert McKay uncillor Ananius (h Councillor Carol Brown8 OF £><zad WAPEKEKA, ONTARIO POV1B0 Ph. 537-2315 or 537-2382
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