Part II - Enacted First Nations Legislation

Decision Information

Decision Content

MARTEN FALLS INDIAN RESERVE #65 A/**' % '1 7 f #5 BEING A BY-LAW TO CONTROL THE USE OF FIREARMS IN THE COMMUNITY ON THE RESERVE. WHEREAS UNDER SECTION 81(D) OF THE INDIAN ACT R.S., C. 149, S. 1, THE COUNCIL DISORDERLY CONDUCT AND NUISANCES. A A ND R E W S H I E D R E E N A T S I AL I T AR I E S A . CONSIDERED DANGEROUS AND UNLAWFUL TO DISCHARGE A FIREARM IN NOW THEREFORE THE COUNCIL OF THE MARTEN FALLS BAND OF INDIANS ENACT AS A BY­ LAW THEREOF THE FOLLOWING. 1. IN THIS BY-LAW: (A) "COUNCIL" MEANS THE COUNCIL OF THE MARTEN FALLS BAND OF INDIANS AS DEFINED IN THE INDIAN ACT. (B) "RESERVE" MEANS THE MARTEN FALLS INDIAN RESERVE #65 SET APART UNDER THE JAMES BAY TREATY, TREATY #9 FOR THE USE OF THE BAND. (C) "WEAPONS" MEANS A RIFLE OF ANY CALIBRE; A SHOT-GUN OF ANY GUAGE. A HAND-GUN OF ANY CALIBRE; AND SEMI-AUTOMATIC WEAPONS OF ANY CALIBRE. (D) "MINOR" MEANS PERSONS UNDER 16 YEARS OF AGE. (E) "POLICE" MEANS THE BAND CONSTABLE, THE BAND SPECIAL CONSTABLE, THE O.P.P. AND THE R.C.M.P. 2. NO RESIDENT OR NON-RESIDENT ON THE RESERVE STATUS OR NON-STATUS SHALL FOR ANY REASON USE ANY WEAPONS WITHIN ONE MILE OF THE COMMUNITY. 3. POLICE OFFICERS ARE EXEMPTED FROM SECTION 2 OF THIS BY-LAW. 4. TARGET SHOOTING AND HUNTING IS PROHIBITED WITHIN AT LEAST ONE(l) MILE AWAY FROM THE COMMUNITY. 5. NO RESIDENT OR NON-RESIDENT STATUS OR NON-STATUS SHALL CARRY A WEAPON ON THEIR PERSON ON THE PUBLIC ROAD IN THE COMMUNITY ON THE RESERVE. 6. MINORS ARE PROHIBITED TO USE WEAPONS ON THE RESERVE. 7. POLICE OFFICERS ARE AUTHORIZED TO CONFISCATE ANY WEAPONS FROM PERSONS WHO VIOLATE ANY OF THE PROVISIONS OF THIS BY-LAW. 8. ANY PERSON WHO VIOLATES ANY OF THE PROVISIONS OF THIS BY-LAW SHALL BE GUILTY OF AN OFFENCE AND SHALL BE LIABLE UPON SUMMARY CONVICTION TO A FINE NOT EXCEEDING ONE HUNDRED DOLLARS OR TO IMPRISONMENT FOR A TERM NOT EXCEEDING THIRTY DAYS OR TO BOTH FINE AND IMPRISONMENT. APPROVED AND PASSED AT A DULY CONVENED MEETING OF THE COUNCIL THIS 11TH DAY OF OCTOBER 1979. ELI MOON I AS____________ _________________________ (CHIEF) (BAND MANAGER) ____________M ( O C S O E U S N CI C L O L A O S R T ) E R___________ ____________ ( _ C T O O U M N CI M L O L O O N R I ) AS__________ I, ELIJAH MOONIAS, CHIEF OF THE MARTEN FALLS BAND OF INDIANS DO HEREBY CERTIFY THAT A TRUE AND EXACT COPY OF THE FOREGOING BY-LAW #5 WAS FORWARDED TO THE MINISTER PURSUANT TO SECTION 82 S.S. 1 OF THE INDIAN ACT THIS 11TH DAY OF OCTOBER 1979. ...... ELI ( C M H O IE O F N ) IAS
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