APR 07 ’9' 13:59 FR INDIAN AFFAIRS THBAY 807 623 7021 TO 18199970034 P.10/12 Constance Lake First Nation By-Law No. 1998.3 By-law Respecting A Curfew for Youth Being a By-law to repeal and replace By-law No.2 Enacted on the 9th day of June. 1967 WHEf EAS paragraphs 81 (1) (c), (d), (q) and (r) of the indian Act, R.S.C., ch. 1-5, empo ters the Council of a First Nation to make by-laws for the observance of law and order, :he prevention of disorderly conduct, matters ancillary thereto, and a penalty for the v i| ation thereof; AND fHEREAS the Council of the Constance Lake First Nation is of the opinion that childri i are adolescents should not remain unattended and without adult supervisionn in pub c places during the evenings, for the welfare and safety of the youth and also for thi Reserve community; AND WHEREAS the Council of the Constance Lake First Nation did enact By-law No. 2 on ie 2nd day of June, 1967, which by-law is hereby repealed; THER :ORE, the Council of the Constance Lake First Nation enacts this*by-law as follow Short Itla 1. 'his by-law may be cited as the "Constance Lake First Nation Curfew By-law" Interpi station 2. n this by-law "ado/e cent" means any person who Is 12 to 16 years of age; 'child means any person who is under the age of 12 years; "comn unity social event" means a wedding, winter carnival, sports event, religious celebn tion, or other social event recognized as such by the Council of the Constance Lake F st Nation; paren " means a father, mother, tutor, guardian or person having the custody or care, in law >r in fact, of a child or adolescent; "peace officer" means a peace officer as defined in section 2 of the Criminal Code, R.S.C. 1985, c. C-46, and also a peacekeeper designated by the Band Council from __ to _______ ' Page 1 of 4
APR 07 ’9i 14:00 FR INDIAN AFFAIRS THBAY 807 623 7021 TO 18199970034 P.11/12 By-La\ t No. 1998.3 of the Constance Lake First Nation By-law respecting a curfew for Youth Being i by-law to repeal and replace By-Law No.2 E nact» on the 9th day of June, 1967________________________ ‘prohil ft e d hours” me ans that period of time between the hour of eleven o'clock in the evenin of one day and the hour of six o'clock in the morning of the following day during he calendar months of June, July; August and September of each yean and betwe n the hour cif nine o'clock in the evening of on eday and the hour of six o'clock in the loming of the following day during the remainder calendar months of each year; mresen e" mean the Constance Lake First Nation Indian Reserve No. 182. Prohib ion 3. (1) Jo parent shall permit their child to be in any public place during the prohibited lours unless such child: a) is accompanied by a parent or a person who is 18 years of age or over and has the authorization of that child's parent; )) is accompanied by a person who is 18 years of age or ver, with the authorization of that child's parent; c) is attending or directly returning home from a community social event; or, d) is authorized by resolution of Council. (2) lo adolescent shall be in any public place during the prohibited hours unless uch adolescent: i) is accompanied by a parent; )) is accompanied by a person who is 18 years of age or over, with the authorization of that adolescent's parent; 5) is attending or directly returning home from a community social event; or, i) is aut lorized by resolution of Council. Power of the Peace Officer 4 . (1 ) i. peace officer who finds a child who is or, in the absence of evidence to the ( ontrary, appears to be under the age of 12. in a public place during the I rohibited hours, unless in accordance with section 3, may give the child a /arning and immediately escort such person home. (2) , i peace officer who finds an adolescent who is or, in the absence of evidence ̂ the contrary, appears to be between the ages of 12 to 16, in a public place i uring the prohibited hours contrary to section 3, may give the adolescent a ' /aming and immediately escort such person home. Page 2 of 4
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RPR 0? ’99 4:00 FR INDIAN AFFAIRS THBAY 80? 623 7021 TO 18199970034 P.12/12 By-Law Slo. 19 98 .3 of the Constance Lake First Nation By-law sspecting a curfew for Youth Being a jy-law to repeal and replace By-Law No.2 Enacted on the 9th day of June. 1967 (3) A peace officer shall notify the parent (s) that the child or adolescent was found in a public place during prohibited hours, contrary to section 3, ans was in mediately escorted home. M eeting with parents 5 . (1) If 3 child or adolescent disregards the peace officer's warning or is found by a pi ace officer to be disobeying this by-law a second time within a period of tf rty (30) days, the child or adolescent and the parent (s) of such child or at Dfescent may be directed, by resolution of the Council, to meet and discuss si :h by-law infraction w ith the Council or anyone appointed by the Council tf ough Band Council Resolution for that purpose. (2 ) A opy of the resolution of the Council referred to in subsection 5 91) shall be s iitt by first class mail or delivered by hand to the child's or adolescent's P ents not less that seven (7) full days prior to the proposed meeting. Penalty 6.(1) A er meeting w ith the Band Council or any other person appointed by the band C<i Lincil, a parent who permits a child under the age of 12 to be in any public pi ce during the prohibited hours, contrary to section 3 , commits an offence. (2) A er meeting w ith the Band Council or any other person appointed by the Band C< unci!, an adolescent who is found to be in any public place during the prfhibited hours, contrary to section 3 , commits an offence. (3) Ev try person who contravenes any of the provisions of this by-law is guilty of aiin offence and is liable on summary conviction to a fine of not more th a n __ (specify an amount not exceeding $1 ,000) or to imprisonment for a tsrm of ________ (specify a length of term which does not exceed 30 days), or to bo h a fine and imprisonment. Page 3 of 4
APR 07 ’9' 14:39 FR INDIAN AFFAIRS THBAY 807 623 7021 TO 18199970034 P.04/05 By-Lav No. 1998.3 of the Constance Lake First Nation By-law especting a curfew for Youth Being j by-law to repeal and replace By-Law No.2 Enactel on the 9th day of June. 1967 Repeal 7. y-law number 2 enacted on the 9 * day of June, 1967 and being a By-law specting curfew, be and the same is hereby repealed. THIS £ ('-LAW IS HEREBY made at a duly convened meeting of the Council of the ConstE ice Lake First Nation this f ) day of 1998. Voting n favour of the by-law are the following members of the Council: tu* Member of the Council) (Member oluhe Council) £ Member of the Council) (Member of the Council) Member.of the Council) (Member of the Council) being t e majority of those members of the Council of the Constance Lake First Nation Band plesent at the aforesaid meeting at the Council; The qu rum of the Council is 4 members, Numbe of members of the Council present at meeting; I, * * * * * Chief/Councillor of the Band, do hereby certify that a true cc y of the foregoing by-law was mailed to the Minister of Indian Affairs and Northe n Development at th ï ______________ office of the department pursuant to subsec ion 82 (1 ) of the Indian Act, this day of j û < 1998. a i/w YV\<\ aX , (Witness) (Chief/Councillor) Page 4 of 4
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