■ Indian and Northern Affaires indiennes ■ Affairs Canada et du Nord Canada Indian and Inuit Affairs Affaires indiennes et inuit BAND COUNCIL RESOLUTION RÉSOLUTION DE CONSEIL DE BANDE N O T E : The words “ From our Band F u n d s ” " C a p i t a l ” or " R e v e n u e ” , w h i c h e v e r is the c a se , must appear in all resolutions requesting expenditures from Band Funds N O T A : L e s mots " d e s fonds de notre bande ‘ ‘ C ap it a l ’ ’ ou reve nu” selon le cas doivent paraitre dans toutes le s résolutions portant sur d es d é p en s es à même les fonds d es bandes t h e c o u n c i l o f t h e LE CONSEIL DE LA BANDE INDIENNE FORT HOPE BAHV AGENCY DISTRICT NAK1NA p r o v i n c e 0HTAR10 NOM DE L ’ENDROIT FORT HOPE d a t e ^ Vecember AD19 £ 5 D A Y - J O U R M ONTH - MOIS DO HEREBY RESOLVE: DECIDE, PAR LES PRESENTES: WHEREAS, the Ckie.fi and Council kad d is tr ib u ted a drafit by-law w ritten in English and Ojibway lo every household fiasi the people io consider, A WP WHEREAS, the drafil by-law was also posted in p u b lic places in the community, AHV WHEREAS, a s p ec ia l band meeting was ca lled and s e t fior Vecember 16, 1985 with a one month n o tice , ANV WHEREAS, the resu lts ofi the s p ec ia l band meeting has ind ica ted a Support ofi adopting a by-law lo p ro h ib it a lcoh o l. HOW THEREFORE, th e Chiefi and Council having met a t th is sp ec ia l Council meeting hereby adopt BY-LAW #6 respecting in to x ic a t io n and use ofi in tox ica n ts on the reserve ofi the FORT HOPE BAHV. A quorum for this Bande Pour cette bande le quorum est consists of fixé à 4 Council Members Membres du Conseil (C o un cil lo r — conseil ler) FOR D E P A R T M E N T A L USE O N LY - R É S E R V É A U M IN IS TE R E 1. Ba nd Fund Code 2. C O M P U T E R B A L A N C E S - S O L D E S D ’ O R D I N A T E U R C o d e du compte de bande A. C ap it a l B. R even ue — R even u $ $ 6. Recommended — JRe commendable D ate Recommending O ff ice r — Recommandé par 1A 135 (5 -7 9 ) 7530-21-023-4662sog/M-z/é Chronologica l No 8 5 - 4 6 F ile R efe rence — N ° de ref. du d o s s ier Current Capital Balance Solde de capital $ Committed — En&aéé $ Current Revenue balance .ÇnM p ri ntt «D _ Committed — Engaôê $ Y E A R - A N N É E (C ouncil lor — conseiller) (C ouncil lor — Conseiller) (C ouncil lor — conseil ler) (C o un cil lo r — conseiller) 3. Expenditure 4. Authority — A u torité 5 . Source of Funds D é p e n s e s Indian A c t Sec Source des fonds Art . de la L o i sur les I i— i C ~ ap it a l , 1— _ 1 R _ evenue $ Indiens 1— ' 1—1 R eve n u Approved — Approuvable Date Approving Off icer — Approuvé par
F O R T H O P E I N D I A N B A N D BY-LAW NO. SIX (b) BEING A BY-LAW RESEPECTING INTOXICATION AND THE USE OF INTOXICANTS OF THE RESERVE OF THE FORT HOPE BAND OF INDIANS WHEREAS, SUBSECTION 8 5 . 1 (1 ) OF THE INDIAN ACT, R - S . C . 197U, CHAPTER 1 -6 (AS AMENDED), EMPOWERS THE COUNCIL OF THE FORT HOPE BAND TO MAKE BY-LAWS RESPECTING INTOXICATION AND THE USE OF INTOXICANTS ON THE RESERVE OF THE FORT HOPE BAND; AND, WHEREAS, PURSUANT TO SUBSECTION 8 b . 1 (2 ) OF THE INDIAN A C T, THE FORM AND SUBSTANCE OF THE BY-LAW SET OUT BELOW WERE ASSENTED TO BY A MAJORITY OF THE ELECTORS OF THE FORT HOPE BAND WHO VOTED AT A SPECIAL MEETING OF THE BAND ON THE lt>TH DAY OF DECEMBER, 1 9 8 b , CALLED BY THE COUNCIL OF THE FORT HOPE BAND FOR THE PURPOSE OF CONSIDERING THE SAID BY-LAW ; AND, WHEREAS, THE COUNCIL OF THE FORT HOPE BAND CONSIDERS NECESSARY SPECIAL MEASURES FOR THE PROTECTION OF THE C ITIZE N S OF THE RESERVE OF THE FORT HOPE BAND FROM THE PRESENCE OF INTOXICANTS; NOW THEREFORE, PURSUANT TO SECTION 8 5 . 1 OF THE INDIAN A C T , THE COUNCIL OF THE FORT HOPE BAND ENACTS AS A BY-LAW THEREOF AS FOLLOWS : 1 . IN THIS BY-LAW "INTOXICANT" MEANS "IN TOXICAN T" AS I t IS DEFINED UNDER SUBSECTION 2 (1 ) OF THE INDIAN ACT, AND FOR GREATER CERTAINTY AND WITHOUT ALTERING THE MEANING OF "IN T O X I CANT", IT SHALL BE DEEMED TO INCLUDE THE FOLLOWING PREPARATIONS AND MIXTURES CAPABLE OF HUMAN CONSUMPTION THAT ARE INTOXICATING:
( I ) GLUE AND THE VAPOURS THEREOF, ( I I ) "LYSOL" AND OTHER SIM ILAR CLEANING PkODUCTS AND THE VAPOURS THEREOF, ( I I I ) GASOLINE AND GASOLINE-BASED PRODUCTS AND THE VAPOURS THEREOF, AND (I V) PERFUME, HA1RSPRAY AND OTHER SIM ILAR COSMETIC PRODUCTS AND THE VAPOURS THEREOF. A PERSON WHO SELLS, BARTERS, SUPPLIES OR MANUFACTURERS AN INTOXICANT ON THE RESERVE OF THE FORT HOPE BAND IS GUILTY OF AN OFFENCE AND IS LIABLE ON SUMMARY CONVICTION TO THE PENALTY DESCRIBED IN PARAGRAPH 8 5 . 1 ( 4 ) (aj OF THE INDIAN ACT, NAMELY, A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR A TERM NOT EXCEEDING S IX MONTHS OR BOTH. A PERSON WHO IS FOUND (A) WITH INTOXICANTS IN HIS POSSESSION OR (B) INTOXICATED, ON THE RESERVE OF THE FORT HOPE BAND, IS GUILTY OF AN OFFENCE AND IS LIABLE ON SUMMARY CONVICTION TO THE PENALTY DESCRIBED IN PARAGRAPH 8 S . 1 ($ ) <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. 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 AND COMMERCIAL PURPOSES THAT DO NOT INVOLVE HUMAN COMSUMPTlON. A BAND CONSTABLE OR ANY OTHER AUTHORISED PEACE OFFICER MAY ARREST WITHOUT WARRNT ANY PERSON WHOM HE FINDS CONTRAVENING SECTION 2 OR 3 OF THIS B Y -L A W .3 (1 ) EVERY PERSON COMING ONTO THE RESERVE OF THE FORT HOPE BAND SHALL, AT THAT TIM E, 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 ) 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 FUR 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 l u 3 . (3) IF ANY INTOXICANT IS FOUND PURSUANT TO A SEARCH CONDUCTED UNDER SUBSECTION (2), A BAND CONSTABLE OR ANY OTHER AUTHORIZED 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 SUBSECTION (1 ) SHALL BE REPORTED TO THE COUNCIL OF THE FORT HOPE BAND BY A BAND CONSTABLE OR ANY OTHER AUTHORIZED PEACE OFFICER.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.