Part II - Enacted First Nations Legislation

Decision Information

Decision Content

CAT LAKE FIRST NATION GORDON OOMBASH MEMORIAL BUILDING 2 BACK ROAD WEST CAT LAKE, ONTARIO POV 1JO WHEREAS: Chief and Council have considered the attached by-laws Therefore Chief and Council hereby adopts the two attached by-laws titled "First Nations Law Respecting Curfew" and "Health and Justice Committee". Dated this day 22nd. July 1993 at Cat Lake First Nation
CAT LAKE FIRST NATION PESHEWESAHEKNIK GORDON OOMBASH MEMORIAL BUILDING NETUM ANESHENAPEK 2 BACK ROAD WEST (807) 347-2100 CAT LAKE, ONTARIO FAX (807) 347-2116 POV 1J0 The Cat Lake First Nation Health and Justice Committee WHEREAS within the Cat Lake First Nation, crime and social disorder are matters of justice and of health; AND WHEREAS the Cat Lake First Nation wishes to deal with crime and social disorder in a manner consistent with the traditions and culture of the Cat Lake First Nation; AND WHEREAS the sentences available through the provisions of the federal and provincial laws are often ineffective and inappropriate in the Cat Lake First Nation; AND WHEREAS the Cat Lake First Nation is empowered to make by-laws through the provisions of the Indian Act, including matters respecting: i intoxicants and intoxication on Reserve (s.85.1); ii the health of residents on reserve (s.81(l)(a)); iii the observance o f law and order (s.81(l)(c)); iv the prevention of disorderly conduct and nuisances (s.81(l)(d)); and, vii with respect to any matter arising out of or ancillary to the exercise of these and other powers (s.81(l)(q)); THEREFORE the Chief and Council of the Cat Lake First Nation establishes a Justice and Health Committee to deal with persons involved in crime and other acts of social disorder CERTIFIED TRUE COPY Commissioner for the taking of oaths l Pursuant to Paragraph 108 (a) of th© Indian Act
1 The Chief and Council of the Cat Lake First Nation may establish a committee of residents of the Cat Lake First Nation to be known as a Justice and Health Committee to assist in the administration of justice in the traditional territory of the Cat Lake First Nation and to develop and undertake any programs or services authorized by this law. 2 The Justice and Health Committee may develop programs to deal with any person or persons alleged to have committed any offence, any person who has been charged with an offence, and any person who has been convicted of an offence within the Cat Lake First Nation. 3 The Justice and Health Committee may advise the Courts on appropriate sentences for any member of the Cat Lake First Nation and for any person convicted of offences within the Cat Lake First Nation. 4(1) Where an accused person is to be dealt with through the alternative measures provisions of this law, the Justice and Health Committee shall, where they are satisfied that the accused person will benefit from alternative measures: (a) consider measures which may be appropriate for that accused person; and, (b) shall, with the participation of the accused person, decide upon an appropriate alternative measures plan for the accused person; and, (c) shall supervise and monitor the compliance of the accused person with the terms of the plan; and, (d) report as required by the court, the progress of the accused person. (2) Where an accused person has fulfilled the terms of their plan, the Justice and Health Committee shall report to the police and, where appropriate, the court and shall recommend that any outstanding charges be withdrawn. (3) Where an accused person does not complete the plan devised for them, the Justice and Health Committee may recommend to the officials of the court system that the charges against the accused be proceeded with. 5 Nothing in this law shall prevent the Justice and Health Committee being established to serve as a Youth Justice Committee under the provisions of the Young Offenders Act. CERTIFIED TRUE COPY Jkngeline Albers Commissioner for the taking of Oaths Pursuant to Paragraph 108 (a) of the Indian Act 2
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