J U 1 I U I 'A U V V A . a - i / - a a ; 13 :5 1 ; DIA-* 819 997 0 0 3 4 .# 1 5 /1 8 TRESPASSING BY-LAW BY-LAW # M g * ] ' 0 ¥ of the Ojibways of Sucker Creek Being a By-Law for the Removal & Punishment of Persons Trespassing or Frequenting the Reserve for Prohibited Purposes on the Sucker Creek First Nation WHEREAS, the Council for the Ojibways o f Sucker Creek desires to establish a by-law provide for the removal and punishment of persons trespassing on the reserve or frequenting the reserve for prohibited purposes; AND WHEREAS, the Council for the Ojibways o f Sucker Creek is empowered to make such a by-law pursuant to paragraphs 81(1 ) (p. 1 ), (q) and (r) o f the Indian Act; AND WHEREAS it is deemed to be expedient and necessary, for the benefit, comfort and safety o f the inhabitants o f the Ojibways of Sucker Creek to provide for the removal and punishment o f posons trespassing on reserve lands or frequenting the reserve for prohibited purposes; NOW THEREFORE, the Council for the Ojibways o f Sucker Creek hereby makes the following By-Law: 1 of 4
a c m D I -ACAUA ; 3 - 17-a a ; 13 :5 2 ; DIA- 819 997 0 0 3 4 ;# 1 6 /1 8 wmmmmmmmmmKmmmmmm Ojibways of Sucker Creek Tresspassing By-Law 1 SHORT TITLE This By-Law may be cited as the “Ojibways or Sucker Creek Removal of Trespassers By- Law”. 1 ! V ■ ■ 2. INTERPRETATION In this By-T-aw “Band' means the Ojibways o f Sucker Creek; “Councit means the Council, as defined in the Indian Act, o f the Ojibways of Sucker Creek; “Member o f the Handn means a person whose name appears or is entitled to have his/her name appear on the Ojibways o f Sucker Creek Band Membership List pursuant to the Indian Act or the membership rules o f the Band. MOfficer" means any police officer, police constable or other person charges with the duty to preserve and maintain the public peace, and any by-law enforcement officer or other person appointed by the Council for the purpose of maintaining law and order on the reserve pursuant to By-Law Number________ Relating to Law and Order. “‘Reserve’' means the Ojibways of Sucker Creek numbers 23 and 180.,. “Trespass" means the entry onto, or the presence on, the reserve by a person without lawful justification. 3 PROHIBITED PURPOSES i. A person, other than a person referred to in subsection (2), who conducts or is suspected o f conducting on the reserve any of the following activities, namely . a) hunting, fishing, or trapping, b) hawking, or peddling of wares and merchandise; c) loitering; d) soliciting financial assistance; e) any illegal activity. .. shall be deemed to be frequenting the reserve for a prohibited purpose. Page 2 of 4
• • /UJiWA . a -w -u a i ! DIA-* 819 997 0 0 3 4 ;# 1 7 /1 8 Ojibways of Sucker Creek Trcsspa&sing By-Law ii subsection (t) does not apply to a) a person who is a lawful resident o f (he reserve, or b) a person who, under a by-law o f the Council, holds a valid licence to conduct any activity referred to herein or is otherwise permitted to conduct that activity. 4 ORDER to LEAVE i. An officer may order any person who trespasses on the reserve or who frequents the reserve for a prohibited purpose to leave the leave the reserve immediately. ii. Where a person who has been ordered to leave the reserve fails or refuses to do so, an officer may take such reasonable measures as may be deemed necessary to remove the person from the reserve. iii. No person shall fail or refuse to comply with an order made under Subsection (i) to leave the reserve, or shall resist or interfere with an officer acting under Subsection (ii). 5. PENALTY i. A person who violates any provision o f this by-law commits an offence and is liable on summary conviction to a fine not exceeding $1,000.00 or to imprisonment for a tom not exceeding thirty days or to both. Page 3 of 4
a c n i D I • AEJW A ; 3 -1 7 -3 8 ; 13=53 ; DIA-* 819 997 0 0 3 4 ;# 1 8 /1 8 Ojibways of Sudccr Creek Tresspassing By-Law THIS BY-LAW ii not to determine what constitutes a “Trespass”, rather it deals with the REMOVAL & PUNISHMENT of trespassers on reserve» is hereby enacted at a duly convened meeting of the Band Council for the Ojibways of Sncker Creek this — L d*y of 5 W ' 1999-Voting in favour of the By-Law Chief Diane Abotossaway Councillor Marvin Assinewal L, Chief Diane Abotossaway, do hereby certify that a true copy of the foregoing by law was mailed to the Minister of Indian Affairs and Northern Affairs, pursuant to Subsection 82 (I) of the Indian Act, th is__~J_ day of • 19 9 ? . Chief Diane Abotossaway ounciUor PagC4oC 4
SENT BY:XEROX ; 3 - 1 7 - 9 9 ; 1 3 :4 4 ; 7^ Indian and Northern Affairs C a n a d a * N0TE:Thci word» ’‘liom our Band ; Ihc Council oTthc O j ib w a y s o f S u c k e r C re e k Date of duly convened inerting D m y- >|8 I <i' l ‘ | ' 4 > | | 9 DO HEREBY RESOLVE R E M O V A L & P U N IS H M E N T o f T R E S P A S S E R S W H EREA S, the Council for the Ojibways o f Sucker Creek desires, to establish a by-law provide-ftr th e removal and punishment o f persons trespassing on the reserve or frequenting the reserve for prohibited purposes; AND W HEREAS, the Council for the Ojibways o f Sucker Creek is empowered to make such a by-law pursuant to paragraphs 81(1) (p. 1), (q) and (r) o f the Indian Act; AND W HEREAS it is deemed to be expedient and necessary, for the benefit, comfort and safety o f the inhabitants o f the Ojibways o f Sucker Creek to provide for the removal and punishment o f persons trespassing on reserve lands or frequenting the reserve for prohibited purposes; THEREFORE, the Council for the Ojibways of Sucker Creek hereby makes the following By-Law. if » ; - - . . • ■ i - (Councillor) (Councillor) FO R D EPA RTM EN TA L U SE ONLY ftfM Ünm AnOrarity (bdiu AdSwüon SoWCUOf Fluid» □ < * * » £ ] * < * “» RUDMMKH|)|nllkSf« 1 » • OMc; ■ Apprownuflkur-, ^ ^ j u | j ; : 5» v fligPMUMIa rkte to-» (12-**) DIA-» 8 1 9 99 7 0 0 3 4 ;# 4 /1 8 ChronokgM no. • 1065 file reference no. -CUwb free balance Capital uccouat S Province , , Revenue account ;• i i ' , » $ ‘ ■ . .. ; i •> '» ! ' f 1 i.1 ' - ; '. ‘ \ U. (Councillor) âixi*aiâtan» Auttaofty - î. r » . - iMKOiufPuadi’ . ) ' • ;• RpOIMHMMlillg QÜV • • A i i 1 ■ ; ! '* t ' Unfci AtmntmmaOaa- . . . . v ; ;...... ..................... S p u to » .ÏH» -Canatff
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