A BY-LAW FOR THE CARE OF OUR INDIAN CHILDREN SPALLUMCHEEN INDIAN BAND BY-LAW #3 - 1980
A BY-LAW FOR THE CARE OF OUR INDIAN CHILDREN: SPALLUMCHEEN INDIAN BAND BY-LAW #3 - 1980 1. RECOGNIZING the special relation ship which exists among band members to care for each other and to govern themselves in accordance with the five basic principles of Indian government : (i) WE ARE THE ORIGINAL PEOPLE OF THIS LAND AND HAVE THE ABSOLUTE RIGHTS TO SELF- DETERMINATION THROUGH OUR OWN UNIQUE FORMS OF INDIAN GOVERNMENTS (BAND COUNCILS). (ii) OUR ABORIGINAL RIGHT TO SELF-DETERMINATION THROUGH OUR OWN UNIQUE FORMS OF INDIAN GOVERNMENTS ARE TO BE CONFIRMED, STRENGTHENED AND EXPANDED OR INCREASED, THROUGH SECTION 91(24) OF THE BRITISH NORTH AMERICAN ACT. (iii) OUR INDIAN RESERVE LANDS ARE TO BE EXPANDED TO A SIZE LARGE ENOUGH TO PROVIDE FOR THE ESSENTIAL NEEDS OF ALL OUR PEOPLE. 1. Tslaxastap tas q7asts us ta knucwatwacwup ? wa7 kanmes re ctsu7etnkt. Kwasltknkt xwexwayt swat. Tsilkst res ? T lleqemalts re kukpi7 meta t r tkw ! amiplatn. Yi7ana ma7 res tsqays; (i) ULL NUWI7S RE SNXETAQS T7ALYA, TELRI7 US PE TKWAMIPLENTSUTET NE KUKPI7. (ii) ULL NUWI7S KUC RE SECTSWILCS ES YIGWATEM ES TSETSATS RE CTSU7ETNS i i KUC ES TKWAMIPLENTSUTS. (iii) RE TMICWS KUC TSUT ES XYAWILCTS MA7 PUTES NES XWEXWAYTS KUC. Page 2.
(iv) ADEQUATE AMOUNTS OF LAND, WATER, FORESTRY, MINERALS, OILS, GAS, WILDLIFE, FISH, AND FINANCIAL RESOURCES ARE TO BE MADE AVAILABLE TO OUR INDIAN GOVERNMENTS ON A CONTINUING BASIS AND IN SUFFICIENT QUANTITIES TO ENSURE DOMESTIC, SOCI-ECONOMIC SELF-DETERMINATION FOR PEACE, ORDER AND GOOD GOVERNMENT OF INDIAN PEOPLE. (v) OUR INDIAN GOVERNMENTS (BAND COUNCIL) OR LEGISLATURES ARE TO HAVE THE AUTHORITY TO GOVERN THROUGH MAKING LAWS IN RELATION TO MATTERS COMING WITHIN SPECIFIED AREAS OF JURISDICTION THAT HAVE BEEN DEFINED BY OUR PEOPLE. AND RECOGNIZING OUR AUTHORITY TO CARE FOR OUR CHILDREN WITHIN THE TERMS OF THE INDIAN ACT R. S.O. -149 S. 81 AND IN PARTICULAR S. P.l (a) (c) (d) AND ANCILLARY POWERS IN S. 81 (g) The Spallumcheen Indian Band finds : (a) that there is no resource that is more vital to the continued existence and integrity of the Indian Band than our children. 2 (iv) MA7 PUT RES KECTAS KUC T RE SAMA7 TE KUKPI7S A TMI * CWS KUC, t SAWLLKWA, SXTS t AY, TSQWAS i CA7, CTAKAWI7LATN TSI7, SWAWLL, ALL SQLAW, TUKWA7MITA7 MA7 LA7ES XWEXWAYT KUC AS MUTS. (v) KECTAM KUC RE KUKPI7 META TKWAMIPLATN ES YUGWYUGWTS ES QUQWELUTS WA7 STAMES K XWEXWISTAM. ULL NUWI7S MA7 TKWAMIPLENTA RE STSMALTS KUC. Re Splatsinac tslxastas: (a) re stsmalts kuc res snximams te xwexwayt stam. Page 3 . .
3 (b) that an alarmingly high percentage of Indian families are broken up by the removal, often unwarranted, of their children from them by non-band agencies. (c) that the removal of our children by non band agencies and the treatment of the children while under the authority of non-band agencies has too often hurt our chil dren emotionally and serves to fracture the strength of our com munity, thereby con tributing to social breakdown and disorder within our reserve. 2. In this by-law, unless the context otherwise requires: "Indian Band11 means the band members of the Spallumcheen Indian Band, as defined under the Indian Act and by band custom. t î (b) tekwa7m7uy te glmuc ac re kellawses re s f ama7 us re tskwactmes te stsmalts. (c) re s tsma ? mlt all ? re î stetexam ac re kwyusmes 9 ^ us re tskwanstmes te sama7. Me yaws re qlmuculucw res qwnuxwsl t 1 1 2. N tkwamiplatn a ta7us es tsqays yi7ana ma7 tslxastax. "Glmuc" ma7 yac re Splatsinac k stoqwalutasts. Page 4. . .
- 4 "Indian11 means a person recognized as an Indian by the Band Council. "Indian Child" means a band member of the Spallumcheen Indian Band, as defined under the Indian Act under the age of 21 years, and unmarried. "Extended Family Member" shall be defined by the law and custom of the Spallumcheen Indian Band and shall be a person who is the Indian child!s grandparent, aunt or uncle, brother or sister, brother-in-law or a sister-in-law, niece or nephew, first or second cousin or step-parent. "Family" means the unit within which the Indian child is a permanent member and usually resides. "Indian Custodian" means any person who has legal custody of an Indian child under custom or under this by-law or whose temporary physical care, custody and control has been transferred by the parent of such child. "Glmucu7iy" ma7 yac n7ai ac re mutes ne glmuculucw. "Cglmucwicwlt" ma7 yac re Splatsinac re stsmalts a ta7us k stsmelahms all a ! twiwtes (sallupekst all nku7) ! "Kwsaltktn" ma7 yac xwexwayt t ull sla7as meta qya7as, tu7mas, i i sis7as, smastas, uqwis, stsacts, s ! kaws, stuncs, stamats all s7illew te tskwatstn. "Kwsaltktnuy" mal yac us ne mutes ne qllmins. t "Tutilatn" ma7 yac ac re yucwmanilames wa7 yaws re kukpi7, a yaws re qllmins niri7 k kectames. Page 5 . . .
"Parent11 means any biological parent or parents of an Indian child or any Indian person who has lawfully adopted an Indian child, including adoptions under tribal law or custom. "Band Council" means the Chief and Councillors of the Spallumcheen Indian Band, either elected by custom or under the Indian Act* "Reservation" means the reservation of lands reserved by Her Majesty the Queen for the use and benefit of the Spallumcheen Indian Band as defined under the Indian Act. "General Band Meeting" means a meeting of the band membership, as defined by the provision of the Indian Act and by band custom and law. "Child Custody Proceeding" shall mean and include: (a) any action relocating an Indian child from the home of his/her parents, extended family member or Indian custodian for placement in another home. 5 "Gllmin" ma7 yac swati7 k kulentmes, a swatis k pell sectucpilt. f t "Tkwamipla" ma7 yac re kukpi7 all re knucwtns. "Glmuculucw" ma7 yac re f tmicw us ne mu f tes re glmuc tes kectam te sama7s snkukpi7s. "Sqw7al" m t a7 yac us re plulkwes re qlmuc meta kukpi7 all re knucwtns. "Scqwlallcwu ne St smalt" ma7 tslxastac; T (a) a kw t antmes re cqlmucwicwlt te kwsaltktns, te qllmins, te tutilatn ma7 tntames ne î ticwell tek tsitcw. Page 6 . . .
(b) and the maintenace of the Indian child in the home of the Indian custodian. and the return of the Indian Ce) child to the home of the Indian child’s family. 3. (a) The Spallumcheen Indian Band shall have exclusive juris diction over any child custody proceeding involving an Indian child, notwithstanding the residence of the child. A . ( a ) The Band Council shall see that the Provisions of this by-law are carried out an may exercise such powers as are necessary to carry out this by-law including;6 (b) all a pell knucwtns re cqlmuc » wicwlt ne tsitew re tutilatn. t (c) all ? a tsuntmes es plqatam ne kwsltktnuys. * 3. (a) Tskuk ull Splatsinac î t ma7 pell t t kwamiplatn ne stsmamlt p7acw te qllmins. ! 4. (a) Re, tkwamipla ma7 yuewemins xwexwayt nray t » e ts ? qay es tsetsats kes tnmins. Page 7 . . .
(b) The Appointment of such persons to act on behalf of the Band Council in the performance of any of the duties under this by-law as the occasion may require, and (c) The making of such regulations as, from time to'time may be necessary to carry out the provisions of this by-law, including but not limiting, regulations : (i) governing the creation of special programs designed to aid in any child custody pro ceeding and in ful filling the purposes of this by-law. (ii) governing the expendi ture of band money designed to aid in any child custody proceeding and ful filling the purposes of this by-law. (iii) governing the conduct of Indian children, Indian guardians, parents, or extended family members, or any person acting on behalf of any band member in a child (b) All as kwamas wa7 swatis as alksts wa7 nehanis. » » i (c) All as nakas re tkwamiplatn a ta7us kes tsetsats. (i) as knucwas re stsmamlt wa7 t nek stames es lleqematas. (ii) all as knucwas ne sqlaw wa7 swates a tsutes asecqwelallcwu ne stsmalts. (iii) as yucwemins re ctsu7atns re stsmamlt, î re tutilatn, re qllmins, re kwsaltktns, wa7 swates k yucwaminstmes Page 8...
(iii) custody proceeding which may be necessary for the proper working of this by-law, 5. The Chief and Council shall be the legal guardian of the Indian child, who is taken into the care of the Indian Band. 6. The Chief and Council and every person authorized by the Chief and Council may remove an Indian child from the home where the child is living and bring the child into the care of the Indian Band, when the Indian child is in need of protection. 7. An Indian child is in need of protection when: (a) a parent, extended family member or Indian guardian asks the Indian Band to take care of the child. (b) The child is in a condition of abuse or neglect endanger ing the child’s health or well being, or 8 (iii) re stsmamlt as » tsetsats re tkwamiplatns. 5. Re kukpiy meta knucwtns ma7 r f t ! sqay ne cqlmucwicwlt a kwantmes te Spaltsinac es yucwamins. 6. Re kukpi7 meta T knifcwtns all wa7 swates a kwlmatns ma7 k wans re cqlmucwicwlt ? us ne mutes ma7 ts7ukwases te Splatsinac es yucwaminta a ta7us kes lecaksts us ne mutes. ? 7. Ma7 knucwata re cqlumcwicwlt : (a) re qllmins, re tutilatn a yaws re kwsaltktn a sawases re Splatsinac. (b) a ta7us kes la7s kes yucwamins re stsmamlt, us a k7apes. Page 9...
(c) the child is abandoned, or (d) the child is deprived of necessary care because of death, imprisonment or disability of the parents. 8. A person who removes an Indian child from his/her home may place the child in a temporary home, to be chosen at the discretion of the person removing the Indian child. 9. A person who removes an Indian child from his/her home shall within seven days bring the child before Chief and Council. 10. Before deciding where the Indian child should be placed, Chief and Council should consider and be guided by Indian customs and the following preferences: (i) The wishes of the Indian child, whenever, in the opinion of Band Council, the child is old enough to appreciate his/her situation. 9 / (c) a llwalentmes te xwexwayt swat. (d) a snankus, a cke7ates all a k7apes re qllmins. 8. Wa7 swates a kwantmes re cqlmucwicwlt te tsitcws ma7 yac awi7s a tntame r s t f ca7a ma7 la7es kes muts. t 9. Nek tsutsllkas ? qt ma7 ukwas re cqlmuc*wicwlt te kukpi7 ma7 tkwamiplentmas. 10. Xetaqs all ma7 kwanemes esmutens re cqlmucwicwlt ma7 ptinesmas yirana: (i) r ! e pusmas re cqlmucwicwlt as kwenacatsuts a lexlaxes awi7s. Page 10...
10 - (ii) Wherever possible, help should be given to rebuild the family, of the Indian child. (iii) In the absence of placement with the family, a preference for placement shall be given in this order to: 1) a parent 2) a member of the extended family living on the reserve. 3) a member of the extended family living on another reserve, although not a reserve to the Indian Band. 4) a member of the extended family living off the reserve. 5) an Indian living on a reserve. 6) an Indian living off a reserve. 7) only as a last resort shall the child be placed in the home of a non- Indian living off the reserve./ (ii) a la7es xwexwayt stam, as knu T cwas re qll f mins ma 7 plqatames ne kwasltktenuys. f (iii) a ta7us esla7s es muts ne qllmins: 1) ma7 mut ne qi7cas, a yaws re q"a7tsas. f 2) ma7 mut ne kwasltktns. 3} ma7 mut ne kwsaltktns nek ticwell te qlmuculucw. 4) ma7 mut ne kwsaltktns ne sm7ulucw. 5) ma7 mut ne glmuc ne qlmuculucw. 6) ma 7 mut ne glmuc ne sm7ulucw. 7) ts t uk a ta7us pell ckwanamas ma7 tntâmes nek sama7 ne sm7ulucw. Page 11...
11 - (iv) In all cases, the best interests of the child should be the deciding consideration. 11. The Chief and Council shall place the child in a suitable home. 12. Any band member of any parent or member of the Indian childTs extended family or Indian guardian may review the decision made by the Band Council to remove the Indian child from his/her home or to the placement of the child by the Band Council. 13. The person seeking a review shall notify in writing the Band Council at least 14 days before the next band meeting. 14. Upon receiving the written notice to review, Band Council shall put the question before the Indian Band at the next General Band Meeting. 15. The Indian Band, by majority vote of the band members attending at the General Band meeting shall decide on the placement of the Indian child. The decision of the Indian Band shall be governed by the considerations stated in S. 10 of this by-law.J (iv) wa7 stames ma7 llukmins re cltnmins re cqlmucwicwlt. 11. Re kukpi7 meta knucwtns ma7 f tntas re cqlmucwicwlt ne la7 tek tsitcw. 12. Wa7 swates te Splatsinac, a yaws re gllmins, re tutilatn, a yaws re kwsaltktns a ? ta7us kes xwexwistas re tkwamiplatn ma7 cqwlallcwu cu7tsa. 13. A cta7a7alltsus kswat ma7 qi7am i n t e kukp ? i7 nek upekst all musasqt te sitqt all ma7 qw7ales re glmuc. 14. A kwa7wanses re stsqay re kukpi7 ma7 xlitens re Splatsinac cu7tsa es qw7als. 15. Re Splatsinac a qw7ales, a stames k pusmas ma7 yaws ri7 k tkwamiplenta Page 12...
12 - 16. The Chief and Council shall ensure that the childfs family be advised of important changes and events in the life of the child while the child is in the care of the band. Wherever possible the responsibility for such communications shall be delegated to the Indian guardian. 17. The Chief and Council shall ensure that an assistance programme be established from time to time, which may be necessary to facilitate the stable placement of an Indian child. 18. The Indian child, the parent, member of extended family of Indian guardian may, at any time seek a decision from Band Council concerning the return of the Indian Child to his/her family, or the removal of the Indian child to the home of another Indian guardian. 19. Upon receiving written notice of an application to return or remove the Indian child, the Band Council shall consider the placement, guided by the consideration under S. 10 of this by-law to return the Indian child to his/her family or maintain the Indian child with the Indian guardian or place the Indian child in another home.; • ) 16. Wa7.stames k ctsu7etns re t ? cqlmucwicwlt, re kukpi7 meta knucwtns all ac re tutiluws ma7 r Ixcits re kwsaltktns. 17. A tlucwes re t cqlmucwicwlt, re kukpi7 meta knucwtns ma7 knucwata wa7 nek stames. 18. Wa7 ne hanes, r t e cqlmucwicwlt, reqllmins, re kwsaltktns, a yaws ac re tu t tiluws m ! a7 nas ne kukpi7 ? es nakas re tkwamipletn. Ma7 Plqilcwes re st t smamlt ne ' qllmins a yaws ne kwsaltktns. 19. Put ma7 qi7cita re kukpi7 all ma7 tkwamiplentmes cu7tsa as f plqilcs. Page 1 3 . . .
- 13 20. Any Band member, parent, member of the child’s extended family of Indian guardian may review Band Council’s decision under S. 19 of the by-law* 21. The person reviewing shall notify Band Council in writing at least 14 days before the next General Band Meeting. 22. Upon receiving written notice to review, Band Council shall put the question before the Indian Band at the next General Band Meeting. 23. The Indian Band by majority vote of the Band Members attending the General Band meeting, shall decide on the placement of the Indian child. The decision of the Band shall be made and governed by the considerations under S. 10 of this by-law. -20. Wa7 swates a ta7 as secu7tsis ma7 qw7alcu7tsa. 1 ! 21. Yiri7 tek, glmuc f ma7 qi7am ? neks u f pekst all musasqt te sitqt te kukpi7 xetaqs all ma7 qw7ales. 22. A kwa7wans re stsqay re kukpi7 ma7 tsunets re Splatsinâc neha7a ma7 qw7ales cu7tsa. 23. Stami7 re Splatsinace re p » usmas ? ma7 tsu i nets re glmuc ma7 yaws ri7 re tkwamiplatns. Page 1 4 . . .
14 This by-law was passed by an unanimous vote of Band Members at a General Meeting held June 3, 1980 held at the Timbercreek Council Hall; and anunanimous vote of Band Council, taken at that General Band meeting. Councillor (k Councillor Minister of Indian AffairsXwexwayt swat f yi7ana xwexwistas telri7 pe tsqayes. Councillor ? Knucwtn Councillor Knucwtn
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