Part II - Enacted First Nations Legislation

Decision Information

Decision Content

SQUAMISH INDIAN BAND BY-LAW NO. 13, 197S A BY-LAW TO REGULATE THE TIME DURING EACH DAY DURING WHICH CHILDREN SHALL NOT BE ON UNALLOTTED RESERVE LAND UNLESS IN THE COMPANY OF A PARENT. The Squamish Indian Band Council in a meeting assembled on the 1st day of October , 1979 pursuant to Sections (c), (d), (p), (q) and (r) of S.81 of the Indian Act, R.S.C. 1970 Ch. 1-6, hereby enacts as follows: PART I - TITLE This by-law may be cited as the "Curfew By-law , 1979" PART II - DEFINITIONS 1. "band" means the Squamish Indian Band; 2. "band constable" means any person so designated by the Council of the Squamish Indian Band; 3. "child" means any person of the age of 16 years or less, or of the apparent age of 16 years or less ; 4. "parent" means a natural parent, guardian, or any person who has in fact or in law the custody or control of any child; 5. "peace officer" means a police officer, police constable, or other person employed for the preservation and maintenance of the public peace; 6. "unallotted Reserve land" means any land situate within the boundaries of the Reserves of the Squamish Indian Band except those lands that have been allotted or rented to individual band members and are being used for residential accomodation. PART III - APPLICATION This by-law applies within all of the Reserves of the Squamish Indian Band, including, without restricting the generality of the foregoing, those Reserve lands that have been surrendered for the purpose of the granting of leases, rights-of-way, and easements. PART IV - CURFEW 1. No child shall be on unallotted Reserve land between the hour of 11:00 p.m. of one day and the hour of 5:00 a.m. on the next succeeding day unless such child is in the company and under the direct super­ vision of a parent.
2 2. A peace officer or band constable who finds a child contravening the provisions of paragraph (1) may take such child to that child's home. 3. Every parent of a child shall exercise sufficient control over that child to ensure that the child observes the curfew provided for in this by-law. PART V - SEVERABILITY 1. If a Court of competent jurisdiction declares any section or part of a section of this by-law to be invalid, such section or part of a section shall not be construed as having persuaded or influenced council to pass the remainder of the by-law and it is hereby declared that the remainder of the by-law shall be valid and shall remain in force. 2. Parts and titles are for convenience only and are not to be construed as part of the by-law. PART VI - PENALTY Any parent whose child fails to observe the curfew provided for in this by-law is guilty of an offence and is liable on summary conviction to a fine not exceeding the sum of $25. CONSIDERED AND PASSED by the Squamish Indian Band Council on the 1st day of October , 1979. Chief Philip Joe______ _____ Chief Chief Chief George Jacobs_________ __________ Councillor Councillor Simon Baker _____Glen Newman Councillor Councillor Lance A. Baker _____Lois Guss Councillor Councillor Chief Gordon Band _____Ross George Councillor Councillor Sam Baker ___________ __________ Councillor Councillor Richard Williams _________ Councillor Councillor
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