Part II - Enacted First Nations Legislation

Decision Information

Decision Content

j. inli i r m n r r n i r o i_r\ i 1 U ri M K ± D y O io 4 r iNO . uuo r . uz SOLVENT AND GASOLINE ABUSE BY-LAW The Valley River Band Bylaw Number 1993-2 BEING A BY-LAW RESPECTING THE PROHIBITION AGAINST THE INHALATION OF SOLVENT AND GASOLINE VAPOURS WHEREAS the Council of the Valley River______ Band deems it expedient, to enact a by-law for the purpose of safeguarding its community on the reserve from the serious problems resulting from the unhealthy and destructive practice of inhaling solvents and gasoline for the sole purpose of producing euphoria, hallucinations and intoxication; AND WHEREAS paragraph 81(1), (a), (c), (d), (q), and (r) of the Indian Act, R.S.C. 1985, c. 1-5, empower the Council of a band to make by-laws to provide for the health of residents, the observance of the law and order, the prevention of disorderly conduct and juisancos, with respect to any matter arising out of or ancillary to the exercise of powers under section 81, and the imposition on summary conviction of fine or imprisonment for violation thereof ; NOW THEREFORE the Council of the Valiev River Band enacts as a by-law therof as follows: 'K
1 INJJ 1 HIN H r r H X K i L K I lu :^u4-ysô-«;^y NHK lby 3 1 3 No .003 P .03 Short Title 1. This By-law may be cited as the 1 1993-2____ Band Solvent and Gasoline Abuse By-Law". Interpretation 2. In this By-Law "intoxicating matter" includes plastic solvents, adhesive cement, cleaning agents, glue, dope, nail polish remover, lighter fluid, gasoline, paint or lacquer thinner; "intoxicating vapour means any vapour, fume or liquid that is emitted, given off or produced from an intoxicating matter; "possession" means possession as defined in subsection 4(3) of the Criminal Code. R.S., c.C-34. Prohibitions Against Inhalation 3. Every one who, for the purpose of inducing euphoria, hallucinations or intoxication (a) inhales, administers or otherwise introduces into his respiratory system, or (b) assist or causes anther person to inhale, administer or otherwise introduce into his respiratory system. an intoxicating vapour is guilty of an offence and liable on summary conviction to a fine not exceeding $ 500 or to imprisonment for a term not exceeding 60____ days or to both. Against Possession and Possession for Sale 4. (1)No person shall have in his possession any intoxicating matter for the purpose of inhaling, administering or otherwise introducing into his respiratory system the intoxicating matter. 3
i i ' u i n n n i i n i r s o l_l\ l 1JJ Z U t - a O O - 5 D ^ a nhk i 'd'v ô 13 = 48 No .003 P .04 (2)No person shall have in his possession any intoxicating m t a i r t n a t n t s e ox p r i o r for the ca t t i i n n g g , ma se p n urpose of tt d e i r n g t , o a d e p l se e i r v s e ll r i i n on n g g , or g iv d i i n s g t , r ib a u d t m i in n i g s t t e h r e ing, (i) who ho knows or has good reason to believe is of unsound mind, is impaired by alcohol, drugs or by reason of having inhaled intoxicating vapours, or (ii) who he knows or has good reason to believe will use the intoxicating matter for the purpose of inducing euphoria, hallucinations or intoxication. (3)Every one who contravenes subsection (1) or(2) is guilty of an offence and liable on summary conviction to a fine not exceeding $ 500 or to imprisonment for a term not exceeding 60 days or to both. Against Sale 5. Every one who sells, gives, administers, transports, sends, delivers or distributes any intoxicating matter (a) to a person who he knows or has good reason to believe is of unsound mind, is impaired by alcohol, drugs or by reason of having inhaled intoxicating vapours, or (b) who he knows or has good reason to believe will use the intoxicating matter for the purpose of inducing euphoria, hallucinations or intoxication is guilty of an offence and liable on summary conviction to a fine not exceeding $ 500 or to imprisonment for a term not exceeding days or to both. Exceptions 6. Sections 3, 4 and 5 do not apply to any person who (a) manufactures or sells an intoxicating matter for medical purposes, (b) inhales, administers or otherwise introduces an intoxicating vapour into his respiratory system under the supervision of a physician or dentist, or H
mi nr r n J. i\o i_ i\ i ± U - Z U 4 - 3 0 hhk lo'yo 1 Ô =4y NO .UU3 K.Ub (c) is a physician or dentist or a person acting under the direction of a physician or dentist who assists or causes another to inhale, administer or otherwise v in a t p r o o u d r u . ce into his respirator system an intoxicating THIS BY-LAW IS HEREBY made at a duly convened meeting of the Council of the Valiev River Band this 29 day of Ql ____ , 19 93 V of o ti t n h g e C i o n un f c a i v l o j ur of the By-Law are the following members being the majority of those members of the Council of the Valley R i v e r _____ Band present at the aforesaid meeting of the Council. The quorum of the Council is 3 members. Number of members of the Council present at the meeting 4 Chief/Pound 3 Lor of the Valley :id,V4° hereby certify that a true copy A o f f the foregoing By-Laiw was mailed to the Minister or Indian fairs and Northern Development at tiie District/Regional/Hull offices (as the case may be) pursuant to subsection 82(1) of the Indian Act, this 01 _ day of 02____, 19 93
 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.