KASHECHEWAN BAND COUNCIL JAMES BAY DISTRICT ONTARIO KASHECHEWAN, ONTARIO - POL ISO OCTOBER 9, 1984 BY-LAW No. BEING A BY-IAW TO PEL)VIDE A CURFEW FOR CHILDREN Whereas paragraphs (c ) and (d) o f s e c t io n 81 o f the Indian Act empower the Council o f th is Band to make by-law s fo r the observance o f law and order and the prevention o f d iso rd e r ly conduct and nuisances and fo r the im position o f a penalty fo r the v io la t io n th e r e o f ; And Whereas t h is Council deems i t expedient t o provide fo r a curfew fo r ch ild re n on the Reserve; NCW THEREFORE, the Council o f the Kashechewan Band o f Indians enacts as a by-law th ereo f the fo llo w in g : 1. In th is by-law , (a) " c h ild " means a person wlio has not y e t reached the age o f .16 yea rs , and fo r g re a te r c e r ta in ty a person dees not reach the age o f 16 years u n t il midnight at the end o f the day marking h is s ix teen th b irtlx lay . (b ) "parent" means a person who e x e rc is e s ca re , co n tro l and custody over a c h i ld and in clu des a person t o wlon ca re , co n tro l and custody has been granted by the order o f a court o f cciripetent ju r is d ic t io n and a person who has been entrusted w ith the care , con tro l and custody o f a c h ild , e ith e r permanently o r tem porarily , by a parent o f the c h i ld . (c ) "reserve " means the land held in tru st f o r the b e n e fit o f the members o f th is Band by Her M ajesty the Queen. 2. No c h i ld sh a ll he atsent from h is usual p la ce o f h a b ita tion , and in p a r t icu la r , no c h ild s h a ll be present in any p u b lic p la ce , roadway, p la ce o f amusement o r s to re during the liours fran ten p.m. u n t il s ix a.m. 3. No parent s h a ll knowingly o r n eg lig e n tly permit h is ch ild t o be in v io la t io n o f s e c t io n 2 o f th is By-law. 4 . S ection 2 o f th is By-law siia 11 riot lie in e f fe c t during the p eriod fran 10 .p.m. u n til 11 p.m. i f the fo llow in g day i s not one during which the ch ild i s required t o attend sch o o l. 5. S ection 2 o f th is By-law s h a ll not a jp ly i f : a) the c h i ld i s with h is parent; b) the c h i ld i s attending re lig io u s se rv ice s with h is p a re n t 's con sen t; c ) the c h ild i s p a r t ic ip a t in g in an educational program; d) the c h ild is v is i t in g , w ith hi‘s p a re n t 's consent, and remains at home lie i s v is i t in g ; e) the C ouncil by R esolu tion s p e c i f ie s that i t does not a£ply fo r a p a r t icu la r day or days such as a c e le b ra t io n or f e s t iv a l .
6. Any person who v io la te s s e c t io n 3 o r wlo encourages or a s s is t s any ch ild in tlie v io la t io n o f s e c t io n 2 sh a ll he g u i l t y o f an o ffe n c e and sh a ll be l i a b l e on suninary co n v ic t io n t o a f i ne not exceeding one hundred d o lla r s or to imprisonment fo r hot more than th ir ty days or t o both f ine and imprisonment. Approved and passed a duly convened meeting o f the Council o f tlie Kashechewan Band o f Indians th is 15th day o f O ctober, 19R4. Dan Koosees Bart Sutherland CHIEF C0U1C1 IIjOR S i n c l a i r Wynne COIMTIIIjOR COHO l LOR W i l l i e Stephen COUNCILLOR COllsO LJjOR Paul P. Wesley COUNCILLOR C U i r O l J O R *
f i and Northern Affaires indiennes * i.rs Canada et du Nord Canada Chronologie al No. - Numéro consécutif and Inuit Adairs Aftwes indiennes et inuit n w -ss/jos' File Reference — N° de réf, du dossier BAND COUNCIL RESOLUTION RÉSOLUTION DE CONSEIL DE BANDE H'Su S’- H~c£H3 NOTE: The words “ From our Band Funds” “ Capital” or “ Revenue” , whichever is the case, must appear in all resolutions requesting expenditures from Band Funds ; NOTA: Les mots "des fonds de notre bande " Capital” ou revenu” selon le cas doivent paraître dans toutes les résolutions portant sur des dépenses à même les fonds des bandes _______________________ _______ _______________________________ __________________________________ ™ l m Z L LJ i r L „ E in d ie n n e KASHECHEWAN BAM) COUNCIL Current Capital Balance Solde de capital $ DISTRICT JAMES BAY DISTRICT Committed — Engage $ PROVINCE ONTARIO Current Revenue balance Solde de revenu S----------------------------PLACE n om d e L'En d r o it KASHECHEWAN, ONTARIO POL 1S0 Committed — Engaûé S___________________ DATE DAY _ JOUR MONTH - MOIS YEAR - ANNEE DÇ HEREBY RESOLVE: DECIDE, PAR LES PRESENTES: BY-LAW NO. BEING A BY-LAW TO PROVIDE A CURFEW FOR CHILDREN Whereas paragraphs (c) and (d) of section 81 of the Indian Act empower the Council of this Band to make by-laws for the observance of law and order and the prevention of disorderly conduct and nuisances and for the imposition of a penalty for the violation thereof; And Whereas this Council deems it expendient to provide for a curfew for children on the Reserve; NOW THEREFORE, the Council of the Kashechewan Band of Indians enacts as a by-law thereof the following: 1. In this by-law, (a) "child" means a person who has not ŷ et reached the age of 16 years, and for greater certainty a person does not reach the age of 16 years until midnight at the end of the day marking his sixteqïth birthday. (b) "parent" means a person who exercises care, control and custody over a child and includes a person to whom care, control and custody has been granted by the order of a court of competent jurisdiction and a person who has been entrusted with the care, control and custody of a child, either permamently or temporarily, by a parent of the child. (c) "reserve" means the land held in trust for the benefit of the members of this Band by Her Majesty the Queen. 2. No child shall be absent from his usual place of habitation, and in particular, no child shall be present in any public place, roadway, place of amusement or store during the hours from ten p.m. until six a.m. 3. No parent shall knowingly or negligently permit his child to be in violation of section 2 of this By-law. 4. Section 2 of this By-law shall not be in effect during the period from 10.p.m. until 11 p.m. if the following day is not one during which the child is required to attend school. 5. Section 2 of this By-law shall not apply if: a) the child is with his parent; b) the child is attending religious services with his parent's consent: c) the child is participating in an educational program; d) the child is visiting, with his parent's consent, and remains at home he is visiting; e) the Council by Resolution specifies that it does not apply for a particular day or days such as a celebration or festival. 6. Any person who violates section 3 or who encourages or assists any child in the violation of section 2 shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred dollars or to imprisonment for not more than thirty days or to both fine and imprisonment. pg. 1
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ec£vt from pg.1 & COUNCILLOR COUNCILLOR A quorum for this bande consists of 5 Council Members
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.