06/2 0 9 6 / / 9 3 9 0 /9 1 9 0 :48 1 7 F : A 5 X 7 1 25 @ 0 6 0 33 4 2 6 5 6 2 6 1 0 6 474 Ka:yu/Ch L e A : N k D S B A T N R D UST SERV @00 @003 The Ka;:,yu:’k*t,liVClie:k:ttes7^yb* First Nations By-Law NO. 2 By-Law to Prohibit Intoxicants AND W HEREAS the Kar’yut’k’t'hVChezkitiesTet’h’ First Nations considers it desirous to undertake measures for the protection o f the community; AND W HEREAS die council o f the Band is desirous of declaring in effect a prohibition against the sale, barter, supply or manufacture of intoxicants in die Ka:’yu:’k’t ’h7Che:k:tles7et,h ’First Nation reserve lands; against any person being intoxicated on die reserve lands; and against any person having intoxicants in his possession on the reserve lands; and wish to provide for an exception thereto; AND W HEREAS Subsection 85.1(1) of the Indian A ct, authorizes the council of a band to make by laws: a) Prohibiting the sale, barter, supply or manufacture of intoxicants on reserve lands; b) Prohibiting any person from being Intoxicated on reserve lands; c) Prohibiting any person from having intoxicants in his possession on reserve lands: and d) Providing for exceptions to any of the prohibitions established pursuant to paragraph (b) or (c); AND W HEREAS subsection 85.1(4) of the Indian Act provides that every person who contravenes a by-law made under this section is guilty of an offence and is liable on summary conviction, in the case of a by-law made under paragraph 85.1(l)(a), to a fine of not more than one thousand dollars or to imprisonment for a term not exceeding six months or to both; and in the case of a by-law made under paragraph 85.1(l)(b) or paragraph 85.1(l)(c), to a fine or not more than one hundred dollars or to imprisonment for a term not exceeding three months, or to both; and AND W HEREAS a majority of the electors of foe Band who attended a special meeting of the Ka:,yu:,k’t ,h7Che:k:tles7et*h> First Nations on June 26.1999 called by the council o f the Ka:,yu :'k ’t’h7Che:k:tles7et’h > First Nations on June 4.1999 for the purpose of considering foe contents of fois by-law, assented to foe contrats of this by-law; NOW THEREFORE, it is hereby enacted pursuant to section 85.1 of the Indian Act: Short Title 1. This by-law may be cited as the Ka:’yu: ’k’t’h7Che:k:tles7ct’h ’ First Nations Intoxicant By-Law. Interpretation 2. In fois By-Law: “Band” means the K ai’yui’k’t’hVCherkrtlcsVet’h First Nations;
06/3 @005 06/29/9 0 9 / 99 1 0:4 1 6 7 : F 5 A 7 X 1 2 © 5 6 0 0 3 4 3 2 6 6 5 6 2 1 6 0 4 74 Ka:yu/C L h A e N : D k S B T A R N U D ST SERV @004 "Intoxicated" means being under the influence of an intoxicant; “Reserve" means all those lands defined as a “reserve” within the meaning o f the Indian Act, R.S.C. 1985, c-I-5, and set apart for the use and benefit o f the Ka:’yu:’k’t’h7Ghe:lc:tles7et’h’ First Nations and known as Houp-si-tas Reserve #6 and Village Island Reserve #1. Prohibitions 3. No person shall be intoxicated on reserve lands of the Ka: ’yu: ’kY h7Che:k:tles7et'h’ First Nations. 4. No person shall be in possession of an intoxicant on reserve land* of the Ka:‘ytt:,k,t’h7Che:k:t]es7et,h ’ First Nations. 5. No person shall sell, barter or supply an intoxicant to anyone or manufacture intoxicants on reserve lands. Exceptions 6. No person contravenes section 4 by reason only that he is in possession o f an intoxicant for the purpose o f transporting it across the reserve lands from a point of origin outside o f Reserve Lands to a destination outside Reserve Lands, provided that the intoxicant is ini a bottle, receptacle or package that is unopened and the seal unbroken. 7. No person contravenes section 3, 4 or 5 of this By-Law whore the intoxicant is possessed, used or intended to be used solely > For medicinal purposes; or > For domestic, business, commercial or other purpose that does not involve producing a state o f intoxication in any person 8. No person contravenes sections 4 or 5 of this By-Law where tbe intoxicant is possessed; used or intended to be used solely for a religious purpose that does not involve producing a state o f intoxication in any person.
06/2 0 9 6 / / 9 3 9 0 /9 1 9 0 :46 1 7 F : A 5 X 8 1 25 © 0 6 0 3 4 32 6 5 6 2 6 10 6 474 Ka:yu/Ch L e A ; N k D S B A T N R D UST SERV i l 00 0005 To: All E lectors of the Ka-.’yui’k ’t ’hVCherkitlesTet’h First Nations General Delivery Urban Membership Kyuquot, BC V0P 1J0 Your Chief and Council have decided that the time has come to determine whether the community wants its council to exercise its powers under the Indian Act to prohibit the sale and use of intoxicants on (Mir reserve lands. Section 85.1 of the Indian Act allows the Chief and Council, with agreement o f a majority of voting Band Members at a special meeting, to pass by-laws to prohibit the possession and sale of intoxicants and to prohibit any person from being intoxicated on our reserve lands. Your Chief and Council has prepared a By-Law whic h may address the intoxicants problem in our community. We are enclosing a copy of this By-law for your review and consideration. Subsection 85.1(2) of the Indian Act provides that an Intoxicant By-law has to be assented to by a majority o f dus electors of the Band, who voted at a special meeting of the Band, called by the Council, for the purpose of considering die By-Law. The Chief and Council will be holding a special community meeting for the sole purpose o f considering this By-Law. The M eeting will be as follows: June 26,1999 9:00 AM to 4:30PM Houp-Si-Tas Reserve, Cultural Centre (Location) We would ask that you make ail efforts to attend this meeting and give your views on the proposed By-Law. A vote will be taken during the meeting to see if there is enough community support to pass dûs By-Law. Sincerely, K at’y u i’K ’t ’hV C hfi^tlesT et’h ’ F irst Nations Council Councillor John Vincent 'T Y tirnJ T Co(uncil!lor Janire John Councillor Natalie Jack Hansen Councillor Cynthia Carlos
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.