Part II - Enacted First Nations Legislation

Decision Information

Decision Content

$j>MAQ j^|Lt /& " BY-LAWS FOR INTOXICANTS Whereas a majority of the electors of the Band who attended a special meeting of the Annapolis Valley________ Band on December 17» 1985_______ (date) called by the council of the Annapolis_Va 11 ey__________ band on December 11, 1985 ( date ) for the purpose of considering the contents of this by-law, consented to the contents of this by-law. And whereas the Annapolis Valley________ Band Council considers necessary special measures for the protection of the inhabitants of the reserve(s) of the Annapolis______ Valley_______ Band from the presence of intoxicants: Now therefore, it is hereby enacted pursant to section 85.1 of the Indian Act: Definitions 1. In this by-law "intoxicants" includes alcohol, alcoholic, spiritous, vinous, fermented malt or other intoxicating liquor or combination of liquors and mixed liquor a part of which is spiritous, vious, fermented or otherwise intoxicating and all drinks or drinkable liguids and all preparations or mixtures capable of human con­ sumption that are intoxicating. (Definition must be consistent with definition in the Indian Act.) Private Dwelling - includes individual's home and surrounding land so designated for him by the Band. Prohibition on Sale, Barter, Supply or Manufacture 2. Everyone who sells, barters, supplies or manufactures intoxicants on the reserve)s) of the Annapolis______ Valley______ Band is quilty of an offence punishable on summary conviction. . . . / 2
- 2-Exceptions to 2. 3. Not withstanding Section 2, no offense is committed against this by-law where: a. Band designate established approved retailer to sell only Beer,.wine. b. Any "Band celebration" deemed as necessary by the majority electors at a special Band meeting. Prohibition Against Intoxication 4. Everone who is intoxicated on the reserve(s) of the Annapolis Valley____ Band is guilty of an offence punishable on summary conviction. Exceptions to 3. 5. Not withstanding section 4 , no offence is committed against this by-law where a person is found intoxicated in his home or in a private dwelling to which he has been invited. 6 . Not withstanding section 3, no offence is committed against this by-law on the following days: Date or Name Indian Summer Games Festival Canada Day Celebrations Any "Band Celebration" deemed as necessary by the majority electors, at a Special Band Meeting. Prohibition on Possession of Intoxicants 7. Everyone who is found in possession of intoxicants is quilty of an offence punishable on summary conviction. Exceptions to 7. 8. Not withstanding section 7, no offence is committed against this by-law if such possession is for medicinal purposes, the proof of which lies on the person in possession. 9. Not withstanding section 7, no offence is committed against this by-law if the person in possession is transporting the intoxicants in an unopened state across the reserve to a destination beyond the reserve boundary. . . ./3
O C K ol /A - 3-10. Not withstanding section 7, no offence is committed against this by-law if the person in possession is transporting the intoxicant in an unopened state a- cross the reserve to his or her home or if the person has possession in his home. 11. Not withstanding section 7, no offence is committed against this by-law on the following days: Date or Name Indian Summer Games Festival Canada Day Celebrations Any "Band Celebration" deemed as necessary by the majority electors, at a special Band meeting. Penalties 12. For greater certainty, the penalties for contravention of this by-law are set out in the Indian Act. e
Indian and Northern Affaires indiennes Affairs C in ada et du Nord Canada Chronological No. - Numéro coneec ut i l Inc" *nd Inuit Affairs Affaires indiennes et inuit F ilé R «f«r «n c t N ° dm ra t, du dooé t BAND COUNCIL RESOLUTION ts <-f ̂ /ù> û RÉSOLUTION DE CONSEIL DE BANDE N O T E : T h e words From our Bond F u n d s " " C a p i t o l " or " R e v e n u e " . w h ich ovo r is tho c o s t , must oppoor in o i l ro so lu tion s req u estin g exp en d itu res from Band Funds N O TA : Las m ots " d o s tondm no tre bmndm , tCopitm ll t ou r e v e n u " s e lo n le ceo dotvani po tu i t dons tou tes le e résolut ion a portant ou t a d ep en eee à mam a laa fonda daa bandas th e c o u n c il of th e LE CONSEIL DE LA BANDE INDIENNE ANNAPOLIS VALLEY BAND Current Capital Balance Soldé cëpilël $ AGENCY DISTRICT NOVA SCOTIA DISTRICT p r o v in c e n o v a s c o t i a Current Revenue balance PLACE NOM DE L*ENDROIT CAMBRIDGE I R # 32 DATE ----------barter --------- BfiSSltefr- * ° ' ïfôrrawi DO HEREBY RESOLVE: DECIDE, PAR LES We, the Council of the Annapolis Valley Band on behalf of the majority electors of the Annapolis Valley Band hereby, submit for ap­ proval, the attached "BYLAW" concerning Intoxicants on the Annapolis Valley Band Reserve, in Cambridge. The "BYLAW" to be approved as written,including exceptions as per paragraphs titled "Exceptions To 2 and Exceptions To 3. The Band operates under the Indian Act section 85.1.
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