Part II - Enacted First Nations Legislation

Decision Information

Decision Content

H1 B Y L A W N 0. 1 Whereas pursuant to Section 85.1 of the Indian Act, the Council of the St. Theresa Point Band has authority to make By-laws respecting the prohibition of the sale, supply or manufacture of intoxicants on the reserve of the Band; And Whereas under the said section of the Indian Act the Council of the St. Theresa Point Band has authority to make by-laws respecting the prohibition of possession of intoxicants on the reserve; And Whereas the Council of the St. Theresa Point Band considers it desireable and necessary for the regulation of the presence and use of intoxicants on the Reserve of the St. Theresa Point Band; Now therefore the Council of the Band with advice and consent of a majority of the electors of the St. Theresa Point Band enact as follows; Definitions : 1. In this by-law, a) "Band" means the St. Theresa Point Indian Band; b) "Council of the Band" means the Chief and Councillors chosen for the good government of the Band under Section 74 of the Indian Act or according to the custom of the Band; c) "Reserve" means all the land, the legal title to which is vested in her Majesty, that has been set apart by Her Majesty for the use and benefit of the St. Theresa Point Band, and includes any special Reserve; d) "Intoxicants" means any substance which is an intoxicant within the definition of "intoxicants" for the purpose of the Indian Act. Prohibitions : 2. A person who by himself or by any other person on this behalf a) sells, barter, supplies or gives an intoxicant to any person on the reserve, b) makes or manufactures intoxicants on a reserve, is quilty of an offence and is liable in summary conviction to a fine of not more than one thousand dollars or to imprisonment for a term not exceeding six months or to both fine and imprisonment. 3. A person who is found with any intoxicants in his possession on the reserve, is quilty of an offence and is liable in summary conviction to a fine of not more than one hundred dollars or to imprisonment for a term not exceeding three months or to both a fine and imprisonment.
Prohibitions continued: 4. Any person who keeps or causes intoxicants to be kept on the reserve in any dwelling house, building, tent or place is quilty of an offence and is liable in summary conviction to a fine of not more than one hundred dollars or to imprisonment for a term not exceeding three months or to both fine and imprisonment. Exception: Assented to by majority of the electors of the Band who voted at a special meetin of the Band on September 4, 1987, called by the Band Council for the purpose considering this by-law. Enacted by the Band Council on September 8, 1987 Councillor Councillor
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