MATHIAS COLOMB CREE NATION COUNCIL RESOLUTION TH E COUNCIL O F TH E MATHIAS COLOM B CREE NATION PLACE: PUKATAWAGAN, MANITOBA DATE: V - W h * 3 ___________ , 1999 W HEREAS the Council o f the Mathias Colomb Créé Nation is empowered to act for and on behalf o f the people o f the Mathias Colomb Créé Nation; AND W HEREAS the Council o f the Mathias Colomb Créé Nation met in quorum at a duly convened meeting on the Day o f V ̂ AND W HEREAS the Mathias Colomb Créé Nation has since time immemorial exercised the right to govern its own affairs; AND W HEREAS the Mathias Colomb Créé Nation’s aboriginal and treaty rights, in particular the right to self-determination, are recognized, affirmed and protected under Treaty and the Constitution o f Canada; AND W HEREAS the Council o f the Mathias Colomb Créé Nation desires to establish a by-law governing the residence o f the Mathias Colomb Créé Nation and other persons on the reserve; AND W HEREAS the Mathias Colomb Créé Nation is empowered to make such by-law by its inherent right to self-government as exercised since time immemorial; AND W HEREAS the Council o f the Mathias Colomb Créé Nation is further entitled to make such by-law and any matter ancillary thereto pursuant to paragraphs 81(l)(p.l), (q) and (r) o f the Indian Act; AND W HEREAS the Council o f the Mathias Colomb Créé Nation desires to give such by-law retroactive effect such that it will be effective for the period January 1,1993 to November 24, 1997, inclusive; NOW TH EREFO RE TH E COUNCIL OF THE M ATHIAS COLOM B CREE NATION RESOLVES AS FOLLOW S: 1. That By-law No. 10a, which may be cited as the “Mathias Colomb Créé Nation Residency By-law” be passed by the Council. g2 / / - ^ f / tf/ÏA)- * ' 2-J 6-*3 ft fcj / / J * 77 \4 1999; ’ 9 9 h f lR 1 6 P M 0 W 3 3 0 7 5 4 3
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2. That the By-law be effective for the period January 1,1993 to November 24,1997, inclusive. Quorum: n
BY-LAW NO. 10A OF THE MATHIAS COLOMB CREE NATION A BY-LAW GOVERNING THE RESIDENCE OF THE MATHIAS COLOMB CREE NATION AND OTHER PERSONS ON THE MATHIAS COLOMB INDIAN RESERVE WHEREAS the Chief and Council o f the Mathias Colomb Band also known as the Mathias Colomb Créé Nation desires to make a by-law governing the residence of the Mathias Colomb Créé Nation and other persons on the reserve; AND WHEREAS the Mathias Colomb Créé Nation is empowered to make such by-law by its inherent right to self-government as exercised since time immemorial; AND WHEREAS the Chief and Council of the Mathias Colomb Band, also known as the Mathias Colomb Créé Nation is further entitled to make such by-law pursuant to paragraphs 81(l)(p .l), (q) and (r) o f the Indian Act; AND WHEREAS it is considered necessary for the health and welfare o f the Mathias Colomb Band also known as the Mathias Colomb Créé Nation to regulate the residence o f Band members and other persons on the reserve; NOW THEREFORE the Chief and Council o f the Mathias Colomb Band also known as the Mathias Colomb Créé Nation hereby makes the following by-law: 1. This by-law may be cited as the "Mathias Colomb Créé Nation Residency By-Law". 2. In this by-law "applicant" means a person who has submitted an application for permission to be a resident o f the reserve in accordance with section 5; "Band" means the Mathias Colomb Band also known as the Mathias Colomb Créé Nation; "Child", includes a child bom in or out o f wedlock, a legally adopted child and a child adopted in accordance with Indian custom; "Chief' means the Chief, as defined in the Indian Act, o f the Mathias Colomb Créé Nation; "Council" means the Council, as defined in the Indian Act, o f the Mathias Colomb Créé Nation; "Dwelling" means any house, apartment, mobile home, or a room located therein, or any similar lodging suitable for habitation; F:\TAX\UW\FILES\DKB\ 124134\BYLAW. 1 OA. WPD
2 "Member o f the Band" means a person whose name appears on the Mathias Colomb Band list or who is entitled to have his/her name appear on the Mathias Colomb Band list pursuant to the Indian Act or the membership rules of the Band; "Officer" means any police officer, police constable or other person charged with the duty to preserve and maintain the public peace, and any by-law enforcement officer or other person appointed by the Chief and Council for the purpose of maintaining law and order on the reserve; "Principal residence" means the place at which a person resides on a more permanent basis than at any other place at which the person may reside from time to time; "Reserve" means the Mathias Colomb Indian Reserve num bers) 198,199; "Reside" means to live in dwelling, otherwise than as a visitor to the reserve; "Resident" means a person who is entitled to reside on the reserve, as provided by section 3; "Spouse" means a person who is married to, or who co-habits in a relationship o f some permanence and commitment, akin to a conjugal relationship, with a resident o f the Mathias Colomb Créé Nation. 3. (1) A person is entitled to reside on the reserve only if the person (a) has his/her residence on the reserve at the time this by-law comes into force and only until he/she ceases to have a principal residence on the reserve; (b) is authorized to reside on the reserve pursuant to one o f the following provisions o f the Indian A c t sections 18.1,20, and 24 and subsections 28(2) and 58(3); or (c) has the permission o f the Chief and Council pursuant to section 7, or of the Committee o f Elders pursuant to section 12, to be a resident o f the reserve. (2) A spouse or dependent child o f a person who is entitled to reside on the reserve under subsection (1), who actually resides with that person at or after the time the entitlement arises, is entitled to reside on the reserve until such time as the spouse or dependent child ceases (3) Notwithstanding subsection (2), any spouse or dependent child o f a person who has been granted permission to reside on the reserve for a defined period is not entitled to reside on the reserve after the end o f the defined period. F:\TAX\UW\FILES\DKB\1241 34\Bylaw. IOa.wpd
3 4. (1) The Chief and Council shall appoint a Registrar o f Residents to provide for the administration of applications, petitions and appeals made under this by-law and to maintain records related to the residents o f the reserve. (2) The Registrar of Residents shall maintain a Residents List, on which is recorded (a) the name o f each resident; (b) an indication as to whether each resident is a resident for an indefinite or defined period; (c) the length o f any defined period o f residence; and (d) the location o f each resident's dwelling. 5. (1) Any person may apply to the Chief and Council for permission to be a resident o f the reserve or to extent any defined period for which permission was previously granted to the person by the Chief and Council to be a resident o f the reserve. (2) The application shall be filed with the Registrar o f the Residents and shall include (a) the applicant's reasons for applying to be a resident; (b) i f the applicant proposes to reside on the reserve for a limited time, the approximate duration o f the proposed residence; (c) the location at which the applicant proposes to reside; (d) the name of the applicant's spouse, i f any, (e) the names of the applicant's dependent children, if any; and (f) any additional information the applicant wishes to provide relating to the considerations listed in subsection 7(2). 6. (1) Within ninety (90) days after the filing o f a properly completed application, the Chief and Council shall hold a hearing with respect to the application. (2) At least fourteen (14) days prior to the hearing, the Registrar o f Residents shall (a) give written notice to the applicant o f the date, time and place o f the hearing and inform the applicant that he/she has a right to appear at the hearing and be heard in support o f the application; and (b) post in public viewing areas and Band office a copy o f the notice. (3) At the hearing, the Chief and Council shall (a) provide the applicant with an opportunity to present evidence and to make oral and written submissions, or both, in support, o f the application; and (b) provide any resident present at the hearing with an opportunity to be heard. F:\Tax\UW \FILES\Dkb\1 241 34\Bylaw. 1 0a. wpd
4 (4) The Chief and Council may make rules o f procedure governing the hearing of applications and shall keep records o f its proceedings. 7. (1) After it has heard all o f the evidence and submissions, the Chief and Council shall meet in private to consider the application. (2) In determining whether an application for permission to be a resident o f the reserve should be granted, the Chief and Council shall take into consideration each o f the following: (a) whether the applicant has arranged for the a place to reside on the reserve; (b) whether the applicant's residing on the reserve would be compatible with the culture, society and welfare o f the citizens o f the Band residing on the reserve; (c) whether the applicant is o f good moral character; (d) the extent to which the applicant is prepared to commit his/her personal and economic resources to the welfare and advancement o f the community residing on the reserve; (e) the availability on the reserve o f adequate housing, land and services; and (f) whether the applicant is or will be employed on the reserve. (3) Where the applicant is a member o f the Band, the Chief and Council shall consider only the criteria enumerated in paragraphs (2) (a) and (e). (4) Within ten (10) days after the hearing, the Chief and Council shall dispose o f the application by (a) granting the applicant permission to be resident o f the reserve for an indefinite period until such time as the applicant ceases to reside on the reserve; (b) granting the applicant permission to be a resident o f the reserve for a defined period; (c) extending any defined period for which permission was previously granted to the person by the Chief and Council to be a resident o f the reserve; or (d) refusing the application, and shall give written notice o f its decision to the applicant, incorporating reasons in support o f its decision. (5) Within five (5) days after disposing o f the application, the Chief and Council shall post a notice o f its decision in the public viewing areas and Band Office. (6) Any applicant whose application is refused under this section may appeal to the Committee of Elders pursuant to section 12. F:\TAX\UW\FILES\DKB\124134\BYLAW. 1 OA. WPD
5 8. Where an application made under section 5 is refused pursuant to the provisions o f section 8, the Chief and Council is not required to consider any further application by the person for a period o f one (1) year from the date o f the refusal, unless the applicant can show that there has been a material change o f circumstances. 9. (1) An officer may order any person who is residing on the reserve, and who is not a resident, to cease to reside on the reserve. (2) Where a person who has been ordered under subsection (1) to cease to reside on the reserve fails or refuses to do so within thirty (30) days after the order is made under subsection (1), an officer may issue a further order prohibiting the person from being on or re-entering the reserve for a period o f sixty days . (3) Any person who fails or refuses to comply with an order made under subsection (2), commits an offence. (4) Every one who assists a person who has been ordered to cease to reside on the reserve, to continue to reside on the reserve commits an offence. 10. (1) On the petition o f any ten (10) residents, the C hief and Council may revoke the entitlement o f any person to reside on the reserve who is in section 3, other than a citizen o f the Band or a person referred to in paragraph 3(1 )(b), where, after a hearing, it has been shown that (a) the person, while a resident of the reserve, has been convicted of an indictable offence under the Criminal Code (Canada) for which a pardon has not been granted; or (b) the person, within any period o f two years while residing on the reserve, has committed two (2) or more offences under the Criminal Code (Canada), against the person or property o f another resident, for which he has been convicted and for which a pardon or pardons have not been granted; and that it would be detrimental to die best interests o f the Band to permit the person to continue to be a resident o f the reserve. (2) Within thirty (30) days after the petition referred to in subsection (1) is received by Chief and Council, the Council shall hold a hearing into the matter. (3) At least fourteen (14) days prior to the hearing, the Registrar o f Resident shall (a) give written notice to each petitioner and to the affected resident o f the date, time and place o f the hearing and informing the petitioner and the affected resident that he /she has a right to appear at the hearing and to be heard; and F:\Tax\UW\FILES\DKB\124134\Bylaw .10a .wpd
6 (b) post in a public viewing area and Band office a copy o f the notice. (4) At the hearing, the Chief and Council shall (a) provide each petitioner and the affected resident with an opportunity to present evidence and to make oral and written submission, or both, on the petition; and (b) provide any resident at the hearing with an opportunity to be heard. (5) The Chief and Council may rules o f procedure governing the hearing o f petitions under this section and shall keep records o f its proceedings. (6) After it has heard all o f the evidence and submissions, the Chief and Council shall meet in private to consider the petition. (7) Any revocation o f entitlement o f a person to reside on the reserve shall require a special majority o f three-quarters (3/4) of the Chief and Council voting in favor of the petition and shall incorporate written reasons in support thereof. (8) Within ten (10) days after the hearing, the Chief and Council shall render its decision in writing to the petitioners and the affected resident. (9) Within five (5) days after the Chief and Council decision, the Chief and Council shall post a notice o f the decision in a public viewing area and Band office. (10) A petition shall not be considered under this section in respect o f a resident who, at the time o f the petition, is under the age of sixteen (16) years. (11) No revocation o f a resident's entitlement to reside on the reserve shall affect the entitlement o f the spouse and children o f that resident to continue to reside on the reserve. (12) A resident who se entitlement to reside on the reserve has been revoked by the Chief and Council under this section may appeal the decision o f Chief and Council to the Committee o f the Elders pursuant to section 12. 11. (1) The Chief and Council shall appoint a Committee o f Elders, consisting o f five (5) Elders o f the Mathias Colomb Créé Nation, to hear appeals pursuant to section 7 and 10 and to make recommendations to the Band Chief and Council. (2) Any recommendations o f the Committee o f Elders requires the support o f at least three (3) Elders. F:\TaX\UW\FILES\DKB\1 24134\B YLAW. 1 OA. WPD
7 (3) The Committee o f Elders may make rules o f procedures governing appeals and shall keep records o f its proceedings. 12. (1) Within thirty (30) days after the posting o f a notice o f the Chief and Council's decision in a public viewing area and Band office, the applicant in the case o f section 7, or the affected resident in the case o f section 10, may appeal the Chief and Council's decision to the Committee o f Elders by filing a written request with the Registrar of Residents that the Committee o f Elders hear the appeal. (2) Within thirty (30) days after the filing o f the request, the Committee o f Elders shall conduct a hearing with respect to the appeal. (3) At least fourteen (14) days prior to the date o f the hearing, the Registrar of Residents shall (a) give written notice to the appellant o f the date, time and place o f the hearing and shall inform the appellant that she/he has the right to appear and make oral or written submissions, or both, at the hearing in support of the appeal; and (b) post in a public viewing area and Band office a copy o f the notice. (4) At the hearing, the Committee o f Elders shall (a) provide the appellant with an opportunity to present evidence and to make oral or written submissions, or both, in support o f the appeal; and (b) provide any resident present at the hearing with the opportunity to be heard. (5) After it has heard all o f the evidence and submissions, the Committee of Elders shall meet in private to consider the appeal. (6) In determining whether an appeal should be allowed, the Committee o f Elders shall take into consideration the criteria set out in subsections 7(2) and (3) in the case o f a section 7 appeal, and the criteria set out in subsection 10 (1) in the case o f a section 10 appeal. (7) Within ten (10) days after hearing the appeal the Committee o f Elders shall make written recommendations to the Chief and Council. (8) The Committee o f Elders shall give written notice o f its decision to the appellant. F:\TaX\UW\FILES\DKB\1 24134VBYLAW. 10A.WPD
g 13. ( 1 ) Within ten (10) days after the Chief and Council has received the recommendations referred to in subsection 12 (7) , the Chief and Council shall dispose o f the application by (a) granting the applicant permission to be resident o f the reserve for an indefinite period until such time as the applicant ceases to reside on the reserve; (b) granting the applicant permission to be a resident o f the reserve for a defined period; (c) extending any defined period for which permission was previously granted to the person by the Chief and Council to be a resident o f the reserve; or (d) refusing the applicant, (2) Within five (5) days after disposing o f the application, the Chief and Council shall post a notice o f its decision in a public notice area and Band office. 14. Any person who contravenes any o f the provisions of this by-law commits an offence and is liable on summary conviction to a fine not exceeding one thousand dollars ($ 1,000.00) or to imprisonment for a term not exceeding thirty (30) days, or both. F:\TAX\UW\FILES\Dkb\1 24134\BYLAW. 10A. WPD
9 15. This by-law shall have effect for the period January 1, 1993 to November 24, 1997, inclusive. THIS BY-LAW IS HEREBY enacted at a duly convened meeting o f the Chief and Council o f the Mathias Colomb Band this 'SV - day o f ^ 1 *>- > ^ ■________ , 199_L_. Councillor Councillor F:\Tax\UW \FILES\Dkb\1 24134\BYLAW. IOa .wpd
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.