Part II - Enacted First Nations Legislation

Decision Information

Decision Content

1 W K J JLV V J J J L I N Jl _L X \ O -L 1 \ i ~ i jL _L U i \ V ' INTOXICANT BY-LAW WHEREAS the Bloodvein_______ Indian Band considers it desirous to undertake measures for the protection of the community: WHEREAS the Council of the Band is desirous of declaring in effect a prohibition against the sale, barter, supply or manufacture of intoxicants on the reserve of the band; against any person being intoxicated on reserve; and against any person having intoxicants.in his possession on the reserve; and wish to provide for an exception thereto; WHEREAS Subsection 85.1 (1) of the Indian Act, authorizes the Council of a band to make by-laws: (a) prohibiting the sale, barter, supply or manufacture of intoxicants on the reserve; (b) prohibiting any person from being intoxicated on the reserve ; (c) prohibiting any person from having intoxicants in his possession on the reserve; and (d) providing for exceptions to any of the prohibitions established pursuant, to paragraph (b) or (c) ; WHEREAS 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 (1)(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 (1) (b) or paragraph 85.1 (1) (c), to a fine of not more than one hundred dollars or to imprisonment for a term not exceeding three months, or to both; and WHEREAS a majority of the electors of the Band who attended a special meeting of the Bloodvein Band on Feb.05,1991 (date) called by the Council of the Bloodvein band on Feb 05, 1991 (date) for the purpose of considering the contents of this by-law, assented to the contents of this by-law; NOW THEREFORE, it is hereby enacted pursuant to section 85.1 of the Indian Act: SHORT TITLE This by-law may be cited cis the 05-02-91 Ey-law.
2. In this By-law: "band" means the _____Bloodvein______________ Indian Band; "reserve" means the Bloodvein____________Indian Reserve number (s) _____ 1 ___________ (and - ___________ ). 3. No person shall be intoxicated on the reserve. 4. (1) No person shall have an intoxicant in his possession on the reserve. (2) No person contravenes subsection (1) by reason only that he has an intoxicant in his possession for the purpose of transporting it across the reserve from a point of origin outside of the reserve to a destination outside of the reserve if the intoxicant is in a bottle, receptacle or package that is unopened and the seal unbroken. 5. No person shall sell, barter or supply an intoxicant to any person or manufacture an intoxicant on the Reserve. Approved and passed at a duly convened meeting of the Council of the Bloodvein Band ■> dated thi s 05 d , ay of Feb 19 91. Chief Councillor Counci 1lor Councillor Jy } Councillor Councillor Councillor
Helen Cook Chief of the Bloodvein Indian Band do hereby certify that a true copy of the foregoing By-law was forwarded to the Minister of Indian Affairs and Northern Development pursuant to Section 85.1 (3) of the Indian Act, this ____ ^ day of February___ 19 91 and within four days of its being made.
p M-Jici it ici tJl I(1UU BAND COUNCIL RESOLUTION RESOLUTION DE CONSEIL DE BANDE N O T E : T h e w o r d s F r o m o u r B o n d F u n d s * ' ' C a p i t a l o r R e v e n u e w h i r ) » ' c v c 'r i B a n d F u n d s c v c r * t h c c ‘, i c ' m u s t a p p e a r i n oi l r e s o l u t i o n s r e q u e s t i n g e x p e n d i t u r e s f r om" " N O T A : L e s m o t s " d e s f o n d s d e n o t r e b a n d e " C a p i t a l " o u r e v e n u le c a s d o i v e n t p a r a î t r a d a n s t o u t e s l e s r é s o l u t i o n s p o r t a n t s u r d e s d é p e n s e t h e c o u n c i l OF THE BLOOVVEIN FIRST NATION LE CONSEIL DE LA BANDE INDIENNE AGENCY d i s t r i c t BL00VVE1N FIRST NATION PROVINCE MANITOBA P L A C E MA/s/TIOBA ~ ...... . NOM DE L*ENDROIT BL00VVE1N D A T E ' _ J ? 6 02 Api0 D A Y - J O U R M O N T H - M O I S Y E A R - A N N E E .D O HEREBY RESOLVE; DECIDE , PAR LES PRESENTES: WHEREAS; A quorum of the Bloodvein First Nation #267 Council met on this day of February 05, 1991 A.D. and WHEREAS; pursuant to the Indian Act, they are empowered to act on behalf of the Band; and WHEREAS; that on N at t i he o n 5t a h t d a ay v ot of e h F e e l b and obtained their assent to an Intoxicant By-law change, there were 42 community members in attend -ance of whom 42 assented to the Intoxicant By- _v law; and WHEREAS; the Bloodvein First Nation has met and considered the Intoxiacant By-law; and THEREFORE; be it resolved that the Bloodvein First Nation Band _ Council hereby adopts and approves the Intoxicant By-law of the Bloodvein First Nation #267 as assented to by a majority of the community members Resent. 135 (5-79) 7530-21-023-4662atn-̂ z 4> F i l e R e f e r e n c e - N ° d e r e f . d u d o s s i e r 5 4 0 0 - 3 - ^ 7 r -, «Ti.— ~ _____________CcE- T 3 L IU -A L 7 (L M Current C ap ital B alance Solde de cupito 1 _ _ ^ o m m 1 f t _ i r n a n a a ^ Current Revenue b a la n c e Solde de revenu £___ _ _ .......” Committed Eriftnôé % 91 f d r ua a r t y a 19 c 9 o 1 m mu A. n D i . t y B m l e o e o t d i v n e g in
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