) SHOAL LAKE BAND OF THE CREE N ATIO N B Y-LAW NO. 2-99 o f the Shoal Lake Cree Nation A By-law fo r the Preservation, Protection and M anagem ent o f Fur Bearing An im als and Other Game Preamble WHEREAS the Shoal Lake Cree Nation have the Inherent, treaty and statutory right to control and regulate hunting, trapping and fishing on their own lands; AND WHEREAS the Council o f Shoal Lake Cree Nation considers it expedient and necessary to provide for the preservation, protection and management o f Game on Shoal Lake Band lands; AND w h e r e a s the Council o f the Shoal Lake Cree Nation desires to make a by-law to govern, preserve, protect and manage game on their lands and matters ancillary thereto, and to dispense penalty for the violation thereof. THEREFORE the Council o f the Shoal Lake Cree Nation hereby enacts the follow ing by-law. Short title: 1. This by-law will be cited as “The Game Hunting By-law on Shoal Lake Band Lands". Interpretation: 2. In this by-law 2.1 “Band means the Shoal Lake Cree Nation 2.2 “Council" means the duly elected officers responsible for the making of, and the administration o f by-laws to govern the affairs o f the Shoal Lake Cree Nation people and die Shoal Lake Band lands. i 't s u r ° n N0I93H 1VH1N3D H1H0N 6 6 6 1 ' 0 1 ' ^ N
DEC 01 ..'99 13:*$ T0-13069538648 T-499 |\ 02/02 F-737 ) 2.3 “Game** means deer, moose, elk, bear and any other vertebrate animal wild by nature and/or being designated so by the Council. 2.4 “Game Officer” means an appointed officer who Is responsible for the administration and enforcement o f this by-law. 2.5 “inherent Right” means a right given by tne creator to a person or a group of people, and being Divinely given the inherent right to be passed on from generation to generation. 2.6 “Hunting" means taking wounding, killing, chasing, capturing, searching for, shooting at, stalking or ambushing any Game, whether or not the game is subsequently killed. 2.7 “Officer" means a police officer, police constable or other person charged with the duty to preserve and maintain public order and peace, or any other person appointed by the Council for the purpose o f maintaining law and order on shoal Lake Band lands. 2.8 “Lands On Reserve" means the reserves o f the Shoal Lake Cree Nation as it may exist from time to time and Includes all land added to the reserve after the date o f the By-law. 2.9 “Snare” means any device used to capture or take Game. 2.10 “Trap" means any spring trap, gin, dead fall box or net used to capture game. Administration 3. l The Council may hy resolution, appoint one or more game officers to carry out duties pertaining to the administration and enforcement o f this by-law as prescribed herein. 3.2 The council may, In the resolution, provide, for a reasonable remuneration to be paid to a game officer appointed under subsection 3.1. 4. The Council may designate any officer to perform such functions pertaining to the administration and enforcement o f this by-law as prescribed herein to be performed by a game officer. n r i q • o m -■I0 ! ? 3 y 1V y i N 50 uiyON WV£?:0l 6 6 R ! '? • oer
I 2.3 “Game9 means deer, m oose, elk, bear and any other vertebrate animal wild by nature and/or being designated so by the Council. 2.4 “Games officer" means an appointed officer who is responsible for the administration and enforcement o f this by-law. 2.5 “Inherent Right" means a right given by the creator to a person or a group o f people, and being Divinely given the Inherent right to be passed on from generation to generation C3.6 “Hunting" means taking wounding, killing, chasing, capturing, searching for, shooting at, stalking or ambushing any Game, whether or not the game is subsequently killed. 2 <jT “o fficer" means a police officer, police constable or other person charged with the duty to preserve and maintain public order and peace, or any other person appointed by the Council for the purpose o f maintaining law and order on Shoal Lake Band lands. 2.8 “Lands” means all land owned by the Shoal Lake Cree Nation by way o f treaty right, and through purchasing o f land. 2.9 “Snare" means any device used to capture or take Game. 2.10 “Trap" means any spring trap, gin, dead-fall box or net used to capture game. Administration 3.1 The Council may by resolution, appoint one or m ore gam e officers to carry out duties pertaining to the administration and enforcement o f fills by-law as prescribed herein. 3.2 The council may, in the resolution, provide, for a reasonable remuneration to be paid to a game officer appointed under subsection 3.1. 4. The Council may designate any officer to perform such functions pertaining to the administration and enforcem ent o f this by-law as prescribed herein to be perform ed by a game officer. S l I f o n N 0 I 9 3 U H1>J0N m i - l 6 6 6 1 ' O l ' ^ N
Jeneral Prohibitions on Hunting 5.1 No other person other than the Shoal Lake Cree Nation band m embers shall engage in hunting Game on Shoal Lake Band lands except as permitted by this by-law. 5 .2 Not withstanding anything in this by-law a person may, where necessary to prevent damage to private property or injury to occupants o f occupied Shoal Lake lands, hunt, take, snare, shoot, or kill Game anytime if the incident is reported, and such gam e or carcass is surrendered forthwith to the nearest game officer. 6. Subject to the provisions o f this by-law, members o f the Band may engage in hunting on Shoal Lake Band lands at tiny time. Hunting Permits 7.1 A person who is not anember o f the band may apply to the Council for a permit to hunt Game on Shoal Lake band lands and such a person shall be subject to a permit fee which can be increased when needed, to address changes o f conditions circumstances related to this by-law. 7.2 The applicant shall specify: a) the name, age and address o f the applicant; b) the date and place for which d ie permit is sought; c) the species o f Game for which the permit is sought; d) d ie specific type o f equipment used; and e) such other informadon as is required to enable the council to address the considerations as set out in subsection 7.3 and the criteria set out in subsection 7.4-. 7.3 in determining whether or not a perm it should be issued, the Council shall take into consideration: a) whether or not the applicant is a resident o f the Shoal Lake Cree Nation; b) whether or not the applicant has previously held a permit, and if so, com plied with the provisions o f die permit and any previous by-law pertaining to hunting. 7.4 Where the Council determ ines that: a) the issues o f a perm it w ill not detrimentally affect die species o f game for which the perm it is sought and the lands and properties o f d ie Shoal Lake Cree Nation; and t - d S l I t ? • ON NO 1 9 3 d 1 V O 3 0 HI J jON m i - l 6 6 6 1 ' 0 1 ' A 0 M
b) the applicant is a suitable to have a permit to hunt on Shoal Lake Band lands, the Council may issue a written permit authorizing die person to hunt on Shoal Lake Cree Nation Band lands, specifying therein the name and address o f the applicant, the time and place, the specific type o f equipment, the type o f Game species to be hunted and d ie bag limit and size o f the species o f game that may be hunted by the permit holder. c) the number o f permits already issued for the species o f game for which the permit is sought, and d) whether or not there is sufficient game o f that species on any Shoal Lake Cree Nation owned land at die time to m eet the needs o f Band Members and permit holders without detrim entally affecting that species. 7 .5 Notwithstanding the criteria and considerations 7.1, 7.2, 7.3, and 7.4, the Band from time to time may issue a special permit to allow a non-band m em ber to hunt on Shoal Lake Band lands under the supervision to trained Band outfitters and guides. 7.6 A permit issued pursuant to this section is non-transferrable. 8. A person holding a permit issued under subsection 7.4 and 7.5 shad not hunt on Shoal Lake Band lands except in accordance with the terms o f the permit issued by the Council. 9. A permit issued under this by-law is not valid if: 9.1 it is not signed by the person to whom it is issued, 9.2 the date o f expiry has been omitted, rem oved or defaced 10.1 A person hunting under authority o f a permit issued pursuant to section 7 shall have the permit on his person while hunting on Shoal Lake Band lands. 10.2 A Band Councillor or game officer m ay at any time require any permit holder who is hunting on Shoal Lake Band lands to produce his permit. 11. The Council m ay after a notice and hearing, cancel the permit o f any person where it is satisfied that; 11.1 the person has contravened the terms o f the perm it o f this by law, or 11.2 the continuation o f this permit would be detrimental to die preservation or protection o f Game animals or other game on 5 ' c e i i f ° N NO 1 D3y HiyON Wd 6661 ' ^ ' A°
• f Shoal Lake Band lands. 12. The holder o f a permit obtained through any false or misleading statement o f information made or given pertaining to any information required for the issuance o f the permit, shall be deem ed to be a holder o f a void permit and the holder o f the void perm it may be prosecuted in the same manner and with die same effect as he could be prosecuted if he were not a holder o f a permit. 13. For the purpose o f preserving Game on die Shoal Lake Band lands, the Council reserves the right not to issue a Game hunting permit to anyone during the period between January 1 and August 31. Prohibited Hunting Areas 14. No person hunting under permits shad at any time engage in hunting within the follow ing areas o f Shoal Lake Band land; 14.1 within 500 m eters o f any occupied residence on Shoal Lake Band land; 14.2 within 500 m eters o f any settlement on Shoal Lake Band land, which for the purpose o f this bydaw means any public budding situated on shoal Lake Band lands. I I f ON NO 10 3 d 1 V N 1 N 3 D H i ^ O N 66 6 ! ' 0 ! ' A° k
V ) 23.2 Subsection 23.1 does not apply where the hunting o f Game is necessary for the prevention of a) damage to private of public property, or b) injury to occupants of occupied land, if the incident is reported and the carcass is surrendered immediately to the nearest game office. 24. No person while engaged in hunting on Shoal Lake Band lands shall conceal his identity in any way, shape or form. 25. All persons engaged in hunting on Shoal Lake Band lands are subject to the rules and guidelines set down in this act and in any any amendments to this act. Conservations 26. A person shall not disturb, destroy or injure the shelter or habitat o f Game or any other game. 27. No person shall at any time engage in the hunting o f any species which may from time to time be designated by Band Council Resolution. 27. l The Council may designate a species o f Game as a protected species and impose a temporary ban on the hunting o f any species of Game under Section 26, by giving notice in accordance with subsection 27.2 and 27.3. 27.2 Notice of the ban or restriction shall be posted not less than 24 hours prior to the ban or restriction coming into force. The notice shall be posted: a) in conspicuous places in areas of Shoal Lake Band lands on which hunting is engaged in and b) in the Band Council Office and other public buildings on the Shoal Lake Cree Nation. 27.3 The notice shall specify the date and time the ban or restriction is to come into effect and cease and the particulars o f the ban or restriction imposed. 27.4 No ban or restriction imposed under this section shall remain in force for a period o f more than thirty days, unless a further ban or restriction is imposed and further notice is given in accordance with subsections 27.2 and 27.3. L 'd $1 I f O M NO!03d 1V31N33 HiHON W l ’7
Enforcement 28. A person who: 28.1 fails to observe or otherwise contravenes any provision of this by-law or any ban or restriction imposed hereunder; or 28.2 resists or wilfully obstructs a game of officer in the performance of any duty or in the exercise o f any power under this by-law, commits an offence .and is thus subject to a . penalty as set down in/section 3 .1. 29. Where an act or omission is in contravention o f $iis by-law or any ban or restriction imposed hereunder continues for more than one day such acts or omission shall be deemed to be a separate offence committed on each day during which it continues and may be punished as such. Penalty 30. A person who commits an offence under this by-law is liable on summary conviction to a fine not exceeding $ 1 ,000.00 or to imprisonment not exceeding thirty days or both. Amendment 3 1 . This by-law can be amended by the Council to suit any changes and circumstances that pertain to Game Hunting on Shoal Lake Band lands. 8 ' d 8 1 I f o n NO 193 1 V y 1 M 3 0 HI30N 66 6 1 • n r AON
t h is BY-LAW is h e r e b y made at a duly convened meeting o f the Shoal Lake Cree Nation this 4 day o f 1999* voting in favour of the By-Law are the following members o f the Council. being the majority o f those members o f the Council o f the Shoal Lake Cree Nation present at the aforesaid meeting of the Council. The quorum o f the Council is0 members. Num berof members of the Council present at the meeting / f Chief/Councillor o f the Band, do hereby certify that a “rrue copy o f the foregoing by-law was mailed to the Minister o f Indian Affairs and Northern Development at they^?//’ JW x '/ 'f' office o f the department pursuant to subsection 82( l ) o f the Indian Act, this _ / 0 _ _ day oi/\ldU*At/)<?r , 1999. 6 ‘ d eiifON N 0 1 9 3 3 1 V N 1 N 3 3 H1H 0N 666! '0!'
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.