u, i H ? THE SHOAL LAKE INDIAN BAND By-law No.______ _ of 1999 A BY-LAW RESPECTING LAW AND ORDER AND THE PRESERVATION, PROTECTION AND MANAGEMENT OF FISH ON THE SHOAL LAKE INDIAN RESERVE - Indian Act. R.S.C. 1-6 DRAFT BY-LAW FOR DISCUSSION PURPOSES ONLY, PREPARED BY CHERKEWICH, YOST & HEFFERNAN WHEREAS s.8 l(l)(c ), (o) and (r) and s.81(2) and (3) o f the Indian Act empower the Council o f an Indian Band to make by-laws respecting the observance o f law and order, the preservation, protection and management o f fish on the Shoal Lake Indian Reserve and to impose a penalty for the contravention thereof; and WHEREAS the Fisheries Act. R.S.C, and The Saskatchewan Fisheries Regulations passed pursuant thereto, as well as other related federal and provincial laws, do not, in the opinion o f the Chief and Council, appropriately reflect or adequately provide for the Treaty rights, local concerns and needs o f the Shoal Lake Band. NOW, THEREFORE, the Band Council o f the Shoal Lake Band o f Indians enacts as a by-law the following: ■, iv 1. DEFINITIONS In this By-law, unless the context otherwise requires: 1.1 "BAND COUNCIL" means the Council o f the Shoal Lake Indian Band. 1.2 "BY-LAW" means this By-law and includes any amendments thereto. 1.3 "FISH" includes shellfish, crustaceans and aquatic animals. 1.4 "FISHERY OFFICER" means that person so appointed by the Band Council, 1.5 "FISHING" means fishing for or catching fish by any method-1.6 "REGULATIONS" means a regulation made pursuant to this By-law. \\NTSERVKR\lJSliRS\STN_3\WORK.FII.E\l\l<KI52I ISHINGRYLAjW1!X>C i ' \/i -d m r * \ \ NO 103d 1VH1N33 HldON Hd8t: l 666 1 •PO D I S C U S S I O N D R A F T
Lv O'?N ?' Ixj'H; N I n ,* igt#!f- % .i .n ' 'r'} v -f ' ; ' ! ■ i '• '•! , ,x: • ‘ . l i ; , . V. "■ : 1 ! .r?U?1 "SHQALiLAKE INDIAN BAND WATERS” includes all water situated upon \ or within the boundaries o f any reserves set aside for the use and benefit o f the Shoal Lake Band o f Indians. - m: x • t | , ; ]:■ 1.8 ' "TREATY NO. - S ' ” 2. APPLICATION OF BY-LAW This By-law applies to all Shoal Lake Indi an Band waters. ■ > 1 '\M,K Ur * ■ ! -M x- .-! ixr, , .X ; ; N ; 3. APPOINTMENT o f f is h e r y o f f ic e r The Band Council may appoint one or more fishery officers whose duties are defined by this By-law and Regulations and whose titles are as specified in their appointments. ; >' i, • r )X / v y ' i j < x v oo.. x ;c: - ̂' X n d -■'.((# ■ ; M ' . . ! X - v ; Vi X;; - 'V ' •(;* >: :' ; K i X i t r S X . ‘ ••ri 4. FISHING ^STRICTER TO BAND MEMBERS v fib, /i XX " X ' u ■. Unless otherwise provided for in this By-law or the Regulations, no person other than 3 member o f the Shoal? Lake Indian Band shall engage in fishing upon or in Shoal Lake Indian Band waters. y v , X X - : : V , X i X ; . . x - s X * ■ ... — . Notwithstanding die preceding paragraph, an Indian, as defined by the Indian Act. Canada, 1-6, shall, upon registering with die Band Council, be entitled to share in the fish resources o f the Shoal Lake Indian Band subject only to the same responsibilities, restrictions and obligations imposed on Band members o f the Shoal Lake Indian Band under this By-law and its Regulations. 5. NON-DANGEROUS FISHING PERMITTED • " ; ' ■ f- ' , n . , . . ...... . Subject to any regulations providing otherwise, members o f the Shoal Lake Indian Band shall be permitted to engage in fishing upon or in the Shoal Lake Indian Band waters at any time and by any means except by the use o f rockets, explosive materials, projectiles, of shells. 1 : : . , 1 ■; . ' ' ‘ ' ’ 6. PROPERTY IN FISH . j Property in all fish in Shoal Lake Indian Band waters is hereby declared to be collectively vested in the Shoal Lake Indian Band, and no person shall acquire any prior or exclusive right or property in any fish otherwise than in accordance with this By-law and the Regulations. 1 ' . . , . ! ! ■ ;■ 1 , ' | \\NTSERVER\US6RS\SrN_3\WORKnLE\l\l9052HSHINGUYl./2V.nCK ‘t ' ‘5 i 01/8 'd m v ? \ x NO 1 DBS i v a l p HipON Wd8t: l 666 1 '9 'NO D I S C U S S I O N D R A F T > » ;,•
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7. OBSTRUCTION DETRIMENTAL TO FISH ; ' :' v 03 Where idamsi Obstructions;, oil objects exist which, in the opinion o f Council, appear C*' to be detrimental to fish and the owner or occupier o f such obstruction thereof does not remove the same after notice is given by:the Band Council or where the owner | | is pot a resident o f the Shoal .Lake Indian Band, or his exact place o f residence is uhjknown lo.the Barid (Bourtcil, the Band Council may. without being liable for $4?r%u. damage or indemnity to the owner or occupier, cause the dam, obstruction or object 'W-i.l !‘o detrimental tp*fish to be removed'br ;(iestrQyed,iand where notice has been given to i P f „ "V ,* ,' the owner or occupier, the Band Council may recover from the said owner or a occupier the expense o f so removing or destroying the same. f : 8. USE OF MARKERS AND BUOYS »!. sips i r ;?•*\p; p ? b Every person using stakes, posts, buoys, or other materials placed for fishing purposes, in any water shall remove the same within, forty-eight (48) hours after befcsing to; use them. -fs * ■; !■.. 9. OBSTRUCTION OF NAVIGATION : One-third (1/3) o f the width of any navigable lake, river or stream shall always be left open, and no kind o f net or other fishing apparatus, logs' or any material o f any kind shall be used or placed therein. jf 10. DESTRUCTION OF SPAWNING GROUNDS The eggs or fry o f fish on any spawning grounds in the Shoal Lake Indian Band waters shall not, at any time, be destroyed. 11. DELETERIOUS SUBSTANCE N o person shall cause or knowingly permit to pass into or put or knowingly permit to be put, lime, chemical substances pr drugs, poisonous matter, dead or decaying fish or remnants thereof, rubbish, or any other deleterious substance or thing, whether the same is o f a like character to the substances named in this section or not, in any water frequented by fish, or that flows into such water, snor in or on ice over such waters. ■■ ■ ■ • " ' . . i - ‘ ' v ' ' i f ‘ \ • r | r \\ 1 i vi. V'HNlN - . !!i Inf: if fell dm pnjff ; ,;:|i j / , 1 fi f i l l f i i \\NTSeRVER\USliRS\STN_3\W0RKMLUU\l 90S2I'1SHINOUYI./^V IXX' 0 1 / f d 10 Z. 2 '0 N N0193H 1VHIN30 HldON Wd6f-1 666 1 '9 'U>0 D I S C U S S I O N D R A F T
12. POLLUTION No,person engaging in farming, ranching, logging, lumbering, land clearing or other operations shall put or knowingly permit to be put any farm chemicals, animal waste, or animal by-products, slush, stumps or other debris into any water frequented by fish or stream that flows into such water, nor in or on the ice-over such water, or at a place from which it is likely to be carried into such waters.!, i , , m-}?. 13. FISH ADVISORY COMMITTEE The Band Council may, in each year, appoint a fish advisory committee consisting o f not more than eight (8) members who shall meet upon the request o f the Band Council and shl act in an advisory capacity to the Band Council on matters o f general interest respecting the carrying out o f the provisions o f this By-law or Regulations. The members o f the fish advisory committee shall receive such remuneration as the Band Council may determine. 14. AGREEMENTS The Band Council may enter into and carry out the terms o f an agreement with any person, persons; corporation, or government for the purposes o f protecting, managing, conserving, or encouraging the propagation o f fish or for the purpose o f encouraging programs to promote education or other conservation-oriented programs related to fish or fishing. 15. SUSTENANCE FISHING Notwithstanding anything to the contrary in this By-law or the Regulations, the Chief and Council or a fishery officer authorized by the Chiejf and Council may issue a permit to a person who is not a Band member permitting liim to take such fish as may be necessary for; the purposes o f providing food for him self and his family. ®i 16. SALE OF FISHING RIGHTS Is.jT I Subject to this By-law and the Regulations, no Band member shall directly or indirectly dispose, sell, trade, barter, or offer for sale, e dr barter his right to take fish from the Shoal Lake Indian Band waters to a person other than a member o f the Shoal Lake Indian Band whether ordinarily a resident on or o ff the Shoal Lake i m I r R e s e r v e ] | l | j i j P i|lPui-ih'l \\NTSERVERVUSCRSVSTN_3\WORKFILE\l\l‘)052FlSl!IN<il)YL/4V.l)(K’ fcl- : l;, 1 i: ; ■ V 01/S 'd N NOlDr'd 1VHJ.N30 HiWON • Wd61 6661 ‘9 '130 D I S C U S S I O N D R A F T
i '**. .1 ■ ■ • v' V l* M i ■ : " ■ ■ , } H i: \>! . ■*.:**: V ' ';!>■- : l . 1 ' >- ; •: 17. OBSTRUCTING FISHERY OFFICER No person shall obstruct, hinder, delay, or interfere with a fishery officer in the discharge o f his duty. ; i ■ 18. POW ERS OF FISHERY OFFICERS i A ll fishery officers have the powers of peace officers to enforce this By-law and \ ! Regulations and shall be entitled, while performing their duties, to all tire protection to which peace officers are entitled under the Canadian Criminal Code and its amendments. ■ ■. ( ■ .■;>... 19. REGULATIONS The Band Council may, by appropriate Band Council Resolution(s), make regulations for carrying out the purposes and provisions o f this By-law and, in particular, but without restricting the generality o f the foregoing, may make regulations providing for: . , : !:• / ■‘ ' V. it ■■ " :■ .!,,■■■■ •>- ■ , 19.1 the proper management and control o f fisheries; 19.2 the conservation and protection of fish; 19.3 the catching, loading, landing, handling, transporting, possession, and disposal and sale o f fish; 19.4 the operation o f fishing vessels whether motor- equipped or otherwise; 19.5 the use o f fishing gear and equipment; 19.6 the obstruction and pollution o f any waters frequented by fish; 19.7 the conservation and protection o f spawning grounds; 19.8 the closing or varying o f any closed time for fishing; ! 1 | | ' ' ; . ■ | | . 19.9 the fishing quota that is to be permitted from time to time; ' 1 \\NTSERVER\USERS\.SiWf^V I i i \i^()52P)S»!INGBVLy^V.!>OC i 01/ 9 'd m r * w NO 193d IVdlNBO HldON Wd6t: t 666 1 '9 'PO D I S C U S \ S I O N D R A F T
j ■?■}'* v. ■ } : ■ T ‘ ̂ ' : v • i ; ' '■ • ! " i • v v yf > ■! .v ; ' / ’ | • . ■. - . . 39.10 .the powers and duties o f fishery officers engaged or employed in the administration or enforcement o f this By-law and Regulations providing for • the carrying out of those powers and duties: 19.11 ':any matter arising out o f or ancillary to the exercise o f powers under this . By-law.. ■ . Regulations shall be effective from the date stipulated in the BCR providing for the said Regulations and shall apply to those waters o f the Shoal Lake Indian Band as may be specified therein. • , Copies o f all regulations passed pursuant to this By-law shall be posted in the Band Office o f the Shoal Lake Indian Band and at two other conspicuous places on the Reserve. The BCR ihay^authorize such additional posting or advertising as the Band Council in its sole discretion may determine. 20. INJURY TO BAND PROPERTY N o person shall injure or damage property belonging to the Shoal Lake Indian Band, andno person shall’injure or remove any notice, sign or sign board erected, placed or maintained by or on behalf o f the Band. • 1. 21. PENALTIES -L-, ■, ,-.L. u- \ ;* • h ' ' J . ' M 'MC- f l ' ’ ‘r ■ : pr* • \ V^-' ; ’i'- ■ jUy- ;?i < V Anyone who violates, attempts or prepares to violate any provision o f this By-law or any regulations passed pursuant hereto is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding ONE THOUSAND ($1,000.00) DOLLARS or imprisonment for a term not exceeding thirty (30) days, or both. Notwithstanding any other penalty provided for by this| By-law, a Band member, upon conviction for a violation, shall automatically, upon the conviction being registered and no appeal being taken, lose his right to use the fish resources o f the Shoal Lake Indian Band waters unless and until that right has been reinstated upon application by the member to the Band Council. 22. JOINT AND SEVERAL LIABILITIES Unless otherwise specified, every proprietor, owner, agent, tenant, occupier, partner, or person actually ip charge, either as occupant jpjr. sery u jointly arid '^ ^ a ily liiaB le for any violation bftne'pphro'^Vii îon ̂o f this By-law or any regulations passed pursuant hereto. ■!’ . \VNTSERVER\USERSVStN|yW0̂ KFiLE\l\i9()S2K|5iHINOBVl,̂ y.lX>C JiijIH 1 "■ \ / l *d m r * w N0I9]H IVdlNBO HIapN H.dOS: l 666 1 '9 'PO D I S C U S S I O N D R A F T
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23. ENFORCEMENT . Except insofar as otherwise specified in this By-law or Regulations ,hereto, all f penalties and forfeitures incurred under this By-law or Regulations hereto, shall be recoverable and enforceable by summary proceedings taken under the provisions o f ( i i the Criminal Code o f Canada relating to summary convictions. ( 24. CONTINUING VIOLATION Should any contravention o f this By-law or the Regulations hereto continue for more than one day, then each day during which such contravention shall continue constitutes a separate offence and may be punished as such. r; ’ \ : ‘ I;.: ' / ■ , 25. PROHIBITION Where this By-law or any regulations passed pursuant hereto is contravened and a conviction entered, in addition to any other remedy and to any penalty imposed by the By-law, the Court in which the conviction has been entered, and any Court o f competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition o f the offence by the person convicted. 26. INJUNCTIONS Where this By-law, its amendments or any regulations passed pursuant hereto are contravened, in addition to any other remedy and to any penalty imposed by the , By-law, such contravention maybe restrained on the application o f the Band Council to the appropriate Court. 27. TREATY This By-law is subject to the terms o f Treaty No. , and nothing in this By-law or the Regulations shall be construed to interfere, restrict or otherwise impair, either directly or indirectly, any Treaty rights or benefits accruing either at law or equity to the Shoal Lake Indian Band or its members. In th6 application o f Treaty No. to this By-law, the said Treaty shall be construed n o t; jiicc^ding to the technical meaning of its W^rdsi but in the sense in which it tS'fcd hasj bC^ naturally understood by the Indians, at this time and in the past. ii i I» : ! l i t N i ijilliljM1 4*! li riiri l iNii l i i lNi i i l l l i iN-\\NTSERVER\tlSER,S\.STN_3\WORIvF!l.l-!\l\ 190521'ISI IINGDYLAJIV.DOC i/8 'd m i ' W NC i 03b IVHiNHQHi JON JdOS: 666 1 ’9 - m D I S C U S S I O N D R A F T
Mi 28. OTHER LEGISLATION All federal or provincial laws which are inconsistent with the By-law or the Regulations shall, to the extent that such laws are inconsistent with this By-law, the Regulations or Treaty No. ** S . have no applicatiori to this By-law and the Regulations. ! i ' / ! , !V. . . . ; ';/• S; : 29. This By-law may be cited for all purposes, as "THE FISHING BY-LAW". CONSIDERED and PASSED by the Shoal Lake Indian Band Council on the l9 day o f a .D. 1999. Chief > 1 VI i :' j; ,J , , i « ] ■ t- : h : l ' , !( i ‘ L : -i i it ;• r , i Wt$mveR\USE<lS\Sr̂ _3\iVOflKFlI‘E\I\I9052riSn!̂ CfB̂ L>lgV.D6c: oi/6 -d I- r '■"A h NGI03d 1VH1N30 HldOM M i '-l 6661. ;T PO D I S C U S S I O N D R A F T
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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.