Part II - Enacted First Nations Legislation

Decision Information

Decision Content

By-Law No. 2-87 Being a By-law prohibiting the sale, barter, supply or manufacture of intoxicants on the reserve of the Fond du Lac Band of Indians. WHEREAS Sections 85.1(1) (a) of the Indian Act (Revised June 28, 1985) empowers the Council of the Band to make By-laws respecting the sale, barter, supply or manufacture of Intoxicants on the Reserve and the imposition of a penalty for the violation thereof. WHEREAS the Council of the Fond du Lac Band feels the use of intoxicants on the reserve creates severe problems such as community disruption, accidents, injury or death to persons on the reserve. WHEREAS the regulations for the control and use of intoxicants on the reserve is necessary to ensure the safety, well being and health of persons on the Fond du Lac reserve. NOW THEREFORE the Council of the Fond du Lac Band of Indians enacts as a By-law the following: In this By-law 1. (a) Council means the Council of the Fond du Lac Band of Indians defined in the Indian Act. (b) Reserve means the tract of land, the legal title of which is vested in her Majesty, that has been set apart by Her Majesty for the use and benefit of the Fond du Lac Band of Indians known as Fond du Lac Indian Reserve No. 227, Fond du Lac Indian Reserve No. 228 and Fond du Lac Indian Reserve No. 229. (c) Person means anyone who is within the boundaries of the Indian Reserve as outlined in 1(b) above. 2. No person shall sell, barter, supply or manufacture intoxicants on the Fond du Lac Reserve. 3. No person shall have intoxicants in his possession on the Fond du Lac reserve for sale, barter, supply or manufacture.
2 4. Exceptions to this By-law shall be medication containing intoxicants which has been prescribed for medicinal purposes by a qualified Doctor. 5. Any person who violates any of the provisions of this By-law shall be guilty of an offense and shall be liable on summary conviction to a fine or imprisonment or both fine and imprisonment as provided in Section 85.1(4)(a) of the revised Indian Act (Rev. June 28, 1985) as follows: A fine of not more than one thousand ($1,000.00) dollars or to imprisonment for a term not exceeding six (6) months, or to both fine and imprisonment. Approved and passed at a duly convened meeting the Council of the Fond du Lac Band of Indians this^ day of CHIEF Chief/Councillor of the Fond du Lac Band of Indians, do hereby certify that a true copy of the foregoing was forwarded to> the Minister of Indian & Northern Affairs Canada pursuant to Section 851.. 1(3) of the Indian Act day of/ W ^ r / ^
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