Part II - Enacted First Nations Legislation

Decision Information

Decision Content

29. NOV 77 O 13066 STONEY TRIBE OF INDIANS BY-LAW NO. 1 Being a by-law respecting law and order and the prevention of disorderly conduct. Whereas Section 81 (c), (d), (g) and (r) of the Indian Act enpowers the Tribal Council to make by-laws respecting the observance of law and order, the prevention of disorderly conduct and nuisances, and matter ancillary thereto and the imposition of a penalty for the violation thereof. Now therefore the Stoney Tribal Council of Indians makes as by-law thereof as follows in: 1. In this by-law: (a) "Stoney Tribal Council11 means the combined Band Councils of the Bearspaw, Chiniquay and Wesley Bands. (b) "Public Place" includes any place to which the members of the Stoney Tribe of Indians or the General Public has access as of right or by invitation express or implied; and (c) "Special Constable" means a person appointed pursuant to Section 38 of the Police Act, Chap. 44 of the Statutes of Alberta, 1973, for the purpose of maintaining law and order on or about the Stoney Indian Reserves. 2. No person shall cause a disturbance in or near a public place. (a) By fighting, screaming, shouting, swearing, or using insulting or obscene language. (b) By being intoxicated. (c) By impeding or molesting other persons. 3. No person shall expose or exhibit any indecent exhibition in a public place or commit any act in a public place which offends against public decency or order. 4. No person shall loiter in a public place or in any way obstruct persons who are there. 5. No person shall disturb the peace and quiet to the occupants of a dx^elling house by discharging firearms or by other disorderly conduct in a public place, or dwelling house. 6. No person shall without lawful excuse, the proof of which lies upon him or her, prowl or loiter by day or night upon the property of another person near a dwelling house situated on that property without the owner’s permission either express or implied.
7. The special Constable shall have the power and authority to arrest any person who violates any of the provisions of this by-law* 8. No person shall resist or wilfully obstruct a special Constable in the execution of his duty in arresting a person or in preserving the peace after having reasonable notice that he is required to do so. 9* No person shall omit without reasonable excuse to assist a special Constable in the execution of his duty in arresting a person or in preserving the peace after having reasonable notice that he is required to do so. 10. By-law No. 1, being a by-law to provide for the observance of law and order and for the prevention of disorderly conduct and nuisance on the Stoney Indian Reserves passed this 15th, day of November, 1977, by the Council of the Stoney Tribe of Indians. 11. Any person who violates any provision of this by-law shall be guilty of an offense and shall be liable on summary conviction to a fine not exceeding $100.00 (one hundred dollars) or to imprisonment for a term not exceeding 30 (thirty) days or both fine and imprisonment. CHIEF BEARSPAW CHIEF CHINIQUAY CHIEF WESLEY Bill McLean Alvin Two Youngmen John Snow COUNCIL COUNCIL COUNCIL Bill Ear Sr. Terence Powderface Felix Poucette Dave Bearspaw Wilfred Mark Tina Fox Webster Lefthand L. Crawler
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