SIKSIKA NATION POLICING BY-LAW Third Reading of Council A by-law enacted pursuant to the Indian Act RSC 1985, c. 1-5 and to Treaty No. 7, 1877, by the Council of the Siksika Nation on June 11, 18 & 25, 1991. SKA-0567J25
(Description) A BY-LAW to provide for the provision of police services on the Blackfoot Indian Reserve No. 146 in the Province of Alberta: (Preamble) WHEREAS the Council of the Siksika Nation has determined it is desirable that a community based police service be established for the Siksika Nation; AND WHEREAS the Siksika Nation had, in traditional times, maintained order in their society and have promised by treaty with the Crown that they will continue to do so; AND WHEREAS Treaty 7, 1877, provides that the Siksika Nation then referred to as the Blackfoot Indians promised that they will maintain peace and good order amongst themselves and between themselves and others; AND WHEREAS Section 81(1) of the Indian Act RSC 1985 c.I-5 empowers a Council of an Indian Band to make by-laws for the observance of law and order, any matter ancillary thereto, and the imposition of a penalty for the violation thereof; (Enactment) NOW THEREFORE, the Council of the Siksika Nation enacts a by-law as follows: TITLE 1. This by-law may be called the Siksika Nation Police Services By-Law. DEFINITIONS 2. In this by-law a) "Siksika Nation" means the Blackfoot Band of Indians; b) "Council" means the Chief and Council of the Siksika Nation; c) "Reserve" means those tracts of land, the legal title to which is invested in Her Majesty, that have been set apart by Her Majesty for the use and benefit of the members of the Siksika Nation, and includes designated lands, any lands in which the Siksika Nation holds a residual interest, and any other lands set apart by Her Majesty for the use of the Siksika Nation pursuant to a treaty land claim; d) "Board" means the Siksika Nation Police Services Review Board established pursuant to this by-law to hear appeals from a disciplinary decision by the Chief of * Police concerning a police officer or by the Commission concerning the Chief of Police; e) "Commission" means the Siksika Nation Police Commission established pursuant to this by-law;
f) "Police Officer" refers to a person who i) is appointed as a police officer but does not include an auxiliary constable, and ii) is a member of the Siksika Nation Police Service; g) "Auxiliary Constable" refers to a person who i) is appointed as an auxiliary constable, and ii) is a member of the Siksika Nation Police Service; h) "Police Service" means the Siksika Nation Police Service as established by this by law; i) "Review Board" means the Siksika Nation Police Services Review Board as established by this bylaw. POLICE SERVICE (Establishes police service) 3. The Council hereby establishes the Siksika Nation Police Service. (Administration of Justice) 4. The Police Service, the Chief of Police, and police officers, employed with the Police Service shall act under the direction of the Attorney General of Alberta in respect of matters concerning the administration of justice. POLICE COMMISSION (Establishes police commission^ 5. The Council hereby establishes the Siksika Nation Police Commission. (Commission administration) 6. The Commission shall consist of not fewer than three members and not more than seven members who shall be appointed by Council and a) only one member of the Commission may be a member of Council or a Siksika Nation Employee where the Commission membership is four members or less, or b) two members of the Commission may be members of Council or Siksika Nation employees where the Commission membership is five members or more. 7. The term of office for a person appointed to the Commission shall be two years or such longer term as Council decides. 2
8. To be eligible to be a member of the Commission, a person must: a) be a member of the Siksika Nation who is resident on the Blackfoot Indian Reserve or within the vicinity of the Blackfoot Indian Reserve. b) be of good character, and c) have no criminal record or be eligible to be granted a pardon. 9. Notwithstanding subsection 8 a), Council may appoint one non-Siksika member to the Commission. 10. A member of the Commission may be reappointed during or after the conclusion of his term as a member of the Commission. 11. If a person who is a member of Council is a member of the Commission, that person’s appointment to the Commission terminates upon that person’s ceasing to be a member of the Council. 12. Any member of the Commission may resign by sending a written notice of resignation to the Commission and the date of resignation shall be the date the letter of resignation is received. 13. A revocation of an appointment of a member to the Commission may only be made by majority vote of Council for cause. 14. Revocation for cause of appointment includes where a Commission member a) is absent from three consecutive meetings of the Commission unless the absence is authorized by the chairman or by resolution of the Commission, b) discloses Commission business without the consent pf the chairman or by resolution of the Commission, c) acts in a manner that is detrimental to the operation of the Commission or demonstrates unethical behaviour, or d) is no longer eligible to be a member of the Commission as required by section 8. 15. The members of the Commission shall elect from amongst themselves at the beginning of each year a chairman and a vice-chairman. 16. The position of chairman: a) shall not be occupied by a member of Council or a Siksika Nation employee, and b) if vacant, shall be filled with a permanent or temporary appointment before the Commission deals with any public complaint. *17. Council may make provision for the payment of a honorarium or allowance to the members of the Commission. 18. The Commission shall keep a written record of: 3
a) executive minutes of its meetings, b) its decisions, c) its budget and annual plan, d) reports of any inquiries, and e) any other subject the Chairman directs. 19. All persons appointed to the Commission shall take the oath set out in Appendix 1 and shall participate in a Siksika ceremony confirming the responsibility of the office to the Siksika Nation. (Commission jurisdiction) 20. The Commission shall be responsible for the general supervision of the Police Service subject to the right of Council to: a) appoint the members of the Police Commission, b) approve funding of the police services, c) refer polices and by-laws which have enforcement implications to the Commission for consideration and recommendation, and d) subject to this by-law, prescribe the ra ) les governing the operation of Commission including a code of ethics for Commission members. 4 21. Hie Commission shall establish policies not inconsistent with the policies of the Siksika Nation established by Council. 22. The Commission shall oversee the Police Services and for that purpose shall: a) allocate the funds that are provided by the Council, b) establish policies providing for efficient and effective policing, c) issue instructions as necessary to the Chief of Police in respect of policies for efficient and effective policing established by the Commission, d) ensure that sufficient persons are employed for the purposes of providing police services, e) assess the requirements for police services through consultations, research, studies and inquiry, and f) make plans and recommendations for the improvement of police services for the Siksika Nation. 23. The Commission in consultation with the Chief of Police shall cause to be prepared; 4
a) an annual budget for the operation of the police service, and b) a yearly plan specifying the police services and programs to be provided in respect of the Siksika Nation, and shall submit the budget and plans to the Council. 24. The Commission in consultation with the Police Chief shall provide information to the Council to enable it to assess the operating and financial requirements of the Police Service. 25. The Council is solely responsible for the approval of the budget for the police services and the Commission is solely responsible for allocating the funds as approved by Council. 26. The financial management of the police services funds shall be under the financial administration of the Siksika Nation in accordance with the allocation of funds by the Commission. 27. The Chief of Police and the police officers are subject to the jurisdiction of the Commission and shall obey the directions of the Commission. 28. The Commission or any of its members shall not issue instructions to a police officer other than to the Chief of Police. 29. The Commission may establish polices not inconsistent with the by-law. 30. The Council or any of its members shall not, except as permitted by this by-law, a) perform any function or exercise any control over the Police Service that the Commission is empowered to exercise; or b) issue any instructions to the Chief of Police or a police officer or member of the police service. 31. The Siksika Nation is the employer of the members of the Police Service. 32. For greater certainty, where members of the Police Service are to be laid off for reasons other than for cause, the lay offs shall be made by the Commission and not by Council. 33. The Siksika Nation is liable for any actions of the Commission and the Police Service incurred in the exercise of duty. (Commission inquiries") 34. The Commission may conduct an inquiry into any matter respecting the Police Service or the actions of the Police Chief, any police officer, or other person employed with the Police Service. 35. The Commission may designate from among its members a committee of one or more persons to conduct an inquiry. ' 36. Where more than one person is to conduct an inquiry under this section, the Commission shall designate one of its members to act as the chairman of the inquiry. 5
37. Where the inquiry concerns the requirements for police services and relevant subjects, the inquiry, if conducted as a hearing, shall be open to the public. 38. Where the chairman of the inquiry is of the opinion that there is sufficient evidence that the actions of a specific police officer may constitute a breach of discipline of the Code of Ethics and Discipline or the performance of duty of police officers, he shall report that matter to the Commission. 39. On receiving a report under section 38, the Commission shall refer the report to the Chief of Police who shall proceed to have the actions of the specific police officer dealt with under the discipline provisions of this by-law. 40. Notwithstanding that a report is made under section 38, the persons conducting the inquiry may continue but shall not make any recommendations concerning the matter which is being dealt with under the discipline provisions of this by-law. 41. When an inquiry is complete, the chairman of the inquiry shall provide a written report of the findings of the inquiry to the Commission. 42. The expenses of an inquiry conducted under this section shall be paid for from the budget approved for the Commission. CHIEF OF POLICE AND POLICE OFFICERS (Eligibility) 43. To be eligible to be appointed as a police officer, other than the Chief of Police, a person must; a) be a Canadian citizen or lawfully admitted to Canada for permanent residence, b) be 18 years of age or older, c) be of good character, d) have no criminal record or be eligible for a pardon, and e) meet other qualifications specified by the Commission. 44. To be eligible to be appointed as Chief of Police, a person must: a) be eligible to be appointed as a police officer, and b) have a minimum of five years experience as a police officer with a police service in Canada, and c) have administrative or managerial experience or equivalencies. YAppointment) 45. The Commission may appoint for the Siksika Police Service 6
a) police officer candidates who shall be police officers upon receiving an appointment as a constable and peace officer, and b) upon the approval of Council, the Chief of Police. 46. Each police officer appointed under this section shall, before commencing his duties, take the oath set out in Appendix 2 and shall participate in a Siksika ceremony confirming the responsibility of the office to the Siksika Nation. 47. The Commission may establish a probationary period of service for a person who is a) appointed as a police officer, or b) appointed or promoted to a position of higher rank within the police service. 48. The Commission may establish an auxiliary officer program as part of the Police Service. (Dismissal) 49. A police officer may be dismissed by the Chief of Police for disciplinary reasons pursuant to the disciplinary procedures of this by-law. 50. The Commission may terminate the services of a police officer for other than disciplinary reasons. (Territorial jurisdiction) 51. The Commission may restrict the territorial jurisdiction of any police officer of the Police Service. 52. Where the territorial jurisdiction of a police officer is restricted under section 51, that police officer may, notwithstanding that restriction, carry out his functions and exercise his powers beyond that jurisdiction if he is in immediate pursuit of a person who he has reasonable and probable grounds to believe has committed an offence against any law that the police officer is empowered to enforce. 53. Every police officer of the Police Service has the responsibility and duty a) to perform all duties that are necessary (i) to carry out the functions of a peace officer, (ii) to encourage and assist the community in preventing crime, (iii) to encourage and foster a co-operative relationship between the police service and the members of the Siksika Nation and others, (iv) to apprehend persons who may lawfully be taken into custody, (v) to foster a sense of public and personal security in the community, and 7
(vi) to uphold the inherent responsibility of the Siksika Nation confirmed by Treaty No. 7 to maintain peace and good order. b) to execute all warrants and perform all related duties and services. 54. The Chief of Police is liable in respect of a tort committed by a police officer or employee in the course of his employment, if a) the police officer or employee was under the direction and control of the Chief of Police at the time that the tort was committed, and b) the tort was committed in the performance or purported performance of the duties of the police officer or employee. 55. The Chief of Police shall be treated for all purposes as a joint tort feasor in respect of a tort referred to in section 54. 56. The Chief of Police is liable for a tort committed by himself in the performance or purported performance of his duties. 57. The Siksika Nation, and not the Chief of Police, shall pay the following in respect of any action brought against the Chief of Police under sections 54 and 56: a) any damages and costs awarded against the Chief of Police; b) any costs incurred by the Chief of Police in respect of the action insofar as those costs are not recovered by him in the action; c) any sum payable under a settlement that is agreed to by the Council in respect of the action. 58. If the office of the Chief of Police is vacant, the police officer responsible for the direction and control of the Police Service shall be considered to be the Chief of Police for purposes of sections 54 to 57. 59. Where a civil legal action is brought against a police officer arising out of the performance of his duties, the Siksika Nation may in respect of that action indemnify the police officer, in whole or in part, for the following: a) any damages and costs or either of them awarded against him; b) any costs incurred and not recovered by him; c) any sum payable under a settlement. 60. The Chief of Police is responsible and shall issue such orders and directives as he considers necessary for: a) the preservation and the maintenance of the public peace and the prevention of * crime within the Reserve; b) the maintenance of discipline and die performance of duty within the police service, 8
subject to this by-law and included as the Code of Ethics and Discipline; c) the day to day administration of the Police Service; d) the application of professional police procedures; e) the enforcement of policies made by the Commission with respect to the Police Service. 61. The Chief of Police is accountable to the Commission for the following: a) the operation of the police service; b) the manner in which he carries out his responsibilities; c) the administration of the finances and operations of the Police Service in keeping with the yearly plan or any amendments to it that the Commission may make; d) the reporting to the Commission of any information concerning the activities of the police service that the Commission may request, other than information concerning individual investigations or intelligence files; and e) the reporting to the Commission of any complaint made against the police service or its members and the manner in which the complaint is resolved. 62. The Commission shall not issue an instruction under section 22(c) that is inconsistent with the duties and responsibilities conferred on the Chief of Police under this by-law. COMPLAINTS AND DISCIPLINE (Complaints) 63. A complaint concerning police services, a police officer, or the Chief of Police, shall be in writing and signed by the complainant or, if made verbally, the Chief of Police shall have a written report of the complaint made. 64. All complaints with respect to the police service or a police officer, other than the Chief of Police, shall be referred to the Chief of Police. 65. All complaints with respect to the Chief of Police shall be referred to the Commission. (Complaints About Police Services) Ã 66. Where a complaint concerns police services, the Chief of Police shall review the matter and take whatever action he considers appropriate, if any. 67. On the disposition of a complaint about police services by the Chief of Police, he shall advise the complainant in writing 9
a) of the disposition of the complaint, and b) of the complainant’s right to appeal the decision of the Chief of Police to the Commission. 68. The complainant, within 30 days from the day he was advised in writing of the disposition of the complaint, may appeal the disposition of the complaint to the Commission. 69. Where the disposition of a complaint about police services is appealed to the Commission, the Commission shall a) review the matter and b) take whatever action it considers appropriate, if any. 70. The Commission may hear such further information from the appellant, the Chief of Police, or any other party and may make such inquiries or studies as it deems necessary in its sole discretion to decide the appeal. 71. Upon deciding an appeal, the Commission shall advise the complainant in writing as to the disposition of the appeal. 72. The decision of the Commission concerning a complaint about the police service is final. 73. The Chief of Police shall make a report in writing to the Commission of all complaints made concerning the police services and his disposition of the complaints. (Complaints About Police Officers! 74. Where a complaint concerns the actions of a police officer, the Chief of Police shall cause the complaint to be investigated. 75. If, after the complaint is investigated, the Chief of Police is of the opinion that the actions of a police officer may constitute an offence under an Act of the Parliament of Canada or the Legislature of Alberta, he shall refer the matter to the Attorney General of Alberta. 76. Notwithstanding section 75, where the Chief of Police is of the opinion that the actions of v a police officer constitute a contravention of the provisions governing the Code of Ethics and Discipline or the performance of duty of police officers, the Chief of Police shall charge the police officer with a breach of discipline or performance of duty and shall advise the police officer charged of the basis of the charge. 77. The Chief of Police may, pending completion of investigation into the breach of discipline or performance of duty charge against the police officer: a) reassign the police officer to other duties, b) relieve from duty the police officer with pay, or * c) relieve from duty the police officer without pay subject to confirmation by the Copimission within 30 days. 10
78. A police officer charged under section 76, shall have the right: a) to hear the case against him, b) to be represented by another person, and c) to make representations to the Chief of Police. 79. The Chief of Police may decide the matter before him a) with or without a hearing, and b) where the Chief of Police is of the opinion that a contravention of the Code of Ethics and Discipline is not of a serious nature he may i) dismiss the matter or ii) with the agreement of both the complainant and the subject officer, informally resolve the matter. 80. The Chief of Police, with the consent of the Chairman of the Commission may make arrangements for a police officer of another police service to carry out an investigation concerning a complaint against a police officer. 81. On the finding of a contravention of the provisions governing discipline or the performance of the duties of a police officer, the Chief of Police shall impose such disciplinary measures as he decides necessary, including: a) a verbal or written warning; b) a reassignment of duties; c) a suspension without pay up to 10 working days; d) a demotion in rank; or c) dismissal. 82. The Chief of Police shall advise the police officer and the complainant in writing of a) the decision and sanctions imposed, if any, and b) the right to appeal the decision to the Siksika Nation Police Service Review Board. 83. The police officer, or the complainant, within 30 days from the day he was advised in writing of the decision of the Chief of Police may appeal the decision, or the sanctions imposed to the Siksika Nation Police Service Review Board. (Complaint About the Chief of Policed 84. Where a complaint concerns the actions of the Chief of Police, the Chairman of the 11
Commission shall cause the complaint to be investigated. If, after the complaint is investigated, the Commission is of the opinion that the actions of the Chief of Police may constitute an offence under an Act of the Parliament of Canada or the Legislature of Alberta, he shall refer the matter to the Attorney General of Alberta. Notwithstanding section 85, where the Commission is of the opinion that the actions of the Chief of Police constitute a contravention of the provisions governing the Code of Ethics and Discipline or the performance of duty of the Chief of Police, the Chairman shall advise the Chief of Police that he is charged a breach of discipline or performance of duty and advise him of the basis of the charge. The Commission may, pending completion of investigation into the breach of discipline or performance of duty charge against the Chief of Police: a) relieve the Chief of Police of his duties and reassign him to other duties; b) relieve from duty the Chief of Police with pay, or c) relieve from duty the Chief of Police without pay. The Chief of Police charged under section 86, shall have the right: a) to hear the case against him, b) to be represented by another person, and c) to make representations to the Commission. The Commission may decide the matter before it with or without a hearing. The Chairman of the Commission, with the approval of the Commission, may make arrangements for a chief of police or a senior officer of another police service to carry out the investigation concerning a complaint against the Chief of Police. On the finding of a contravention of the provisions governing discipline or the performance of the duties of the Chief of Police, the Commission shall impose such disciplinary measures as it decides necessary, including: a) a verbal or written warning; b) a suspension without pay up to 10 working days; c) a demotion in rank; or d) dismissal. The Chairman of the Commission shall advise the Chief of Police aSÜ the complainant in writing of a) the decision and sanctions imposed, if any, and 12
b) the right to appeal the decision to the Siksika Nation Police Service Review Board. 93. The Chief of Police, or the complainant, within 30 days from the day he was advised in writing of the decision, may appeal the decision or the sanctions imposed, to the Siksika Nation Police Service Review Board. POLICE SERVICE REVIEW BOARD (Establishment of Police Service Review Board) 94. The Council hereby establishes the Siksika Nation Police Service Review Board. (Administration) 95. The Council shall appoint three members to the Review Board from candidates recommended by the Commission who shall not be members of Council or the Commission. 96. (1) The members of the Review Board shall be appointed for a term of two years or such longer term as Council decides. (2) Notwithstanding subsection (1), a member of the Review Board continues to hold office until he is reappointed or his successor is appointed. (3) A Review Board member may resign his position by a letter in writing to the Chairman of the Commission. 97. The members of the Review Board shall have amongst them knowledge of a) police services, and b) the Siksika Nation. 98. The members of the Review Board shall select from amongst themselves a chairman. 99. The members of the Review Board may be paid remuneration for their services by the % Commission. 100. The Review Board may engage the services of legal counsel to advise the Review Board on appeals. 101. All persons appointed to the Review Board shall take the oath set out in Appendix 3 and shall participate in a Siksika ceremony confirming the responsibility of the office to the Siksika Nation. (Appeals) 102. The Review Board shall hear appeals from any decision of the Chief of Police concerning a compliant regarding the actions of a police officer or employee or from the decision o f the Commission concerning a complaint regarding the actions of the Chief of Police. 13
103. The Review Board shall hold meetings as it considers necessary to hear appeals on the Reserve or elsewhere in Alberta. 104. For purposes of conducting an appeal, a quorum of the Review Board shall consist of three members of the Review Board. 105. The Review Board may, at its discretion: (a) decide the appeal based on the written submissions of the parties to the appeal, or (b) hold a hearing to decide the appeal. 106. (1) If the Review Board is of the opinion that the actions of a Chief of Police or a police officer who is the subject of an appeal may constitute an offense under any Act, the Review Board shall refer the matter to the Attorney General of the Province of Alberta. (2) Notwithstanding that the actions of a Chief of Police or a police officer have been referred to the Attorney General under subsection (1), if the Review Board is o f the opinion that those actions also constitute a contravention of the Code of Ethics and Discipline or the performance of duty of police officers, the matter, as it relates to the contravention may be proceeded with or be suspended, as the Review Board may decide. 107. For the purpose of deciding an appeal, the Review Board shall give at least 14 days notice in writing to the appellant and any other person who, in the Review Board’s opinion, is likely to be directly affected by the appeal. 108. The Review Board may a) require the Chief of Police or the Commission to produce to the Board copies of all investigation reports, statements, correspondence or other documents or things relating to the appeal, and b) receive such information or evidence as it deems in its discretion relevant to the appeal before it. 109. The police officer or the Chief of Police who is the subject of the compliant which gave rise the appeal is entitled: a) to notice of the appeal; b) to hear the case against him; c) be represented by another person, and d) to make representations to the Review Board. 110. The appellant, if not the police officer or the Chief of Police who is the subject of the compliant, or any person who, in the Review Board’s opinion is likely to be directly affected by an appeal is entitled: . <* a) to submit information; 14
b) to make representations to the Review Board, and c) to be represented by another person. 111. The Review Board may a) from time to time adjourn matters that are before the Board, and b) in respect of appeal, extend at any time the time for service of the notice of appeal for a further period not to exceed 30 days. 112. Where the Board concludes an appeal, it may a) allow the appeal, b) dismiss the appeal, c) vary the decision being appealed, d) affirm or vary the disciplinary measures imposed, or e) take any other action that the Board considers proper in the circumstances. 113. When the Board conducts an appeal the following shall be informed in writing of the findings of the Board: (a) the appellant, (b) the complainant, and the Chief of Police, or the police officer against whom the complaint was made, and (c) the Commission. 114. The decision of the Review Board in respect in any appeal is final. GENERAL (Lock up) 115. Upon implementation of this by-law there shall be provision made for an adequate lock-up facility and if maintained by the Siksika Nation, that lock-up facility shall be under the direction and control of the police service. (Uniforms) 116. A member of the police service shall wear only the uniform and insignia approved by the « Commission. 117. N o person shall hold him self out as a Siksika Nation police officer unless he is a member 15
of the Siksika Nation Police Service. 118. If the Chief of Police or his designate is of the opinion that the uniform insignia, vehicle markings or other signs used on the Reserve by a person or organization are so similar to that used by the Siksika Nation Police Service that a member of the public might be misled, the Chief of Police or his designate may order in writing served upon the person to desist from using that uniform or insignia or those markings, signs or symbols. 119. Any person who contravene section 117 or fails to comply with an order made under section 118 is guilty of an offence and liable to a fine not greater than $500.00 or to a term of imprisonment not exceeding 30 days or to both a fine and imprisonment. (Commission Policies and Procedures) 120. The Commission, subject to this by-law, may establish polices: (a) governing the operation of the Commission, (b) governing the operation of the police service, including the establishment of ranks within the Police Service, (c) governing the appointment, employment, qualifications, training, duties, discipline and performance of duty of police officers and auxiliary officers, (d) governing investigations of police officers and auxiliaiy officers, (e) prescribing colour and style of uniforms, accoutrements and insignia for police officers and auxiliary officers, (f) governing clothing and equipment furnished to or used by police officers and auxiliary officers, (g) governing firearms with respect to police officers and auxiliary officers, (h) governing the employment for civilian employees of the police service, (i) governing the providing of and release of that information by the Commission or the Police Service, (j) prescribing the information and statistical data to be kept and reported by the Police Service. (Code of Ethics and Disciplined 120. The Code of Ethics and Discipline for police officers and auxiliary constables shall be as set . out in Appendix 4 of this by-law. (A grém ents) 121. \1) The Council may enter into an arrangement or an agreement for the policing of the reserve that it considers proper with the federal government, the provincial government or any other party. 16
(2) Where Council has entered into an arrangement or an agreement for the policing of the Siksika Nation under subsection (1), the Commission shall be bound by the terms of the arrangement or agreement. 123. In this by-law, the masculine shall also indicate the feminine and the singular shall also indicate the plural as the context may require. AMENDMENT 124. This by-law may be amended by a quorum of Council in the same manner as it is enacted. * 17
Approved and passed a duly convened meeting of Siksika Nation Council on this day of -à r- , 1991 by the members of Council who have signed their names below. « 18x Cp Councillor Councillor Councillor Councillor Councillor
APPENDIX 1 OATH OF OFFICE (Commission Member) I, __________________________ swear (or: solemnly affirm) that I will diligently, faithfully and to the best of my ability execute according to law the office of a member of the Siksika Nation Police Commission and will not, except in the discharge of my duties, disclose to any person any matters or evidence brought before me as a member of the Siksika Nation Police Commission, so help me God (or: this affirmation is binding upon my conscience). Sworn (Affirmed) at ) ) ____________________________________ ) ____________ in the Province of ) Signature Alberta, th is___________ ) day o f ______ A.D. 19____. ) A Commission for Oaths in and for the Province of Alberta
APPENDIX 2 OATH OF ALLEGIANCE AND OFFICE (Police Officer) I, ________ ____________________ , swear (or: solemnly affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her heirs and successors, according to law, in the office o f _______ ___________ for the Siksika Nation and that I will diligently, faithfully and to the best of my ability execute according to law the office of a police officer and will not except in the discharge of my duties, disclose to any person any matter of evidence that may come to my notice through my tenure in this office, so help me God (or: this affirmation is binding upon my conscience. Sworn (Affirmed) at ) ) in the Province of ) Signature Alberta, this ) day of A.D. 19 ) • > A Commission for Oaths in and for the Province of Alberta
APPENDIX 4 CODE OF ETHICS AND DISCIPLINE 1. A member must carry out his work with integrity; a breach of discipline of this provision includes: a) being absent from work without authorization; . b) not observing working hours; c) any ploy or false declaration made for the purpose of prolonging leave, postponing return to work, or being absent from work; d) refusing or urging others to refuse to carry out work. 2. A member must carry out conscientiously, with diligence and efficiency, the tasks that are entrusted to him; a breach of discipline of this provision includes: a) negligence, carelessness or incorrect procedure in carrying out duties; b) not carrying out assigned duties or not being at the place designated by one’s superior; c) not being vigilant while on duty. 3. A member must carry out his duties with integrity; a breach of discipline of this provision includes: a) damaging or destroying with malice or through negligence, losing through negligence, or illegally transferring public or private property; b) using or authorizing the use of a vehicle or other property of the Police Service for personal or unauthorized purposes; c) loaning, selling or transferring a part of the uniform or the equipment that is provided to him by the Police Service. d) falsification, withdrawal, dissimulation or destruction of a document of the Police Service or in the safekeeping of the Police Service; e) presenting or signing a false or inexact statement, report, or other written document; f) claiming or authorizing the reimbursement of expenses not incurred or the hours of work not performed; g) failing or neglecting to account for or remit immediately any amount of money or goods received as a member of the Police Service. 4. A member must promptly obey the orders and directives of his superiors; a breach of discipline of this provision includes: a) refusal or failure to pass on orders except in the case of an emergency or physical impossibility; b) refusal to account to the Chief or his representative for one’s activities during work hours or when acting as a peace officer outside of work hours. 5. A member must demonstrate respect, deference and politeness towards his superiors. 6. A member must respect the law, the courts and co-operate in the administration of justice; * a breach of discipline of this provision includes: 1
of the Police Service, or diminishes his effectiveness during working hours, such as: security guard, debt collector, or bailiff. 10. A member shall, where the Police Chief so requests, divulge in writing: a) the list of profit oriented corporations, businesses or enterprises that he operates or holds an interest in; b) any trade, occupation or employment that he exercises outside his working hours. 11. A member must avoid any intimacy with an inmate and respect his rights; a breach of ’ discipline of this provision includes: a) negligence in guarding or watching an inmate; b) providing an inmate with illicit drugs or alcoholic beverages; c) interfering in the communication between an inmate and his attorney; d) unjustified force or the failure by negligence to safeguard the safety and health of an inmate; e) incarcerating or permitting the incarceration of a Young Offender with an adult inmate or a female inmate with a male inmate. 12. A member must use his service firearm, weapon, restraint device or irritant agent with care and discretion; a breach of discipline of this provision includes: a) showing, manipulating or pointing his firearm or irritant agent without justification; b) not maintaining his service firearm in good working order; c) loaning or giving up his service firearm or irritant agent; d) not taking reasonable measures to prevent loss, theft or use by a third party of his service firearm or irritant agent; e) displaying his service firearm to the public by wearing it when not dressed in uniform; f) refusing or neglecting to report to his superior each time that he uses his service firearm; g) having possession of a weapon other than issued by the police service while in uniform or on duty except when specifically authorized. 13. A member must not divulge any information that is his duty to keep confidential, nor show a document or record to any unauthorized person. * 14. A member must not withhold or suppress any compliant about the police service or a police officer. 15. A member must respect his oath of allegiance and office as well as his oath of discretion. 3
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.