Law No. 2000. A Law Respecting A Curfew For Youth Enacted on the I 1 day of 0 ^ , 20 QÛ WHEREAS paragraphs 81 (1) ( c), (d), (q) and (r) of the Indian Act 1985, R.S.C., c, 1-5, as amended, empowers the Council of a Band to make Laws for the observance of law and order, the prevention of disorderly conduct, matters ancillary thereto, and a penalty for the violation thereof; AND WHEREAS the Council of the Samson Cree Nation is of the opinion that children and adolescents should not remain unattended and without adult supervision in public places during evenings, for the welfare and safety of the youth and also for the Samson Reserve community; THEREFORE, the Council of the Samson Cree Nation enacts this Law as follows: 1. Short Title This Law may be cited as the “Curfew Law”. 2. Interpretation In this Law “child” means any person who is under the age of 12 years; “adolescent” means any person who is 12 to 16 years of age; “parent” means a father, mother, tutor, guardian or person having the custody or care, in law or in fact, of a child or adolescent; “community social event” means a wedding, winter carnival, sports event, religious celebration, or other social event recognized as such by the Council of Samson Cree Nation; “peace officer” means a peace officer as defined in section 2 of the Criminal Code, R.S.C. 1985, C.C-46; “reserve” means the Samson Cree Nation Indian Reserve No. 137 and 137A; “prohibited hours” means that period of time between the hour of ten o’clock in the evening of one day and the hour of six o’clock in the morning of the following day during the calendar months June, July, August and September of each year ; and between
the hour of nine o’clock in the evening of one day and the hour of six o’clock in the morning of the following day during the remaining calendar months of each year; 3. Prohibition 3. (1) No parent shall permit their child to be in any public place during the prohibited hours unless such child: a) is accompanied by a parent or a person who is 18 years of age or over and has the authorization of that child’s parent(s); b) is accompanied by a person who is 18 years of age or over, with the authorization of that child’s parent(s); c) is attending or is directly returning home from a community social event; or, d) is authorization by resolution of Council. (2) No adolescent shall be in any public place during the prohibited hours ------ 1 ______. - . , . ^ 1, « a) is accompanied by a parent; b) is accompanied by a person who is 18 years of age or over, with the authorization of that adolescent’s parent; c) is attending or is directly returning home from a community social event; or, d) is authorized by resolution of Council. 4. Powers of the Peace Officer 4. (1) A officer who finds a child who is or, in the absence of evidence to the contrary, appears to be under the age of 12, in a pubic place during prohibited hours, unless in accordance with section 3, may give the child a warning and immediately escort the child home. (2) A peace officer who finds an adolescent who is or, in the absence of evidence to the contrary, appears to be between the ages of 12 to 16, in a public place during the prohibited hours contrary to section 3, may give the adolescent a warning and immediately escort such person home. (3) A peace officer shall notify the parent(s) that the child or adolescent was found in a public place during the prohibited hours, contrary to section 3, and was immediately escorted home. 5. Meeting with parents 5. (1) If a child or adolescent disregards the peace officer’s warning or is found by a peace officer to be disobeying this law a second time within a period of (30) days, the child or adolescent and the parent(s) of such child or adolescent may be directed, by
resolution of the Council, to meet and discuss such law infraction with the Council or anyone appointed by the Council through Band Council Resolution for that purpose. (2) A copy of the resolution of the Council referred to in subsection 5(1) shall be sent by first class mail or delivered by hand to the child’s or adolescent’s parents not less than seven (7) full days prior to the proposed meeting. 6. Penalty 6. (1) After meeting with the Band Council or any other person appointed by the Band Council, a parent who permits a child under the age of 12 to be in any public place during the prohibited hours, contrary to section 3, commits an offence. (2) After meeting with the Band Council or any other person appointed by the Band Council, an adolescent who is found to be in any public place during the prohibited hours, contrary to section 3, commits an offence. (3) Every person who contravenes any of the provisions of this law is guilty of an offence and is liable on summary convictions to a fine of not more than $500.00 or imprisonment for a term of 30 days, or to both a fine or imprisonment. 7. Should a court determine that a provision of this law is invalid for any reason, the provision shall be severed from the law and the validity of the rest of the law shall not be affected. 8. This law comes into force 40 days after the date of the mailing to the Minister of Indian Affairs and Northern Development as required pursuant to section 82 of the Indian Act. APPROVED AND PASSED at a duly convened meeting of the Council of the Samson Cree Nation, duly elected this______day o f________________ , 2000. 2 ^ 4 2 Chief Lena Gutknife — Councillor Dolphins Buffa 1— lo Councillor Florence Buffalo Councillof5at Buffalo
Councillor Cecil Crier Qs/z Councillor Walter Li o gh v t a ning Councillor RoseTSaddleback I, LENA CUTKNIFE, Chief/Councillor of the Samson Cree Nation, do hereby certify that a true copy of the foregoing By-Law was forwarded to the Minister of Indian Affairs and Northern Development pursuant to Section 82 (1) of the Indian Act, this______day o f_______________ , 2000. , „ .y /^ Witness Chief/Councillor /
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