Part II - Enacted First Nations Legislation

Decision Information

Decision Content

BYLAW NO. 2008-81-02 OF THE SADDLE LAKE CREE NATION TO PROVIDE FOR A CURFEW ON THE SADDLE LAKE CREE NATION LANDS WHEREAS, the Saddle Lake Cree Nation is a signatory to the Treaty # 6, and as such, maintains and exercises inherent rights as recognized and confirmed by the Constitution of Canada, and WHEREAS, the Chief and Council, are duly elected and empowered by the membership of the Saddle Lake Cree Nation, and WHEREAS, pursuant to section 81 of the Indian Act, the Chief and Council are desirous of making regulations to ensure to its members peace, order and good government, WHEREAS, the children of the Saddle Lake community are recognized as our greatest asset and are the future of our community, NOW THEREFORE, The Council of the Saddle Lake Cree Nation hereby make the following bylaw for their health and well-being, 1.0 SHORT TITLE 1.1 This bylaw may be cited as the Saddle Lake Cree Nation Curfew Bylaw 2.0 INTERPRETATION 2.1 In this By-law: Peace officer means a tribal police Constable appointed by Chief and Council, a member of the Royal Canadian Mounted Police, or any other person appointed as a Special Constable to enforce this bylaw, public place includes places such as the Arena, Complex, Rodeo grounds, Beach area, Ball diamonds, Pow-Wow grounds, Schools, Churches, Youth Centre, Cultural Centre, Cultural Park, Cemeteries, Administration Offices of the Saddle Lake Cree Nation, and any other place to which the Public has access as of right or by invitation expressed or implied. Reserve lands means the lands set aside for use and benefit of the Saddle Lake Cree Nation.
regulations means the regulations approved by Council to give effect to the objectives intended by the passing of this bylaw. child means any boy or girl who has not reached the age of twelve years youth means any person between the age of twelve and seventeen years parent shall include a guardian and every person who is by law or in fact liable to maintain a child night shall normally mean the time encompassed between sunset and sunrise school day means those days that are included in the calendar of instruction at which the child attends 3.0 CURFEW 3.1 Chief & Council require that a. the whereabouts of all children be monitored at night by parents or guardians b. that an adult or responsible guardian accompany a child at all times material c. that children not be required to attend public functions beyond the hour of 10:00 PM on evenings before school days d. that all children will be home within reasonable time at night and not at large unaccompanied. 3.2 Parents or guardians are responsible for the behavior of their children in respect to this bylaw. Parents or guardians who knowingly or negligently allow their children to violate this bylaw will be held accountable in accordance with this and other bylaws respecting conduct and property. 3.3 Youth will be expected to behave in a responsible manner and will be held accountable under the Young Offenders Act. 4.0 AMENDMENTS
4.1 These bylaws can only be amended by a quorum of Council at a duly convened meeting specifically called for the purpose of amending a bylaw. 4.2 The amended bylaw shall then be put to the general membership for acceptance by public notice. 5.0 SEVERABILITY 5.1 Should a court determine that a provision of this bylaw is invalid for any reason, the provision shall be severed from the bylaw and the validity of the rest of the bylaw shall not be affected. 5.2 Upon coming into force, this bylaw replaces Bylaw #125/2 and Bylaw #5 (April 16, 1962) and both previous bylaws are hereby repealed. 6.0 PENALTIES 6.1 Any child unaccompanied in a public place at night shall be apprehended and returned home by a peace officer. The parent or guardian shall be deemed in contravention of one or more provisions of this bylaw and commits an offence and is liable on summary conviction to a fine not exceeding $1,000.00 or to imprisonment for a term not exceeding one month (30 days) or to both fine and imprisonment. 6.2 Other administrative sanctions or remedies may be imposed. 6.3 All revenues generated from fines will be payable to the Saddle Lake Consolidated Revenue Fund.
THIS BY-LAW IS HEREBY ENACTED by the Chief and Council of the Saddle Lake Cree Nation this day of ^)dt\)P , Voting in favour of the by-law are the following m em bers^ Çjatujcil: ûk Councillor RayQardina _________________— Councillatf^ferry Cawinal Councilor Charlenp Houle-White Councillor Jason Whiskeyjack Councillor Adrian Redcrow being the majority of those members of the Council of the Saddle Lake Cree Nation present at a properly constituted meeting of the Tribal Council. The quorum of the Council is five 15) members. Number of members in attendance at this meeting : I, Chief Eddy Makokis of the /Saddle Lake Cree Nation, do hereby certify that a true copy of the foregoing bylaw was mailed to the Minister of Indian Affairs and Northern Development at the Regional Office pursuant to subsection 82 (1) of the Indian Act, this *6 day o fC Su, vOC^-_____ , 2 0 0 ^ 3 ^ ' Chief Eddy Makokis
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