By-law Number 2002-0 2 Being a By-law to repeal and replace By-law No. 1986/01/14 Enacted on the 11th day of December, 1985 Being a By-law Respecting the Regulation of Intoxicants on the Reserve. WHEREAS the Louis Bull Band is desirous of declaring in effect a prohibition against the sale, barter, supply or manufacture of intoxicants on the Reserve of the Band; against any person being intoxicated on Reserve; and against any person having intoxicants in his possession on the Reserve; in addition to matters arising out of or ancillary thereto, and the imposition of a penalty for the violation of any such by-law; AND WHEREAS section 85.1 (1) of the Indian Act empowers the Council of an Indian Tribe to pass by-laws: a- prohibiting the sale, barter, supply or manufacture of intoxicants on the Reserve of the Band; b- prohibiting any person from being intoxicated on the Reserve; c- prohibiting any person from having intoxicants in his possession on the Reserve; and d- providing for exceptions to any of the prohibitions established pursuant to paragraph (b) or (c); AND WHEREAS subsection 85.1(4) of the Indian Act provides that every person who contravenes a by-law made under this section is guilty of an offence and is liable on summary conviction, in the case of a by-law made under paragraph 85.1(l)(a), to a fine of not more than one thousand ($1,000) Dollars or to imprisonment for a term not exceeding six (6) months or to both; and in the case of a by-law made under paragraph 85. l(l)(b) or paragraph 85. l(l)(c), to a fine of not more than one hundred ($100) Dollars or to imprisonment for a term not exceeding three (3) months, or to both; AND WHEREAS the Council of the Band did enact By-law Number 1998-01 on the 8th day of June, 1998 and wishes to repeal the said By-law Number 1998-01 and replace it with this By law. THEREFORE, the Council of the Louis Bull Band enacts this Intoxicants By-law as follows: 1 - SHORT TITLE This by-law may be cited as the “Louis Bull Reserve Intoxicants By-law” and is referred to herein as ‘By-law’. \
2 2- DEFINITIONS In this By-Law: “Band' means the Louis Bull Band, as defined by Section 2 of the Indian Act; “Council' means the Council of the Louis Bull Band, as defined in the Indian Act, “dwelling” means each single unit home being a fully or semi-detached building, a multiple unit dwelling, an apartment home or any building used or intended to be used for human habitation and in which normal domestic functions may be carried on. “intoxicant ” includes alcohol, alcoholic, spirituo,us, vinous, fermented malt, or other intoxicating liquor or combination of liquors and mixed liquor a part of which is spirituous, vinous, fermented, or otherwise intoxicating and all drinks or drinkable liquids and all preparations or mixtures capable of human consumption that are intoxicating. “intoxicated” means being under the influence of an intoxicant; “officer” means any peace officer, police constable or other person charged with the duty to preserve and maintain the public peace, and a by-law enforcement officer or any other person appointed by the Council for the purpose of maintaining law and order on the Reserve; “Reserve” means Louis Bull Reserve No. 138B. 3- PROHIBITIONS (1) No person shall be intoxicated on the Reserve. (2) No person shall be in possession of an intoxicant on the Reserve. (3) No person shall sell, barter or supply an intoxicant to anyone or manufacture intoxicants on the Reserve. 4- EXCEPTIONS (1) No person contravenes Section 3 by reason only that he is in possession of an intoxicant for the purpose of transporting it across the Reserve form a point of origin outside of the Reserve to a destination outside of the Reserve, provided that the intoxicant is in a bottle, receptacle or package that is unopened and the seal unbroken. (2) No person contravenes Section 3 where the intoxicant is possessed, used or intended to be used solely for medicinal purposes.
3 5- APPLICATION (1) An officer may, without warrant, seize any liquor in the possession of a person whom he finds committing an offence under this By-Law. (2) On reasonable and probable grounds, an officer may, without warrant, and if necessary by force, search at or near a vehicle, or the person found at or near the vehicle, or on the land at or near the vehicle. (3) On reasonable and probable grounds, an officer who believes that liquor is kept for unlawful purposes (that is for selling, bartering, trading) is manufacturing of Intoxicants may enter and search a dwelling, or building or premises, and may break open any door, lock, or fastening on those premises or parts of them, or any other closet, cupboard, box or other receptacle in which. (4) An officer finding a person driving, who has reasonable and probable grounds to believe that person is intoxicated, may take reasonable measures to prevent that person from continuing driving including a 24 hour suspension of his licence. (5) If a person has been required by an officer not to drive or operate a vehicle due to their intoxicated condition, the officer shall impound the vehicle if there is no other driver in the vehicle that is capable or qualified of driving. The registered owner shall be responsible for all costs incurred for impoundment and storage. (6) Where a resident is being harassed, insulted, or having the peace of his dwelling disturbed by an intoxicated person who refuses to leave, the resident may seek to have the intoxicated person removed by an officer. 6- PENALTY (a) Every person who contravenes Section 3(1) this By-Law is guilty of an offence and is liable on summary conviction to a fine of not more than One Thousand ($1,000.00) Dollars or to imprisonment for a term of Six (6) Months or to both. (b) Subject to Section 4, every person who contravenes Section 3(2) or (3) of this By- Law, is guilty of an offence and is liable on summary conviction to a fine of not more than One Hundred ($100.00) Dollars or to imprisonment for a term of Two (2) Months or to both. 7- REPEAL By-Law number 1998-01 enacted on the 8th day of June, 1998, and being a By-law to regulate the care and control of animals on the Reserve, be and the same is hereby repealed.
4 THIS BY-LAW IS HEREBY made at a duly convened meeting of the Council of the Louis Bull Band this 9th day of October , 2002. Voting in favour of the By-law are the following members of the Council: (Member of tne Council) (Member of the Council) „ -\ v-_\ ^ ^ . 'fréleriféer of the Council) (Member of the Council) \ ember of the Council) (Member of the Council) (Member of the Council) being the majority of those members of the Council of the Louis Bull Band present at the aforesaid meeting of the Council. The quorum of the Council is five (5) members. Number of members of the Council present at the meeting: 8 I, Si mof\ T hreg-(i / i 0 e C h i e f /Couneillor of the Band, do hereby certify that a true copy of the foregoing By-law was mailed to the Minister of Indian and Northern Affairs Canada at the _______________ office of the department pursuant to subsection 82(1) of the Indian Act, this 9th day of October 20 02 . (Witness) (Chief/Councillor)
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.