Part II - Enacted First Nations Legislation

Decision Information

Decision Content

x a / a u / u u 1 4 ; i o TQTY8U 4H5 377SJ 12/14/00 1 8 : 5 0 FAX Ô 4 Û 3 & 7 3 FUNDING SERVICES LRFN ® 003 @]0Ü3 —̂ i-5r **7 LOON RIVER FfRST NATION BAND #476 CURFËW BYLAW 6 A B Y -L A W FO R R E G U LA TIN G UNSUPERVISED CHILDREN IN PU B LIC P LA C É S L A TE A T N IG H T O N R ESER VE W H ER EA S the Council of the Loon River First Nation Band desires to make a by-law regulating unsupervised children in public places and on the roads of the Loon River First Nation Band; W H ER EA S the Council of the Loon River First Nation Band has responsibility for the well being and safety of its members including children; W H ER EA S the Council of the Loon River First Nation Band has a concern with the increased delinquency, nuisance, vandalism and property crime been.observed within the Loon River First Nation Band when children under the age of sixteen (16) years of age are permitted to remain without parental supervision in public places after reasonable hours; A N D W H E R E A S the Council of the Loon River First Nation Band is empowered to make such by-law pursuant to paragraphs 81 of the Indian Act: N O W TH E R E F O R E the Council of the Loon River First Nation Band hereby makes the following by-law; P arti Short Title 1. This by-law may be cited as the Loon River First Nation Curfèw By-Law”. Part II Definitions 2(1) In this by-law, ‘'Child" means a person who is under 16 years of age. Curfèw means the time period; (a) between 10:00 PM and 6:00 ÀM in the same day for the days of week from Sunday through and including Thursday and; (b) between 11:00 PM and 6:00 AM in the same day for the days of week from Friday through and including Saturday; Legitimate Reason: means the following: (a) travelling directly to or from the Childs place of employment whether paid or volunteer or;
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4 T X V «4 i u g 1 0 0 o / l i) 12/14/00 18:51 FAX 6493S73 LRFN FUNDING SERVICES @ 004 I&004 Peace Officer" means the Loon River Cree First Nation #476 Ôpecial Constable or a member of the Royal Canadian Mounted Polite. Public Place" includes any place on the Reserves of the Loon River Fii'St Nation or any lands which will become Reserve lands under the Treaty Entitlement Settlement Agreement whether publicly or privately owned or leased to which the public have access as of right or by invitation, expressed or implied. Member" means a person whose name appears on the Loon River First Nation Band list or who is entitled to have his name appear on the Loon River First Nation- Band list pursuant to the Indian Act and the membership rules of the Band Reserve means the Loon River First Nation Band Reserve numbers 235, 236 and 237 Part III Interpretation 3(1) No child shall be in a Public Place during the Curfew Period unless accompanied by a Parent or guardian or unless the Child has a Legitimate Reason (2) No Parent or Guardian shall suffer, permit or allow any Child Who is in his or her custody, care or control to be in a Public Place during the Curfew Period unless the Child is accompanied by a Parent or Guardian or has a Legitimate Reason (3) Where a Peace Officer has reasonable grounds to believe that a person has contravened any provision of thi3 by-law, a Peace Officer may issue a Violation Ticket to such person (4) A Child found in a Public Place during Curfew hours without proper Guardianship may be questioned and warned to go home by a Peace Officer and if the Child after receiving a warning, continues to loiter in Such Public Place, he or she may be physically removed by the Peace Officer and escorted home Part IV Penalties 4(1) Any person who breaches any of the provisions of this by-law is guilty of an Offense and is liable upon conviction to a specified penalty of $100.00 in the case of a first offense and to a specified penalty of $200,00 in the case of a second or subsequent offence. (2) Any person to whom a Violation Ticket is issued may voluntarily pay the fine set out in the Violation Ticket by delivering the Violation Ticket along with the amount of the fine to the Provincial Court office as specified in the Violation Ticket (3) No person who contravenes any provisions of this by-law is subject to a penalty of imprisonment Part V General 5. This Curfew Bylaw 5 shall come into force and effect immediately upon approval by the Minister of Indian Affairs
* * J - -* * 4 i V V i & O O i i V 12/14/00 18:51 FAX B493873 FUNDING SERVICES LRFN @005 Voting In favour of the by-law are the following members of the Council: Paddy Noskey Jerry Noskey being a majority of the members of the Council of the Loon River First Nation Band present at the aforesaid meeting. The quorum of the Council is three (3) members. The number of members of Council present at the meeting: five ( 5). I, Paddy Noskey, Chief of the Loon River First Nation Band, do hereby certify that a true copy of the foregoing by-law was mailed to the Minister of Indian Affairs arrd Northern Development at the Alberto Regional office of the department pursuant to subsection 82(1) of the Indian Act, this iÿf* day of December, 2000. add/Nosl^eÿ
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