Part II - Enacted First Nations Legislation

Decision Information

Decision Content

04/12/99 lfl24, ©78< 5852550 ERMINESKIN BAND @002/005 ERiyUNESKIN CREE NATION TRESPASS BY-LAW . 99 icskin Ct s Nation. ; ;fbr the noval ami Punishment o f Persons Trespassing or Frequenting the 3i1 Prohibit* Purposes. ] THE C H IEF AND COUNCIL o f the Ermineskin Cree N ation desires to jy- law to p r l ride for the removal and punishment o f persons trespassing on the |r frequentm l the reserve for prohibited purposes; AND CREAS T^HE CH IEF AND COUNCIL o f the Ermineskin Cree N ation is empowi red to make such by-law pursuant to paragraphs 81 (1) (p), (q) and (r) o f the Indian. l£ i; AND W HEREAS it is considered to be expedient and necessary, for the benefit, com fort and safety o f the inhabitants o f the Ermineskin Cree Nation Reserve, to provide for the removal and punishment o f persons trespassing on the reserve or frequenting the reserve for prohibited purposes; NOW TH EREFO RE TH E C H IEF AND COUNCIL o f the Ermineskin Cree Nation hereby makes the following by-law: I D eflations: i 1. I In this by-law, I C hief aod C ouncil means the Chief and Council o f the Ermineskin Cree ! Nation; O fficer means any police 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 Chief and Council for the purposes o f maintaining law and order on the reserve pursuant to By-law No: 99 - 01 relating to Law and Order. Reserve means the reserve o f the Ermineskin Cree Nation and includes the ! Ermineskin Cree Nation Reserve No: 138. T respass means the entry onto or the presence on the reserve by a person (s) without lawful jurisdiction. »
04/12/99 12 : §6 i 0780 5852550 ERMINESK1N BAND @003/005 Prppjbit|d.Jbaryp5M : 2. ! (l|) 1 A person, other than a person referred to in subsection (2), who conducts on the reserve any of the following activities, namely: a. hunting, fishing, trapping or gathering b. hawiring or peddling o f wares or marchandise c. loitering j| d. soliciting financial assistance e. using any o f the dumpsites fin: garbage f. dumping any and all kinds o f toxic or poisonous wastes anywhere on the reserve g. soliciting and/or purchasing vehicles from minors as members h. person deemed to be a nuisance or involved in criminal activity shall |>ejieemed to be frequenting the reserve for a prohibited purpose. I) Subsection (1) does not apply to a person who: a. is a lawful resident o f the reserve b. under a by-law o f the Chief and Council, holds a valid license to conduct any activity referred to herein or is otherwise permitted to conduct that activity. An officer may order any person who trespasses on the reserve or who i the reserve for a prohibited purpose to leave the reserve immediately. (A Where a person who has been ordered to leave the réservé fails or refuses to do so,e n officer may take such reasonable measures as may be necessary to remove the perscm from the reserve. person who fails or refuses to comply with an order made under subsection 3 the reserve, or who resists or interferes with an officer acting under 3 (2) commits an offence. P e iU Mty : S. A person who commits an offence under this by-law is liable on summary conviction to a fine not exceeding $1,000.00 or to imprisonment for a term not exceeding thirty (30) days, or to both.
04/12/99 0780 S8525S0 ERMINESKIN BAND @004/005 Sign; 6. sign will be posted at all main boundary roads to serve as notice to the general public w ill be worded as follows; ERM INESKIN RESERVE # 138 HOM E O F THE PLAINS CREE O F TREATY #6 NO TRESPASSING. NO HUNTING RESPASSERS W ITHOUT A PERM IT W ILL BE PROSECUTED PERM ITS ISSUED AT THE HOBBEM A P O U C E SERVICES !?li By O rder of C hief and Council By Law 99 - 01 T his b y® w is made at a duly convened meeting o f the Chief and Council o f the Erm ines® ! Cree this 12 day o f A pril, 1999. Voting i iavour o f the by-law are the following Members o f the Council: 3cQ.Ac-<u3fc- y/ (* ember i f the Council Member o f the Council the Council Member o f the Council h_SU, M ember of the Council Member o f the Council ,v M ember o f the Council fember o f the Council / being thi m ajority o f those Members o f the Council o f the Ermineskin Cree Nation presents the aforesaid meeting o f the C hief and Council. Thequoi um o f thJ Council is five (5) Members. , n Number i f Members o f the Councü present at the meeting: gy<-r\ L y
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