B LO O D TR IB E PO LIC E AM E N D M E N T B Y L A W W H EREAS the Blood Tribe Chief and Council passed the Blood Tribal Police Bylaw on April 18, 1980;
AN D W H EREAS the Blood Tribal Police Bylaw went into effect and constituted the basis for the Blood Tribal Police Force;
AN D W H EREAS the Blood Tribe Council, in consultation with the Solicitor General o f Canada and the Alberta Department o f Justice, have determined that various provisions o f the Blood Tribal Police Bylaw require updating and revision;
AN D W H EREAS the Blood Tribe Council passed a resolution on August 13, 1984 authorizing the move towards more autonomous control o f policing, and another resolution on January 13, 1989 expressing an intention to differentiate Blood Tribe policing from the Alberta Police Act c. 12.01 S.A. 1988;
AN D W H EREAS Paragraph 7.02 o f the Blood Tribal Police Bylaw allows for the provisions o f the Bylaw to be amended or altered from time to time;
N O W TH EREFO RE, the Blood Tribe Council enacts as follows: 1. The Blood Tribal Police Bylaw shall be amended in the follow ing manner: IN TH E PR E A M B LE : 2. In the first paragraph o f the preamble: a) the words ’Blood Band o f Indians' shall be replaced by ’Blood Tribe'', b) the words 'under Treaty T shall be inserted after the word ’obligation ’ ; c ) the words 'B lood Indian Band' shall be replaced by 'B lood T ribe '. 3. In the second paragraph o f the preamble: a) the words 'B lood Band o f Indians' shall be replaced by 'B lood Tribe'', b) the words 'the Indian people' shall be replaced by ’ the B lood members'", c) 'B lood Indian Police Commission' shall be replaced by 'B lood Tribe Police Commission'.
4. In the third paragraph o f the preamble: a) the words 'the said Commission and Council' shall be replaced by 'the Council and the said Commission
b) the words 'B lood Indian people' shall be replaced by 'B lood Tribe '. 5. The fourth paragraph o f the preamble shall be deleted and replaced by the follow ing: WHEREAS the Commission w ill be assisted in the fa ir and efficient Julfilment o f such duty and obligation by the B lood Tribe Police Service hereinafter constituted and established by reason o f the knowledge and respect which the members o f the said Police Service have f o r the aforesaid customs and traditions and by reason o f the ability o f members o f the aforesaid Police Service to communicate with the B lood Tribe members in their own language.
6. The fifth paragraph o f the preamble shall be deleted. IN P A R T I: 7. A new section shall be inserted as follows: 1.00 Definitions 8. In the original section 1.01, 'B lood Tribal Police Bylaw' shall be replaced by ’B lood Tribe Po lice Bylaw'.
9. A new subsection 1.02.01 shall be inserted as follows: 1.02.01 "Blood Tribe" means one o f the parties that was signatory to Treaty 7 between the Crown and the Blackfeet Indians and is also known as the Blood Tribe Band;
6. The original subsection 1.02.01 shall be renumbered 1.02.02 and shall be amended as follows:
1.02.02 "C h ief o f P o lice " means the senior po lice officer appointed as the C hief o f Police o f the Blood Tribe Police Service;
10. The original subsection 1.02.02 shall be renumbered 1.02.03 and the words 'B lood Indian Police Commission' shall be replaced by 'B lood Tribe Police Commission'.
11. The original subsection 1.02.03 shall be renumbered 1.02.04 and shall be amended as follows:
1.02.04 "C ouncil” means the Chief and Council o f the B lood Tribe as elected pursuant to the Blood Tribe Custom Election Bylaw as amended from time to time;
10. The original subsection 1.02.04 shall be renumbered 1.02.05 and the phrase ’Chapter 1-6 R. S. C. 1970' shall be replaced by ’ Chapter 1-5 R. S. C. 1985'.
11. The original subsection 1.02.05 shall be renumbered 1.02.06 and amended as follows: a) the words ’Police Force' shall be replaced by ’Po lice Service b) the words 'B lood Tribal Police Force ' shall be replaced by 'B lood Tribe Po lice Service' .
12. The original subsection 1.02.06 shall be deleted. IN P A R T H : 13. A new section shall be inserted as follows: 2.00 Establishment o f Police Bodies 14. The original section 2.01 shall be amended as follows: a) the words 'P o lice Force' shall be replaced by ’Po lice Service'', b) the words ' Chief Constable' shall be replaced by 'C h ie f o f Po lice '', c) the words ’Blood Tribal Police Force' shall be replaced by ’B lood Tribe Police Service'.
15. The original section 2.02 shall be amended as follows: a) the phrase 'responsible fo r the control and management o f the Police Force and a ll matters connected therewith' shall be deleted;
b) the words 'B lood Indian Police Commission' shall be replaced by 'B lood Tribe Police Commission'.
16. The original section 2.03 shall be amended as follows: 3
a) the word 'T rib e ' shall be inserted after the word 'B lood ' ; b ) the phrase 'with the duties and procedures as set out herein and in the "Agreement" shall be deleted.
17. The original section 2.04 shall be amended as follows: a) the words ' Chief Constable' shall be replaced by 'C h ie f o f Po lice '', b) the words 'P o lice Force ' shall be replaced by 'P o lice Service c) the phrase ’ responsible fo r a ll aspects o f policing operations as are delegated to him by the Commission save those attached to the office o f D irecto r' shall be deleted.
IN P A R T IU : 18. The heading ' The Blood Indian Police Commission' w ill be numbered as section 3.00 and ’Indian' shall be replaced by 'T rib e '.
19. The original sections 3.01 to 3.22.04 shall be deleted and replaced by the follow ing: 3.01 The members o f the Commission shall be appointed by Council in the follow ing manner:
3.01.01 The Commission shall have not few er than fo u r members and not more than six members appoimed by Council;
3.01.02 Three members o f the Blood Tribe not being B lood Tribe Councillors shall be appointed fo r terms o f three, two and one years respectively and thereafter shall be appointed f o r three year terms on a staggered basis;
3.01.03 One Blood Tribe Councillor appointed during his term o f office fo r a period as decided by the Blood Tribe Council;
3.01.04 The number o f non-Council members o f the Commission may be increased from three up to five members. The term o f the additional members shall also be three years on a staggered basis so that not more than two non-Council members are appointed fo r a three year term in any given year.
3.02 Members o f the Commission shall elect from among themselves a 4
chairperson, a vice-chairperson and other such officers as they consider necessary. The chairperson shall not be a member o r employee o f the Po lice Service o r a member o f Council. I f such member be elected a C h ief o r Councillor, he shall be deemed to have thereupon resigned his position o f chairperson and the members o f the Commission shall elect from among themselves another person as chairperson.
3.03 The Chairperson shall act as chairperson at a ll meetings o f the said Commission but, in the event o f his absence o r inability to act at a meeting, the Vice-Chairperson shall act as chairperson at any such meeting.
3.04 Where any member o f the Commission is by reason o f illness o r any other cause incapable o f perform ing his duties, the Chairperson may declare his position as Commissioner to be vacant and the Council may appoint a person to act in his place and stead fo r such period and upon such terms and conditions as the Council may deem advisable.
3.05 Any member o f the Commission may resign by sending a written notice o f resignation to the Commission and the date o f resignation shall be the date the letter o f resignation is received.
3.06 The appointment o f a member to the Commission may be revoked, at the request o f the Commission, by majority vote o f the Council fo r cause, including i f the Commission member:
3.06.01 is absentfrom three consecutive meetings o f the Commission unless the absence is authorized by the Chairperson o r by resolution o f the Commission;
3.06.02 discloses Commission business without the consent o f the Chairperson o r by resolution o f the Commission;
3.06.03 acts in a manner that is detrimental to the operation o f the Commission o r demonstrates unethical behaviour;
3.06.04 is no longer eligible to be a member o f the Commission. 3.07 A ll persons appointed to the Commission, before entering upon the duties o f the office, shall take the Oath o f Office provided in Appendix A to this Bylaw and may participate in a Blood Tribe ceremony confirm ing the responsibility o f the Office to the Blood Tribe.
3.08 Each member appointed to the Commission may discharge the duties and has a ll the rights and powers o f a member o f the Commission including a vote on
5
a ll resolutions. The Chairperson shall have a vote in a ll resolutions and, in the event o f a tied vote, shall cast a second vote to break the tie.
3.09 Any document, direction o r decision o f the Commission shall be presumed to be prim a facie authentic i f certified a true copy by the Chairperson o r Vice Chairperson o f the Commission.
3.10 The Commission shall keep a record o r minute book o f a ll o f its meetings and a ll proceedings conducted before the Commission o r any member thereof, and shall ensure that a ll orders and recommendations made by the Commission are properly authenticated and filed .
3.11 A majority o f voting members o f the Commission present at any duly convened meeting thereof may exercise any and a ll powers o f the Commission pursuant to this Bylaw.
3.12 The Commission shall be responsible fo r the control and management o f the Po lice Service and a ll matters connected therewith and shall have the powers and duties specifically assigned to it by this Bylaw including, but not so as to lim it the generality o f the foregoing, the follow ing powers:
3.12.01 in general, to examine and decide upon policy matters o f concern to the Blood Tribe Police Service;
3.12.02 to establish, man, equip, direct, assess, superintend and oversee a ll aspects o f the operations o f the Police Service;
3.12.03 to prescribe the ranks and grades o f the Police Service members and the maximum numbers o f members to be appointed to each rank o f the Police Service;
3.12.04 to discharge the responsibilities and duties assigned to the Commission under any agreement on policing entered into between the Blood Tribe and the federal, provincial, o r municipal governments;
3.12.05 to establish and enforce policies: a) governing the operation o f the Commission, b ) governing the operation o f the Police Service, c ) governing the appointment, employment, qualifications, training, duties, discipline and performance o f duty o f members and
6
auxiliary members o f the Police Service, d ) governing the investigations o f members and auxiliary members o f the Police Service,
e ) prescribing colour and style o f uniforms, accoutrements and insignia fo r members and auxiliary members o f the Po lice Service,
f ) governing clothing and equipment furnished to o r used by the members and auxiliary members o f the Police Service,
8) governing the possession, use, and reporting o f use o f firearm s with respect to members and auxiliary members o f the Po lice Service,
h ) governing the employment o f civilian employees o f the Po lice Service,
i) governing the providing o f and release o f information concerning Commission o r Police Service policies, and
j ) prescribing the information and statistical data to be kept and reported by the Police Service.
3.12.05 to establish and enforce the terms o f employment o f a ll members o f the Police Service;
3.12.06 to establish a central information, research, assessment and statistics service and to operate and utilize same in co-operation with surrounding police forces, the Council and the Po lice Service;
3.12.07 to investigate o r direct the investigations o f complaints against the C hief o f Police o r the Police Service as set out in this Bylaw;
3.12.08 to conduct inquiries into any matter respecting the Po lice Service; 3.12.09 to make recommendations to Council with respect to amendments to this Bylaw and to any other enactments dealing with law enforcement;
3.12.10 to establish advisory committees to advise the Commission on matters concerning youth, Blood culture, intergovernmental relations, financial management and any other matter related to policing, and to appoint Blood Tribe members o r non-members to
1
these committees as required. 3.13 The Commission shall provide a written report to Council annually. 3.14 The Commission may obtain any information from the Police Service it considers necessary to enable it to assess the efficiency and financia l requirements o f the Po lice Service.
3.15 Although the Commission shall be responsible fo r the terms o f employment o f the C hief o f Police and other members o f the Police Service, the Commission shall not be a body corporate nor shall any member o f the Commission be personally liable o r responsible fo r any monies payable o r alleged to be payable by reason o f any employment, act o r neglect o f any o f the aforesaid members.
3.16 The Commission shall not itself pay the expenses o f the Po lice Service but shall be responsible fo r its constitution, establishment and maintenance.
3.17 Except when communicating a decision o f the Commission to the C h ief o f Police , no member o f the Commission o r Council shall issue o r purport to issue any order, direction o r instruction to any member o f the Police Service relative to his duties as a member o f the Service.
3.18 The Commission may hold such meetings as it considers necessary and may, in the course o f its investigations, conduct public meetings to inquire into the administration, operation, discipline o r requirements o f the Po lice Service o r the C h ief o f Police.
3.19 The Commission may direct that the whole o r any portion o f a hearing, investigation o r inquiry under this Bylaw be held in camera where the hearing, investigation o r inquiry could affect an ongoing Police Service investigation o r disclose confidential information.
3.20 The Commission and each member thereof shall establish and maintain impartiality with respect to a ll policing matters. A ll matters brought to the Commission in relation to policing must be given courteous and careful consideration. Whenever possible, the Blood Tribe members w ill be informed o f the action which it may take in respect o f their concerns.
IN P A R T IV : 20. In Part IV , the heading 'D irecto r' and the original sections 4.01 to 4.02 shall be deleted. 21. Part V shall become Part IV . 8
22. The heading shall be numbered 4.00 and a) the word ’ Tribal’ shall be replaced by ’ Tribe b) the word ’Force ' shall be replaced by ’Service’ . 23. The original section 5.01 shall be renumbered 4.01 and shall be amended as follows: 4.01 The members o f the Police Service shall be appointed in the follow ing manner:
4.01.01 the Commission shall appoint the Chief o f Po lice ; 4.01.02 the Commission may appoint other members holding such ranks, offices and positions as are prescribed by the Commission.
24. The original section 5.02 shall be deleted and replaced with section 4.02 as follows: 4.02 The Commission may establish a probationary period o f service fo r a person who is:
4.02.01 appoimed as a member o f the Police Service; 4.02.02 appointed o r promoted to a position o f higher rank within the Police Service.
25. A new section 4.03 shall read: 4.03 The C hief o f Police is responsible fo r and shall issue orders and make directives in accordance with the policies and procedures established by the Commission fo r :
4.03.01 the preservation and maimenance o f the public peace and the prevention o f crime within the Blood community,
4.03.02 the maimenance o f ethics and discipline and the performance o f duty within the Police Service, subject to the provisions o f this Bylaw,
4.03.03 the day to day administration o f the Police Service, 4.03.04 the application o f professional police procedures, and 4.03.05 the enforcement o f policies made by the Commission with respect 9
to the Police Service. 26. A new section 4.04 shall be inserted as follows: 4.04 The C hief o f Police is accountable to the Commission fo r the fo llow ing : 4.04.01 the operation o f the Police Service; 4.04.02 the manner in which he carries out his responsibilities; 4.04.03 the administration o f the finances o f the Police Service; 4.04.04 the reporting to the Commission o f any information concerning the activities o f the Police Service that the Commission may request, provided that any information relating to ongoing investigations is received in confidence; and
4.04.05 the reporting to the Commission o f any complaint made against the Police Service o r its members and the manner in which the complaint is resolved.
27. The original section 5.03 shall be renumbered section 4.05, and a) the words "C h ie f Constable' shall be replaced by ’ C hief o f P o lic e ', b) the word 'Force' shall be replaced by "S e r v ic e and c) the words "as such appointment is described in the Agreement" shall be deleted. 28. The original section 5.04 w ill become section 4.06 and the word 'F o rce ' shall become 'Service'.
29. The original section 5.05 w ill be renumbered 4.07 with subsections renumbered accordingly and shall be amended as follows:
a) the word 'F orce ' shall be replaced by 'Service;' b) in the original subsection 5.05.02 now subsection 4.07.02, the words 'as Tribal Police officers' shall be replaced by 'a Blood Tribe Police Service O ffice r'’,
c) the original subsection 5.05.03 section shall be deleted; d) the original subsection 5.05.04 shall be renumbered subsection 4.07.03 and amended as follows:
10
i) after the word 'position ', the word 'and' shall be inserted; ii) the phrase 'O ther standards may be required from time to time by the Police Commission.' shall be deleted.
e) a new section 4.07.04 shall be inserted as follows: 4.07.04 meets such other standards as may be required from time to time by the Police Commission.
30. A new section 4.08 and shall be inserted as follows: 4.08 It is preferable that a member o f the Police Service has the ability to speak and understand the Blackfoot language sufficiently so as to enable him to effectively carry out his duties as a Blood Tribe Police Service officer.
31. Section 5.06 w ill become section 4.09 and shall be amended as follows: 4.09 Every member o f the Police Service shall, before entering upon the duties o f his office, take the Oath o f Allegiance and Office provided in Appendix B to this Bylaw and may participate in a Blood Tribe ceremony confirm ing the responsibility o f the Office to the Blood Tribe.
32. The original section 5.07 shall be deleted. 33. The original section 5.08 shall be renumbered section 4.10 with subsections renumbered accordingly and shall be amended as follows:
a) in the original subsection 5.08 now subsection 4.10: i) the word ’Force ' shall be replaced by 'S erv ice '’, ii) the word 'orders' shall be replaced by 'p o licies '; iii) the words 'and pursuant to this Agreement' shall be deleted; b) in the original subsection 5.08.02 now subsection 4.10.02 the word 'a c t' shall be replaced by 'law ';
c) in the original subsection 5.08.03, now subsection 4.10.03, the word 'and ' at the end o f the subsection shall be deleted;
d) a new subsection shall be inserted after the original section 5.08.03 now 4.10.03 as follows:
11
4.10.04 to uphold the responsibility o f the Blood Tribe confirmed by Treaty No. 7 to maintain peace and good order amongst themselves and between themselves and others',
e) the original section 5.08.04 w ill become section 4.10.05 and shall be amended as follows:
4.10.05 to act in accordance with the Code o f Ethics and Conduct provided in Appendix D to this Bylaw;
f ) a new subsection shall be numbered as section 4.10.06 and inserted as follows: 4.10.06 To enforce the Bylaws o f Council; and g ) the original subsection 5.08.05 shall be renumbered subsection 4.10.07. 34. The original section 5.09 shall be deleted. 35. The original section 5.10 w ill become section 4.11 and shall be amended as follows: 4.11 The members o f the Police Service shall have the jurisdiction as set fo rth in this Bylaw and may hold other appointments including an appointment pursuant to the Police A ct o f Alberta (Chapter 12.01,1988) as amendedfrom time to time.
36. The original section 5.11 w ill become section 4.12 and shall be amended as follows: 4.12 The Commission may retain and empower reserve police officers in support o f the regular po lice officers o f the Police Service and may make policies and procedures fo r the appointment o f such auxiliaries and reserve officers and fo r defining the limitations o f their powers, duties and functions as peace officers and members o f the Blood Tribe Police Service fo r such lim ited purposes as are assigned to them.
37. A new section 4.13 shall read: 4.13 A member o f the Police Service may be dismissed: 4.13.01 by the Chief o f Police fo r disciplinary reasons pursuant to this Bylaw and the disciplinary procedures established by the Commission;
4.13.02 by the Commission fo r a) cause; or 12
b ) any other reason on proper notice being given. 38. The original section 5.12 shall be deleted. IN P A R T V : 39. A new Part V shall be inserted as follows: 5.00 Complaints Against the Police Service o r the Chief o f Po lice 5.01 Complaints respecting the Police Service o r the conduct o r performance o f duty o f the C hief o f Police shall be directed to the Commission.
5.02 Complaints shall be in writing and signed by the complainant o r i f made verbally, the chairperson o f the Commission shall cause the complaints to be recorded in writing and the complainant shall sign the recorded complaint.
5.03 The Chairperson o f the Commission shall cause each complaint to be investigated.
5.04 The Commission may initiate an investigation o f the Chief o f Po lice i f there is reason to believe that the Chief o f Police has breached his duties as set out in this Bylaw.
5.05 The C hief o f Police shall, when requested to do so, supply the Commission with a ll statements and correspondence sem and received with respect to the complaint.
5.06 The Commission may, pending completion o f the investigation o f the C hief o f P o lice :
5.06.01 relieve the Chief o f Police o f his duties and reassign him to other duties;
5.06.02 relieve him from duty with pay; o r 5.06.03 relieve him from duty without pay. 5.07 The C hief o f Police shall have the right in a disciplinary matter to : 5.07.01 hear the charge against him; 5.07.02 have the opportunity to make an answer to the charge. 13
5.08 Where the Commission deems it appropriate, the disciplinary matter may be dealt with informally without holding a hearing.
5.09 I f the Commission finds that the Chief o f Police has breached his duties as C h ief o f Police, the Commission shall impose such disciplinary measures it considers appropriate, including:
5.09.01 a verbal o r written warning, 5.09.02 a suspension with o r without pay, 5.09.03 a demotion in rank, o r 5.09.04 dismissal. 5.10 A fter the investigation is complete, the Chairperson shall: 5.10.01 inform the complainant and the Chief o f Police, i f the investigation concerns him, in writing as to whether any breach o f duty was found to have occurred and, i f so, as to the action to be taken;
5.10.02 in a ll cases where a ll o r any portion o f a complaint has been found not to be justified, inform the complainant o f the right to appeal the finding to the Blood Tribe Police Appeals Committee.
5.10.03 in a ll cases where the Commission finds that there has been a breach o f duty on the part o f the C hief o f Police, inform the C h ief o f Police o f the right to appeal the finding and/or the penalty imposed to the Blood Tribe Police Appeals Committee.
5.11 When the Commission is o f the opinion that the conduct o f the C h ief o f P o lice giving rise to the investigation may constitute an offence under an A ct o f the Parliament o f Canada, the Legislature o f Alberta, o r the Blood Tribe bylaws, it shall forthw ith inform the M inister o f Justice and Attorney General o f Alberta.
5.12 The Commission may make arrangements fo r a senior officer o f another p o lice fo rce to carry out an investigation concerning the Chief o f Police.
IN P A R T V I: 40. The original heading ’D iscipline ’ shall be numbered as section 6.00 and amended as follows:
14
6.00 D iscipline o f Members o f the Police Service 41. Sections 6.01 to 6.03 shall be deleted and replaced by: 6.01 Complaints respecting the conduct o r performance o f duty o f any member o r members o f the Police Service other than the Chief o f Po lice shall be directed to the C hief o f Police who shall advise the Commission o f a ll complaints, results o f investigations o f the complaints, and the actions taken.
6.02 Complaints shall be in writing and signed by the complainant o r i f made verbally, they shall be recorded in writing by the Chief o f Po lice and signed by the complainant.
6.03 The Chief o f Police shall cause each complaint to be investigated. 6.04 The Chief o f Police may initiate an investigation o f a member o f the Po lice Service i f there is reason to believe that the member has breached his duties as set out in this Bylaw.
6.05 The Chief o f Police may, pending completion o f the investigation o f a member o f the Police Service:
6.05.01 reassign him to other duties; 6.05.02 relieve him from duty with pay; o r 6.05.03 relieve him from duty without pay subject to confirm ation o f the Commission within 30 days.
6.06 The member shall have the right in a disciplinary matter to : 6.06.01 hear the charge against him; 6.06.02 have the opportunity to make an answer to the charge. 6.07 Where the Chief o f Police deems it appropriate, the disciplinary matter may be dealt with informally without holding a hearing.
6.08 Where the Blood Tribe Police Commission deems appropriate, it may adopt and apply, in part o r in total, the disciplinary procedures provided fo r in the provincia l Po lice Act and Regulations, mutatis mutandis, to the Blood Tribe Po lice Service.
6.09 I f the C hief o f Police finds that a member o f the Police Service has 15
breached his duties as a police officer, o r any established policy o r regulation, o r any employment contract, the Chief o f Police shall impose such disciplinary measures as are appropriate, including:
6.09.01 a verbal o r written warning, 6.09.02 a reassignment o f duties, 6.09.03 a suspension with o r without pay, 6.09.04 a demotion in rank, o r 6.09.05 dismissal. 6.10 The Chief o f Police shall, after the investigation is complete: 6.10.01 inform the complainant in writing and the members o f the Police Service involved as to whether he has found that a breach o f duty has occurred and, i f he has, as to the disciplinary action to be taken;
6.10.02 in a ll cases where he has found a ll o r any portion o f a complaint not to be justified, inform the complainant o f the right to appeal the finding to the Blood Tribe Police Appeals Committee;
6.10.03 in a ll cases where he has found that a breach o f duty has occurred, inform the members o f the Police Service involved o f the right to appeal the finding and/or the penalty imposed to the B lood Tribe Police Appeals Committee.
6.11 When the Chief o f Police is o f the opinion that the conduct o f the member o f the Police Service who is involved in the investigation may constitute an offence under an A ct o f the Parliament o f Canada o r the Legislature o f A lberta, he shall forthw ith inform the M inister o f Justice and Attorney General o f Alberta.
6.12 The Chief o f Police, with the approval o f the Commission, may make arrangements fo r a member o f another po lice fo rce to carry out an investigation concerning a member o f the Blood Tribe Police Service.
6.13 The C hief o f Police shall be the supervisor o f civilian employees o f the Blood Tribe Police Force who shall be employees o f the B lood Tribe Police Commission and not employees o f the Council. H iring and firin g shall be done by the C hief o f Police and employee personnel policies shall become effective upon approval o f the Commission.
16
IN P A R T V II: 42. Part V II shall be entitled ’Blood Tribe Police Appeals Committee 43. New sections 7.00 to 7.03 shall be inserted as follows: 7.00 B lood Tribe Police Appeals Committee 7.01 Council shall appoint the Blood Tribe Police Appeals Committee consisting o f three members from a list provided by the Commission o f persons knowledgeable about police matters and about the Blood Tribe and the term o f such appointments shall be two years. Such members shall be neither members o f Council o r the Commission.
7.02 The members o f the Blood Tribe Police Appeals Committee shall select from among themselves a Chairperson.
7.03 A ll persons appointed to the Blood Tribe Police Appeals Committee, before entering upon the duties o f the office, shall take the Oath o f O ffice provided in Appendix C to this Bylaw and may participate in a B lood Tribe ceremony confirm ing the responsibility o f the Office to the Blood Tribe.
44. The original section 6.04 shall be renumbered section 7.04 and shall be amended as follows:
7.04 A complainant may, within 30 days o f being advised by the C h ief o f Po lice o r the Commission o f a finding that a ll o r any portion o f his complaint was not justified, appeal to the Blood Tribe Police Appeals Committee by filin g therewith a notice o f appeal setting forth the grounds upon which the appeal is based.
45. The original section 6.05 shall be renumbered section 7.05 and amended as follows: 7.05 A member o f the Police Service, including the Chief o f Police, may, within 30 days o f being advised by the Chief o f Police o r the Commission o f a decision in respect o f an investigation concerning him, appeal to the B lood Tribe Police Appeals Committee by filin g therewith a notice o f appeal setting forth the grounds upon which the appeal is based.
46. The original section 6.06 shall be numbered section 7.06 and the words ’the Chairman o f the B lood Police Appeals Committee'' shall be replaced by ’the Chairperson o f the B lood Tribe Police Appeals Committee’ .
47. The original sections 6.07 and 6.08 shall be deleted. 17
48. A new section 7.07 shall be inserted as follows: 7.07 The member o f the Police Service o r the Chief o f Police who is the subject o f the appeal and the complainant who firs t filed a complaint shall be entitled:
7.07.01 to notice o f the appeal; 7.07.02 to attend at any hearings o f the appeal; 7.07.03 to be represented by another person; 7.07.04 to make representations to the Blood Tribe Police Appeals Committee.
49. Section 6.09 shall be renumbered 7.08 and shall be amended as follows: 7.08 The C hief o f Police and the Chairman o f the Commission shall, when requested to do so, supply the Blood Police Appeals Committee with a ll investigation reports, statements and correspondence sent and received with respect to an investigation.
50. The original section 6.10 shall be renumbered section 7.09. 51. The original section 6.11 shall be renumbered section 7.10 and shall be amended as follows:
7.10 In determining an appeal under this Part, the Blood Tribe Po lice Appeals Committee may make its decision based on the record without a hearing with agreement o f the parties o r conduct a hearing which may be closed o r public.
52. The original section 6.12 shall be renumbered 7.11 with the subsections renumbered accordingly and shall be amended as follows:
a) in the original subsection 6.12 now subsection 7.11: i) the words ’under A rticle 6.04 o r 6.05' shall be replaced by ’under this P a rt';
ii) the words 'B lood Police Appeals Committee' shall be replaced by 'B lood Tribe Police Appeals Committee
iii) after the word 'm ay', the words 'providing reasons therefor' shall be added;
18
b) subsection 7.11.05 shall be amended as follows: refer the matter back to the Chief o f Police i f it concerns a member o f the Police Service o r back to the Commission i f it concerns the Po lice Service in general o r the Chief o f Police, o r
c) in subsection 7.11.06 ’regulations o r rules made under the authority o f shall be deleted.
53. The original sections 6.13 to 6.17.02 shall be deleted. 54. New sections 7.12 to 7.13 shall be inserted as follows: 7.12 The Blood Tribe Police Appeals Committee shall inform in writing the follow ing persons o f its decision:
7.12.01 the person who filed the notice o f appeal; 7.12.02 the party who rendered the decision appealed from ; 7.12.03 the M inister o f Justice and Attorney General i f the appeal involves a member o f the Police Service who was appointed as a peace officer by the M inister o f Justice and Attorney General.
7.13 An appeal o f the decision o f the Blood Tribe Police Appeals Committee may be made to the Federal Court o f Canada solely on issues o f jurisd iction and natural justice.
IN P A R T V III: 55. Part V II shall become Part V III. 56. A new section heading shall be inserted as follows: 8.00 General 57. Section 7.01 shall be renumbered section 8.01 and shall be amended as follows: a) the words 'Neither any member' shall be replaced by 'no m em ber'’, b) ’ the words 'the Blood Police Appeals Committee, the Commission, Band Council, Police Force, o r the D irector, o r the Chief Constable, shall be replaced by 'the Commission o r the Blood Tribe Police Appeals Committee'',
19
c) the words 'heldpersonally o r individually' shall be inserted after 'shall b e '; d) the words 'under this Bylaw where such actions are taken in good fa ith and without m alice' shall be inserted after the words 'duty o r requirement'.
58. N ew sections 8.02 to 8.06 shall be inserted as follows: 8.02 The Commission, in consultation with the Chief o f Police, shall prepare an annual budget fo r the operation o f the Police Service and present the budget to Council together with such information necessary to enable Council to assess the operating and financial requirements o f the Police Service.
8.03 The Council shall take such measures as necessary to cause the Po lice Service budget as recommended by the Commission to be met including a ll operation expenses and capital requirements o f the Police Service but shall have no direct o r indirect involvemem in direction o f the activities o f the Police Service.
8.04 The Commission is solely responsible fo r allocating the funds as acquired by Council fo r the Police Service.
8.05 The Council may, on the recommendation o f the Commission, enter into any arrangements o r agreements with any government o f any province o r Government o f Canada respecting policing and law enforcement matters which concern the Reserve.
8.06 The Commission shall appoint and direct such civilian officials, clerks and employees as are necessary fo r carrying out the functions and duties o f the Commission.
59. The original section 7.02 shall be renumbered section 8.07 and amended as follows: 8.07 This Bylaw may be amended o r altered from time to time by Council resolution and a ll such amendments o r alterations shall be adhered to and have the same fo rce and effect as i f they had been originally embodied in and form ed part o f this Bylaw.
60. The original section 7.03 shall be renumbered 8.08 and a) 'B lood Police Appeals Committee' shall be replaced by ’B lood Tribe Police Appeals Committee'.
b) 'D irec to r' shall be deleted. 20
61. The original sections 7.04 and 7.05 shall be renumbered 8.09 and 8.10 respectively. 62. The original section 7.06 shall be deleted. IN TH E C LO S IN G R E C IT A L : 63. The original closing recital shall be deleted and replaced by the follow ing with the date o f the amending bylaw duly inscribed:
IN WITNESS WHEREOF, and agreeing in principle and content with the above provisions o f this Bylaw, the Council o f the Blood Tribe pass this Bylaw and have hereunto set their hands and seals firstly on the 18th day o f A pril, 1980 and secondly by amendment on th e _____day o f _____________ , 1994.
21
IN A PPE N D IX A : 64. An Appendix A in the following form is hereby appended as part o f the bylaw: A PPE N D IX A OATH O F O FFIC E (P o lice Commission M em ber) I, __________________________ ________ swear (o r: solemnly affirm ) that I w ill diligently, faithfully and to the best o f my ability execute according to law the office o f a member o f the Blood Tribe Police Commission and w ill not, except in the discharge o f my duties, disclose to any person any matters o r evidence brought before me as a member o f the Blood Tribe Police Commission, so help me God (o r: this affirmation is binding upon my conscience).
Sworn (Affirmed) at ) ) ) ____________________________________ in the Province o f ) Signature Alberta, th is ___________ ) day o f _______ A .D . 19 ) A Commissioner fo r Oaths in and fo r the Province o f Alberta
22
IN A PPE N D IX B: 65. An Appendix B in the following form is hereby appended as part o f the bylaw: APPENDIX B OATH OF ALLEGIANCE AND OFFICE (Police Officer) I , _________________________________ , swear (or: solemnly affirm) that I w ill be faithful and bear true allegiance to the Blood Tribe and Her Majesty Queen Elizabeth the Second, her heirs and successors, according to law, in the office o f a police officer fo r the Blood Tribe in accordance with Treaty 7 between the aforesaid parties and that 1 will diligently, faithfully and to the best o f my ability execute according to law the office o f a police officer and w ill not except in the discharge o f my duties, disclose to any person any matter o f evidence that may come to my notice through my tenure in this office, so help me God (or: this affirmation is binding upon my conscience.)
Sworn (Affirmed) at ) ) ___________________________ ; _____________________________________ in the Province o f ) Signature Alberta, th is_____________ ) day o f____ A.D . 19___ . ) A Commissioner fo r Oaths in and fo r the Province o f Alberta
23
IN A PPE N D IX C: 66. An Appendix C in the following form is hereby appended as part o f the bylaw: A PPEN D IX C OATH O F O FFIC E (P o lice Appeals Committee M em ber) 1 ,___________________________________swear (o r: solemnly affirm ) that I w ill diligently, faithfully and to the best o f my ability execute according to law the office o f a member o f the Blood Tribe Police Appeals Committee and w ill not, except in the discharge o f my duties, disclose to any person any matters o r evidence brought before me as a member o f the B lood Tribe Po lice Appeals Committee, so help me God (o r: this affirmation is binding upon my conscience).
Sworn (Affirm ed) at ) ) ___________________________ ; _____________________________________ in the Province o f ) Signature Alberta, th is ______________ ) day o f _______ A .D . 19__. )
A Commissioner fo r Oaths in and fo r the Province o f Alberta
24
IN A PPE N D IX D: 67. An Appendix D in the following form is hereby appended as part o f the bylaw: A PPE N D IX D CODE O F ETHICS A N D CO ND UCT 1.0 A member o f the Blood Tribe Police Service shall perform his duties as a member o f the Police Service with integrity, diligence and in accordance with his oath o f office.
2 .0 A member shall not engage in any action that constitutes one o r more o f the follow ing:
2.1 breach o f confidence, which is defined as: 2.1.1 divulging any matter that is the member’s duty to keep in confidence;
2.1.2 giving notice, directly o r indirectly, to any person against whom a warrant has been issued, except in the lawful execution o f the warrant o r service o f the summons;
2.1.3 communicating to the news media o r any unauthorized person any matter connected with the Police Service without proper authorization from a superior po lice officer o r in contravention with the rules o f the Police Service;
2.1.4 showing to any person who is not a member o f the Police Service any record that is the property o f o r in the custody o f the Police Service without proper authorization from a superior police officer o r in contravention with the rules o f the Police Service;
2.2 consumption o r use o f alcohol o r drugs in a manner that is prejudicial to duty, which is defined as:
2.2.1 consuming alcohol while on duty unless otherwise authorized to do so by a superior police officer;
2.2.2 consuming o r otherwise using drugs that are prohibited by law from being in a person’s possession;
25
2.2.3 reporting fo r duty, being on duty o r standing by f o r duty while unfit to do so by reason o f the use o f a lcohol o r drugs;
2.3 corrupt practise, which is defined as: 2.3.1 fa ilin g to account fo r o r to make a prom pt and true return o f money o r property that the police officer received in his capacity as a police officer;
2.3.2 directly o r indirectly soliciting o r receiving a payment, gift, o r favour without the consent o f the C hief o f P o lice ;
2.3.3 placing oneself under a financial, contractual o r other obligation to a person in respect o f whom the member could reasonably expect he may be required to report o r give evidence;
2.4 deceit, which is defined as: 2.4.1 wilfully o r negligently making o r signing a false, misleading o r inaccurate statement o r entry in an officia l document o r record;
2.4.2 wilfully o r negligently making o r signing a false, misleading o r inaccurate statement pertaining to the member’s duties;
2.4.3 without a lawful excuse, 2.4.3.1 destroying, mutilating o r concealing an officia l• document o r record; o r
2.4.3.2 altering o r erasing an entry in an officia l document o r record;
2.4.4 abetting in o r knowingly contravention o f this section by another peace officer;
2.5 discreditable conduct, which is defined as: 2.5.1 contravening 2.5.1.1 an Act o f the Parliament o f Canada, o r any 26
being an accessory to
regulation made thereunder, 2.5.1.2 an Act o f the Legislative Assembly o f Alberta, o r any regulation made thereunder, o r
2.5.1.3 a code, law, o r bylaw duly made by the Blood Tribe o r the Blood Tribal Council
where the contravention is o f such character that it would be prejudicial to discipline o r likely to bring discredit on the reputation o f the Police Service;
2.5.2 withholding o r suppressing a complaint against o r a report made in respect o f a peace officer o r a po lice service;
2.5.3 using oppressive subordinate;
2.5.4 wilfully making a false complaint o r statement against any member o f a police service;
2.5.5 using profane, abusive, o r insulting language to any member o f the police service o r to any member o f the general public;
2.5.6 differentially applying the law o r exercising authority on the basis o f race, colour, religion, sex, physical disability, mental disability, marital status, age, ancestry o r place o f origin other than in accordance with an affirmative action program approved by the Commission o r the C h ief o f Police ;
2 .5 .7 seeking notoriety, directly o r indirectly, in the news media; 2.5.8 doing anything prejudicial to discipline o r likely to bring discredit on the reputation o f the Police Service;
2 .6 improper use o f firearms, including: 2.6.1 when on duty, having in one’s possession any firearm other than the one that is issued to the member by the Po lice Service;
27
o r tyrannical conduct towards a
2.6.2 when on duty, other than when on a firearm training exercise, discharging a firearm , whether intentionally o r by accident, and not reporting the discharge o f the firearm as soon as practicable to one’s superior officer;
2.6.3 fa iling to exercise sound judgement and restraint in respect o f the use and care o f a firearm ;
2.6.4 showing o r pointing a firearm without justifica tion ; 2.6.5 loaning o r giving up a service firearm to an unauthorized person;
2.6.6 not taking reasonable measures to prevent loss, theft, o r use by a third party o f one’s firearm ;
2.6 .7 displaying one’s firearm to the public by wearing it when not dressed in uniform.
2.7 insubordination, which is defined as: 2.7.1 being insubordinate to a superior police officer by word o r action;
2.7.2 omitting o r neglecting, without adequate reason, to carry out a lawful order, directive, rule o r policy o f the Commission, Chief o f Police, o r other person who has the authority to issue o r make that order, directive, rule o r policy ;
2.8 neglect o f duty, which is defined as: 2.8.1 neglecting without lawful excuse to promptly and diligently perform the member’s duties o f a police officer;
2.8.2 fa iling to work in accordance with orders o r leaving an area, detail, o r other place o f duty without due permission o r sufficient cause;
2.8.3 perm itting a prisoner to escape on account o f carelessness o r negligence;
2.8.4 fa iling, when knowing where an offender is to be found, to report him or to make reasonable efforts to bring him to
28
justice; 2.8.5 fa iling to report a matter that is one’s duty to report; 2.8.6 fa iling to report anything one knows concerning a crim inal o r other charge;
2 .8 .7 fa iling to disclose any evidence that a member, o r any other person to his knowledge, can give fo r o r against any prisoner o r defendant;
2.9 unlawful o r unnecessary exercise o f authority, which is defined as: 2.9.1 exercising one’s authority as a police officer when it is unlawful o r unnecessary to do so;
2.9.2 applying inappropriate o r excessive force in circumstances where force is used.
29
62. The Blood Tribal Police Bylaw and each clause contained therein continues in effect without interruption subject only to such amendments enacted herein by Council as come into effect with the passage o f this amending bylaw.
IN W ITN E SS W H EREO F, the Council o f the Blood Tribe pass this amending bylaw and have hereunto set their hands and seals this day o f , 1994. BLO OD TR IB E C O U N C IL C H IE F C O U N C ILLO R S
30