Part II - Enacted First Nations Legislation

Decision Information

Decision Content

a *3* BY-LAW NO. 15 A Blood Band By-law providing for defining certain pre­ parations and mixtures as intoxicants for purposes of S.97 of the Indian Act, R.S.C. c.149. We, the Blood Band Council, at a duly convened meeting and a quorum existing hereby enact the following by-law under the power vested in us by S. 81 (c), (d), (q) and (r) of the Indian Act R.S.C. c.149, to provide for the observance of law and order, and the prevention of disorderly conduct and nuisances. For purposes of S.97 of the Indian Act R.S.C. c.149: (1) intoxicants as defined in S.2 of the Indian Act R.S.C. c.149 shall hereby include and extend to all preparations and mix­ tures commonly known as l?glue,nand any other substance capable of intoxicating, to all preparations and mixtures containing lead; to all preparations containing alcohol, and which are possessed for intoxication purposes or for purposes other than of which such preparations and mixtures are manufactured. (2) persons under the age of eighteen (18) years in possession of the above intoxicants for purposes other than for which such preparations and mixtures are manufactured, or intoxicated by such preparations or mixtures, shall be liable to detention until due notice is served on the parent (s) or guardian (s) of said person by mail, telephone, or in person by the arrest­ ing officer, at which time such persons shall be released to the custody of his (her) (their) parent (s) or guardian (s) for a first offence. Subsequent offences by (a) person (s) under this by-law shall make his (her) (their) parent (s) or guardian (s) guilty of an offence and liable to a fine not exceeding One Hundred Dollars ($100.00) or to imprisonment not exceeding thirty (30) days, or both, or upon the recommendation of the Director of Protection Services to perform a beneficial service to the Blood Band Community according to the following schedule: One (1) hour of service equals a three dollar ($3.00) reduction in fine, or one (1) eight (8) hour day equals two (2) days of imprisonment. Persons performing a beneficial service shall be released on their own recognisance but must report to the Director of Protection Services at the beginning and end of each service day. A person who fails to fulfill the required amount of beneficial service shall be subject to the above maximum fine or imprisonment, or both, with no credit given for beneficial service time. In addition, the Director of Protection Services may recommend compulsory attendance of a designated education program on drug and alcohol abuse by the immediate family or guardian (s) including the person charged under this by-law. The above by-law, pursuant to Section 82 (2) of the Indian Act, R.S.C. c.149 shall come into force forty (40) days after a copy thereof is forwarded to the Minister pursuant to Section 82 (1), unless dis­ allowed by the Minister within that period, but the Minister may declare the by-law to be in force at any time before the expiration of the forty (40) day period. - 1 -
3y~Law No, 15, Continued: The Blood Band Council by posting at public places through-5 out the Blood Reserve the above by-law during the above mentioned forty (40) day period shall be deemed to have given sufficient notice to all concerned, But if the Minister disallows the by-law the Blood Band Council shall give notice of such disallowment» Passed by the Blood Band Council at its meeting of December 14, 1977. JIM SHOT BOTH SIDES_____ __ Head Chief COUNCILLORS: Frank Eagle Tail Feathers_____ Rose Yellow Feet Olive White Quills_____________ Pete Standing Alone Priscilla Bruised Head______________________________________ Pat Eagle Child__________ ____________________ Wallace G. Manyfingers Jr. _____________ _____ _ Doreen V. Rabbit A Quorum for this Band Consists of SEVEN (7) Council Members
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