BIGSTONE CREE NATION PANDEMIC BY-LAW 001-04-2020 APRIL 6, 2020 WHEREAS, the Chief and Council of Bigstone Cree Nation met at a duly convened meeting on the above date, and; WHEREAS, the Chief and Council of Bigstone Cree Nation are empowered to act on behalf of its' Membership, and; WHEREAS, Council has declared a State of Local Emergency and that an Emergency exists in Bigstone Cree Nation as a result oft he pandemic spread of COVID-19, and; AND WHEREAS, the Chief and Council wish to enact and enforce a bylaw in respect of a Pandemic Response for the health and safety of the Nation, its members and its residents in accordance with the Indian Act R.S.C., 1985, c. 1-5., more specifically Section 81 (l)(a), (b), (c), (d), (r). THEREFORE BE IT RESOLVED, the Chief and Council of Bigstone Cree Nation have approved and passed this bylaw on the date shown above and in accordance with the Indian Act R.S.C., 1985, c. 1-5, more specifically Sections 81 (l)(a), (b), (c), (d), (r)., 86(1), (2), (3), (4), (5), and; FURTHERMORE, BE IT RESOLVED, the Chief and Council of Bigstone Cree Nation hereby enacts the following Bigstone Pandemic Response bylaw: PART 1 - TITLE and DEFINITIONS Short Title 1. This By-law may be cited as the "Bigstone Pandemic Response By-law 001-04-2020"
PANDEMIC BY-LAW DEFINITIONS 2. In this By-law: a. "BCN" or "Bigstone" shall mean Bigstone Cree Nation; b. "Child" means a person who is minor under the age of 12; c. "Council" means the Chief and Council of Bigstone Cree Nation; d. "Curfew hours" means the hours of prohibition which are between 8:00 p.m. to 6:00 a.m. of the following morning as per Section 3 of this by-law; e. "Essential" People who are essential to maintain the government, public works, emergency services and law and order, that includes RCMP, Ambulance, Fire Dept. and By-law enforcement; f. "Local Business" means any business that operates within BCN Reserves; g. "Legitimate reason" means the following; 1. Traveling directly to and from place of work 11. Essential service iii. Essential employee iv. Emergency b. "Mass gathering" means funerals or any other gatherings in any of the public places; i. "Officer" means RCMP, Peace Officer, Special constable or By-law officer; j. '~Parent or Guardian" means the person(s) who in direct care of a child or youth; k. "Public place" means any place or area within Bigstone Cree Nation Reserve land that is privately or publicly owned or leased, to which the public have access as a right or by initiation, express or implied; I. "Reserve" means the Bigstone Cree Nation Reserves of# 166, 166A, 1668, 166C, 166D and Jean Baptiste Gambler Reserve # 183 and any other land owned/governed by Bigstone Cree Nation; m. "Road Monitoring" means manned checkpoints upon entry and exit of respective communities within BCN Reserves; n. "Self-Isolate" means to stay home for a term of 14 consecutive days, this includes everyone in the same household, upon arrival of returning to any of the BCN Reserves; o. "Violator" means any person who does not have a legitimate reason to be in a public place during the curfew hours; p. "Violation ticket" means a ticket issued to a Violator pursuant to this curfew bylaw as per Section 6 of this by-law. q. "Youth" means a person who is a minor between the ages of 13 and 17 years old;
PANDEMIC BY-LAW 3. CURFEW Council hereby authorizes the following; a. The Council enacts a curfew as established within each respective Reserve and is liable for enforcement; b. The Council will enforce road monitoring activities in respective Reserves, more specifically Reserves# 166, 116A, 166B, 166C, 166D, 183; c. The curfew hours are between 8:00 p.m. and 6:00 a.m. oft he following morning; d. Procure on a first priority basis any clothing, equipment medical supplies or any other essential supplies required to cope with the emergency, for the duration of the emergency; e. Local businesses in any emergency are prohibited to engage in price increases and is liable for enforcement; f. Local businesses are to restrict access to minors, and close one hour prior to curfew within each respective Reserve; g. Public places and facilities are closed during the Pandemic response; h. Failure to adhere to social distancing practice/protocols is liable for enforcement; i. Failure to abide by Public Health Orders is liable for enforcement; j. The curfew does not affect a person that is deemed essential or has a legitimate reason to be in a public place during curfew hours. k. The curfew is to remain in effect until Chief and Council lift the curfew and/or the Pandemic Response; I. Failure to self-isolate upon return to any respective Reserve is liable for enforcement; m. That at the discretion of the By-law officer and Peace Officers to issue violation tickets under Section 5 Part 3-Offences of this by-law; n. It is an offence under this by-law to fail to comply to any written order issued under Section 5 Part 3-Offences of this by-law.
PANDEMIC BY-LAW 4. PART 2-AUTHORITY This Bigstone Pandemic Response By-law shall come into effect upon a declaration of a State of Local Emergency (S.O.L.E.) a. The Chief and Council of Bigstone Cree Nation empowered by virtue of Section 81 of the Indian Act R.S.C. 1985. C. 1-5, may from time to time as deemed necessary by Chief and Council will enact this bylaw with for following intents and purposes; 1. to provide for the health of residents on the reserve and to prevent the spreading of contagious and infectious diseases; 11. the regulation of traffic; iii. the observance of law and order; 1v. the prevention of disorderly conduct and nuisances; v. the imposition on summary conviction of a fine not exceeding one thousand dollars or imprisonment for a term not exceeding thirty days, or both, for violation of a by-law made under this section; 5. PART 3 - OFFENCES a. A By-law officer and Peace Officers are hereby authorized and empowered to issue a violation ticket in accordance with the Provincial Offences Procedure Act to any person whom the By-law officer and Peace Officer have reasonable grounds to believe has contravened any provision of this by-law. b. A person who fails to comply with any provision of this by-law is guilty of an offence and is liable, upon summary conviction, to the fine specified in Section 6 of this by-law and in default of payment, to imprisonment for up to 30 days; c. If a Violation ticket is issued in respect of an offence, The Violation ticket may: i. Specify the amount established by this by-law for the offence, or 11. Require a person to appear in Court without the alternative of making a voluntary payment. d. A person who commits an offence may: 1. If a violation ticket is issued in respect of the offence, and; 11. If the violation ticket specifies the fine amount established by this By-law for
PANDEMIC BY-LAW the offence, make a voluntary payment equal to the specified fine by this Bylaw by delivering the violation ticket and the specified fine to the Provincial Court. e. When a clerk records in the court records the receipt of a voluntary payment pursuant to this by-law and the Provincial Offences Procedure Act, the act of recording receipt oft hat payment constitutes acceptance of the guilty plea and also constitutes a conviction and the imposition of a fine in the amount of the specified penalty. f. Notwithstanding the penalties established in Section 6 of this by-law, the Bigstone Cree Nation may take any actions necessary to enforce this by-law including, but not limited to, the suspension, or revocation of a business license and/or Bigstone Council Resolution issued by the Nation, or any other legal action required to bring about compliance with this by-law. g. If an officer finds a child or youth during curfew hours, the officer may call child protective services, if the officer determines the child or the youth is in need of protective services because of any of the following; i. The child or youth is abandoned or lost 11. The parent of guardian is unable or unwilling to care for the child or youth iii. The child or youth is in need of medical help 1v. There is a risk that the child or youth may be physically or mentally injured by the parent or guardian v. The child or youth has been physically or emotionally injured by the parent or guardian v1. The condition of the place of residence of the child or youth is considered inadequate by the officer to provide the basic needs or prevent injury or harm. 6. PENALTY a. Any person who fails to comply or adhere with an order made pursuant to this bylaw, or resists or interferes with an officer acting pursuant to this by-law, commits an offence. b. A person who commits an offence under this by-law is liable on summary conviction to a fine set out in Schedule "A" and/or including; 1. A maximum of$ 1,000 (o ne thousand dollars), or imprisonment for a term not exceeding 30 (thirty) days, or both. c. All fines are to be paid to the Provincial Court; fine amounts shall not be paid to any individual.
PANDEMIC BY-LAW 7. INTERPRETATION a. If any part of this by-law is found by the Court to be ineffective or inoperative by rule oflaw, that part shall be severed from this by-law in order to preserve the intent of the whole by-law. b. Words in this by-law that would normally imply singularity of male and female gender should be interpreted as including the singular and the plural and the masculine and feminine where the context requires. c. This by-law shall respect the customs, culture and traditions valued by Bigstone Cree Nation. d. Nothing in by-law shall be construed or interpreted in a manner so as to deny. abrogate or derogate any person from any of the Aboriginal or Treaty rights. e. Schedule "A" forms a part of this by-law. 8. AMENDMENT a. The Chief and Council of Bigstone Cree Nation may from time to time as deemed necessary by Chief and Council, amend this curfew by-law. 9. ENACTMENT a. This curfew by-law has come into force and effect as per Section 86 of the Indian Act R.S.C. 1985. C. 1-5.
PANDEMIC BY-LAW BEING A MAJORITY OF THOSE MEMBERS OF THE COUNCIL OF BIGSTONE CREE NATION PRESENT AT THE AFORESAID MEETING OF THE COUNCIL. The Quorum of the Council is _ members. I, --------~------of the Bigstone Cree Nation, do hereby certify that a true copy of the foregoing by-law was forwarded to the Minister oflndigenous Services Canada and to the First Nations Gazette on this ___ day of ______, 2020. ) ) ) )_ ___W_r-_ ยทยฝ__ /_ _ Signature of mem&;;otiouncil ) )_ _______________ _ Print name of member signature above Witness ~g~
PANDEMIC BY-LAW Schedule "A' A person who fails to comply with any provision of the "BIGSTONE PANDEMIC RESPONSE BY-LAW 001-04-2020" is guilty of an offence and is liable, upon summary conviction, to the fine specified in the table below: PENALTIES I 1 Failure to abide by curfew Failure to adhere to social distancing practices / protocols ' Failure to self-isolate t SECTION FINE 3. (b), (c) $500 J.(h) $500 - -3.(1) ! $1,000 j
PANDEMIC BY-LAW LET IF BE KNOWN THAT THIS BY-LAW ENTITLED BIGSTONE PANDEMIC BY-LAW, IS HEREBY ENACTED AS BY-LAW NO. 001-04-2020 BY THE CHIEF AND COUNCIL OF BIGSTONE CREE NATION AT A DULY CONVENED MEETING OF THE SAID COUNCIL HELD ON __ DAY OF _______, 2020. This by-law is consented to by the following members of Council: Chief: sn+ Yellowknee Wabasca Council: Robert Cardinal Calling Lake Council: Lillian Anderson Chipewyan Lake Council: Maggie Alook Wab~cil: KenAlook --------.. --~ ------: -> -------ยทยทยทยท .. C _ :. :::-=:z_ - --~ .... ~ :__.~ Wabasca Council: Felix Schroder Wabasca Council: Helen Alook J~ ~ P~,1~k Lawrence Chipewyan Lak~ouncil: Eva Yellowknee Calling Lake Council: Loretta Gladue Wabasca Council: Don Gambler
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.