Part II - Enacted First Nations Legislation

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Indigenous Services Services aux Autochtones Canada Canada BAND COUNCIL RESOLUTION

Chronological number BCR # :;J b:;J L/. - J;) File reference number

Note: The words "from our Band Funds' 'Ca Ital" or 'Revenue", whichever Is the case, must a ear In all resoluUons re uesUn ex endlture from Band Funds. The Council of the Cash free balance SIKSIKA NATION ...,,,...--,----,----c,-----:--:---------.-,,------:--=----,,---------1 Capital account($) Duly convened meeting date (YYYYMMDD) Provincefferritory -07 Alberta Revenue account ($)

AT A DULY CONVENED Band Council ("Council") meeting of the Siksika Nation (the "Siksika Nation") held on ..:J±f1 day of ty)'<.&-f , 202!-f, the Siksika Nation passed the following Band Council Resolution:

WHEREAS the Siksika Nation is a self-governing Nation with the inherent jurisdiction over its lands and members; AND WHEREAS the Chief and Council of the Siksika Nation, as duly elected leaders, are empowered to act on behalf of the members of the Siksika Nation;

AND WHEREAS the Chief and Council of the Siksika Nation desire to establish a by-law to enforce law and order on the Siksika Nation reserve lands;

AND WHEREAS the Chief and Council of the Siksika Nation is empowered to make such by-law, and any matter ancillary thereto pursuant to paragraphs 81(1 )(a),(b),(c ),(d), and (p) of the Indian Act;

AND WHEREAS the Chief and Council of the Siksika Nation deem it expedient and in the best interests of the Siksika Nation, and necessary for the benefit, comfort and safety of residents of Siksika Nation reserve lands and for the protection of Siksika Nation reserve lands to make such by-law; and

NOW THEREFORE BE IT RESOLVED THAT the Chief and Council of the Siksika Nation hereby enacts the Siksika Nation Offences Procedures By-law 202 L/~ ot.

Quorum: ~ Piitalsa'ksln Samuel Cr

--

:;Nl;ok;ss;ka_lsta-mtlk (Chl•f- Chl•O -~

Owen Cranebear (Councillor)

islslponlsta Kendall Panther Bone (Councillor)

Aslnalpoka ;z;;;;:?''~

Candace Backfal (Councillor) ~ Marsha Wolf Collar (Councillor)

Expenditure

Strater Crowfoot (Councillor) Lou Ann Solway (Councillor)

ISC USE ONLY IA uthority I Source of Funds (Indian Act Section) O Capital O Revenue

Recommending Officer

Sli::inature Approving Officer

Sli::inature INTER80-005E 2021-08-05 {MK 6639,9778 (00271448;1 )}

Date

Date

Expenditure

I "'C&T"'p Slkoha'tsista Cartin Black Rabbit (Councillor)

I Authority I Source of Funds (Indian Act Section) O Capital Q Revenue

Recommending Officer

Sia nature Approving Officer

Signature

Date

Date Canad~

SIKSIKA NATION OFFENCES PROCEDURES BY-LAW NO. 2024-02

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BY-LAW NO. 2024-02 SIKSIKA NATION SIKSIKA NATION OFFENCES PROCEDURES BY-LAW BEING A BY-LAW OF THE SIKSIKA NATION WITH THE PURPOSE OF ENFORCING LAW AND ORDER; WHEREAS the Siksika Nation Reserve #146 has been set apart for the use and benefit of Siksika Nation members and the exclusive use of the Siksika Nation Reserve #146 by Siksika Nation members is an inherent right and an aboriginal treaty right that is recognized and affirmed by Section 35 of the Constitution Act 1982;

AND WHEREAS the Siksika Nation has and continues to exercise their inherent right to self-determination, including the inherent right of self-government, as recognized and affirmed by the Government of Canada, the United Nations Declaration on the Rights of Indigenous Peoples (2021), and Section 35 of the Constitution Act 1982, Schedule B to the Canada Act 1982 (UK), 1982 c. 11 and as protected by Blackfoot Treaty of 1877 (Treaty No. 7).

AND WHEREAS the Siksika Nation affirms its authority to maintain, grow, and preserve a system of governance, law, and order for its people, its land, and the Siksika Nation as a whole;

AND WHEREAS the Siksika Nation through time immemorial and to this day, has undertaken the observance and enforcement of traditional, customary, and contemporary laws of the Siksika Nation to maintain Pomiikapi (peace and harmony);

AND WHEREAS the Siksika Nation continues to strive to ensure that matters related to the observance and enforcement of laws are carried out in a conscientious, respectful, peaceful and prompt manner for the benefit of the Siksika Nation and its people;

AND WHEREAS the Council of the Siksika Nation has, through its inherent right of self-government, the right to maintain, enforce, and ensure the observance of customary laws, and to make, enforce, and ensure the observance of new laws for the protection of the Siksika Nation, and its people’s interests;

AND WHEREAS pursuant to Section 81 of the Indian Act, R.S.C. 1985, C. 1-5, a Council may make by-laws for any or all of the purposes set out in Section 81(1);

AND WHEREAS the Council of the Siksika Nation deems it to be expedient and in the best interests of the Siksika Nation, and necessary for the benefit, comfort and safety of residents of the Siksika Nation Reserve #146 and for the protection of the Siksika Nation Reserve #146, to make a by-law for the purpose of enforcing law and order on Siksika Nation Lands;

NOW THEREFORE, THE COUNCIL OF THE SIKSIKA NATION, DULY ASSEMBLED, ENACTS AS

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FOLLOWS: PART I – TITLE, DEFINITIONS, AND APPLICATION 1. SHORT TITLE 1.1. This By-law may be known as the "Siksika Nation Offences Procedures By-law". 2. DEFINITIONS 2.1. In this By-law, unless the context otherwise requires, or unless otherwise specifically defined:

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

“Accused” means a person to whom a By-law Offence Notice has been issued under this By-law;

“Address for Service” means the address at which the Accused may be served in accordance with the provisions of this By-law, as determined under subsection 16.1 of this By-law;

"Aiskapimohkiiks" means the Siksika Nation’s Traditional Justice Dispute Resolution Program, as varied, modified or replaced from time to time;

"Band Council Resolution" means a written resolution signed and adopted by a quorum of Council at a duly convened meeting;

“By-law” means this Siksika Nation Offences Procedures By-law, unless otherwise specified in this By-law;

"Citizen" means a person who meets all the membership requirements set out in the Siksika Nation Membership Code & Regulations, is registered on the Siksika Nation’s membership rolls, and by virtue of this membership has been granted full rights and responsibilities as a member of a First Nation pursuant to the Indian Act;

“Clerk” means the Clerk of the Court or a Person who is designated by the Clerk of the Court to perform the duties of a Clerk of the Court;

"Council" means the Council of the Siksika Nation, comprised of the Chief and Councillors of the Nation, duly elected from time to time in accordance with the Siksika Nation Customary Election Code;

“Court” means a Court of competent jurisdiction in the Province of Alberta, and includes a Tribal Court or any other First Nation or Indigenous Court acting under

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(j)

(k)

(l)

(m) (n) (o) (p) (q) (r)

(s) (t)

(u)

(v)

(w)

(x)

(y)

the inherent jurisdiction of an Indigenous Group; “Criminal Code” means the Criminal Code, RSC 1985, c C-46 and any amendments thereto;

"Disposal of Forfeited Goods and Chattels Regulations” means the Disposal of Forfeited Goods and Chattels Regulations, CRC, c 948 and any amendments thereto;

“Enactment” means any Siksika Nation by-law, regulation, or other form of legislation in relation to any matter over which the Council has authority;

“Indian Act” means the Indian Act, RSC 1985, c I-5 and any amendments thereto; “Justice” means a Justice of the Alberta Court of Justice; “Holiday” means any Provincial or Federal Statutory holiday; “Minister” means the Minister of Indigenous Services; “Nation” means the Siksika Nation; “Notice of Dispute” means a notice completed by a Person to dispute a By-law Offence Notice issued by a Peace Officer, or any other individual authorized to issue a By-law Offence Notice, for an Offence under an Enactment;

“Offence” means an offence under an Enactment; “Operator’s License” means a license to operate motor vehicles issued by an authority that has the power to issue such license;

"Peace Officer" means an individual appointed as a Peace Officer for the Nation pursuant to Section 7 of the Peace Officer Act, SA 2006, c P-3.5;

“Person” includes, but is not limited to, an association, society, corporation, Indigenous Group, partnership, or any other entity or individual that the law regards as capable of having rights and duties;

“Prosecutor” means a lawyer employed as a Prosecutor as part of the Siksika Nation’s Prosecutor’s Office and includes the Chief Prosecutor of the Siksika Nation’s Prosecutor’s Office;

“Recording” means a recording taken of a proceedings that is either in audio form or combined video and audio form;

“Reserve” means Indian Reserve No. 146, or any other lands reserved for the 4

3. 3.1.

3.2.

4. 4.1.

4.2.

5. 5.1.

5.2.

(z)

Nation within the meaning of the Indian Act; “Specified Penalty” means an amount set out or specified in an Enactment that can be paid by an Accused who is issued a By-law Offence Notice and is permitted under this By-law, as set out on a By-law Offence Notice, to make a payment without a Court appearance;

(aa) “Surcharge” means a surcharge under the Siksika Nation Victim Surcharge By-law; APPLICATION This By-law applies on the Reserve and to any Offence that a person has committed or is suspected of having committed that violates any Enactment.

Where any Federal or Provincial act, law, or regulation, or any Nation by-law applies to any matter covered by this By-law, compliance with this By-law shall not relieve a Person from also complying with the provisions of any other applicable act, law, regulation or by-law.

PART II – GENERAL SEPARATE CHARGES A Peace Officer or any other individual who is authorized to issue a By-law Offence Notice under an Enactment may lay a separate charge, pursuant to Part III or Part IV this By-law, for each day an Offence under this By-law is ongoing.

A Peace Officer or any other individual who is authorized to issue a By-law Offence Notice under an Enactment may lay a separate charge for each separate Offence under an Enactment, notwithstanding that such Offences may have been committed by the same Person, during the same timeframe.

WITNESSES If a Person is required to provide evidence before the Court in respect of a By-law Offence Notice issued against an accused, the Court shall issue a subpoena directed to that Person, which shall be signed by either a Clerk or a Justice of the Court.

Where a Person who has been served with a subpoena issued pursuant to subsection 5.1 of this By-law fails to attend Court or remain in attendance at the Court in accordance with the requirements of the subpoena, the Court may, by warrant directed to any peace officer, including a peace officer who is not a Peace Officer of the Nation, cause the witness to be apprehended anywhere within Alberta, to be brought before a Justice

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6. 6.1.

6.2.

6.3.

6.4.

6.5.

forthwith and to be detained in custody as the Justice may order until the presence of the witness is no longer required or, in the discretion of the Justice, to be released on a recognizance with or without sureties.

PENALTIES AND PUNISHMENT Subject to any provision in another Enactment, every Person who is convicted of an Offence that does not have a Specified Penalty and which is an Offence under an Enactment that has been made pursuant to Section 81(1) of the Indian Act, is liable to a fine not exceeding one thousand dollars, or to imprisonment for a term not exceeding thirty days, or both.

Subject to any provision in another Enactment, every Person who is convicted of an Offence that does not have a Specified Penalty and which is an Offence under an Enactment that has been made pursuant to Section 85.1 of the Indian Act is liable:

(a)

(b)

in the case of an Enactment made under Section 85.1(1)(a) of the Indian Act, to a fine of not more than one thousand dollars or to imprisonment for a term not exceeding six months or to both; and

in the case of an Enactment made under Section 85.1(1)(b) or (c) of the Indian Act, to a fine of not more than one hundred dollars or to imprisonment for a term not exceeding three months or to both.

Nothing in this By-law, or any other Enactment shall be deemed as precluding the Court from exercising its power to restrain under either Sections 81(2) or (3) of the Indian Act.

Where an Accused is convicted of an Offence under an Enactment and a fine is imposed against that person, the Court may order that in default of payment of the fine the accused shall be imprisoned for a period of not more than;

(a) (b)

(c)

in the case of an Enactment made under Section 81 of the Indian Act, thirty days; in the case of an Enactment made under Section 85.1(1)(a) of the Indian Act, six months; and

in the case of an Enactment made under Section 85.1(1)(a) of the Indian Act, three months.

For greater certainty, where an Accused is convicted of an Offence under an Enactment and is sentenced to both a fine and a term of imprisonment, the Court shall not impose a period of imprisonment in default of payment that would, when combined with the Offence penalty of imprisonment, amount to a total term of imprisonment in excess of the maximum term of imprisonment that is specified for that offence in subsection 6.1 or

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6.6.

7. 7.1.

7.2.

8. 8.1.

8.2.

8.3.

9. 9.1.

9.2.

6.2 of this By-law, as the case may be. Where an Accused is a Citizen and has been convicted of an Offence under an Enactment and a fine is imposed against that Citizen, before ordering a term of imprisonment in default of payment of the fine under subsection 6.4 of this By-law, the Court must consider the ability of the Citizen to pay the fine, the history of mistreatment of Indigenous persons by the justice systems in Canada, and the overrepresentation of Indigenous persons in the justice systems in Canada, and in doing so may refuse to impose a term of imprisonment in default of payment of the fine where imprisonment would not serve the interest of the Nation or its people.

IMPRISONMENT Where an Accused is sentenced to a term of imprisonment, unless otherwise directed by the Court imposing the sentence, the term begins on the day on which the Accused is taken into custody under that specific sentence of imprisonment.

Where an Accused is lawfully at large on a Judicial Interim Release, that time of release does not count as part of any term of imprisonment to which the Accused is sentenced.

DISPOSITION OF FINES AND PROPERTY Where a Person is convicted of an Offence under an Enactment and a fine is imposed against the Person as a penalty, the monies owed under the fine belong to the Nation pursuant to Section 104(3) of the Indian Act.

Any Surcharge payable by a Person who is convicted of an Offence under an Enactment, when paid, shall be deposited into the Siksika Victims and Public Safety Fund pursuant to the Siksika Nation Victim Surcharge By-law.

Where goods and chattels have been seized and detained by a Peace Officer under Sections 103(1) and (2) of the Indian Act, and are thereafter made subject to an order of forfeiture under Section 103(3) of the Indian Act, the Peace Officer may continue to possess and detain the goods and chattels until such time as the Minister issues a direction under the Disposal of Forfeited Goods and Chattels Regulations, as to their disposal.

TIME FOR PAYMENT When time has been allowed for payment and a Justice has ordered imprisonment in default of payment of the fine, a Justice shall not issue a warrant of committal until the expiration of the time allowed for payment.

Notwithstanding subsection 9.1, if, before the expiration of the time allowed for payment, where an Accused who has been convicted of an Offence and who has been allowed time

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9.3.

10. 10.1.

11. 11.1.

11.2.

11.3.

for payment applies in writing to the Court to be committed immediately rather than await the expiration of the time allowed, the Justice may immediately issue a warrant of committal without requiring that Accused to appear in person before the Justice.

When time has been allowed for payment any Justice may, on application by or on behalf of the Person allowed time for payment, allow further time for payment.

CONVICTION AND RESTRAINT NOT VOID Where a Justice imposes a fine or other penalty in a conviction or in an order, including any order made under Sections 81(2) or 81(3) of the Indian Act, that conviction or order is not void, nor is the right of the Nation to collect the fine or enforce the penalty under the conviction or to enforce the terms of any order lost or impaired because:

(a) (b) (c)

time has been allowed for the payment of all or any part of the fine or penalty; payment of part of the fine or penalty has been received; or the Justice has accepted security for the payment of all or any part of the fine or penalty.

CIVIL RECOVERY AND INTEREST IN FORFEITED PROPERTY When a fine is imposed on an Accused but imprisonment of the Accused in default of payment of the fine is not ordered and the fine is not paid forthwith or within the time allowed by the Justice, the Nation or a Person authorized by the Nation may, by filing the conviction, enter as a judgment in the Alberta Court of King’s Bench the amount of the fine plus any Surcharge imposed, and the judgment is enforceable against the convicted Accused in the same manner as if it were a judgment rendered against the Accused in the Alberta Court of King’s Bench in a civil proceeding.

Where goods and chattels have been seized and detained by a Peace Officer under Sections 103(1) and (2) of the Indian Act, and are thereafter made subject to an order of forfeiture under Section 103(3) of the Indian Act, the Nation shall be deemed to have an interest in those goods and chattels for so long as the Accused who was convicted of the Offence resulting in such forfeiture continues to owe any amount of a fine the Nation where that fine was imposed by a Justice as a result of a conviction arising from that Offence.

Where the Nation applies under Section 4 of the Disposal of Forfeited Goods and Chattels Regulations, for a determination of their interest in any goods and chattels that have been forfeited under Section 103(3) of the Indian Act, and where the Nation receives either the whole of or a portion of the goods and chattels or an amount of monies from the auction of those goods and chattels that are deemed to be commensurate with their determined

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11.4.

11.5.

11.6.

12. 12.1.

12.2.

interest in the goods and chattels so forfeited, such amount shall be offset as against any amount of fine owed to the Nation by the Accused who was convicted of the Offence resulting in the forfeiture of the goods and chattels.

For greater certainty, and in respect of subsection 11.3 of this By-law, where the amount of property or monies received by the Nation in respect of its determined interests in forfeited goods and chattels is:

(a)

(b)

less than the amount of the fine still owing to the Nation by the Accused who was convicted of the Offence which resulted in the forfeiture of the goods and chattels, the Accused shall continue to owe to the Nation the difference between that amount of the fine still owing on the date the Nation receives the property or monies relating to the forfeited goods and chattels and the value of that property or monies received; or

greater than the amount of the fine still owing to the Nation by the Accused who was convicted of the Offence which resulted in the forfeiture of the goods and chattels, the Accused shall be deemed to have satisfied the payment of their fine owing to the Nation, but shall not receive any repayment or reimbursement for any amount by which the value of the property or monies exceeds the amount of the fine that remains owing to the Nation by the Accused.

In addition to subsections 11.1 through 11.4 of this By-law, where a Accused is in default of a payment of a fine under this By-law, and where the Nation owes any amounts payable to the Accused, for any reason, the Nation may, in its sole and absolute discretion, withhold an amount payable by the Nation to such Person from time to time and shall apply such amount to the unpaid fine. The amount withheld by the Nation shall not to exceed the amount of the unpaid fine.

For greater certainty, and pursuant to section 5 of the Siksika Nation Distribution Policy, amounts that may be withheld by the Nation under section 11.5 of this Bylaw include Per Capita Distribution Payments that may be payable from the Nation to a Citizen.

FAILURE TO ATTEND A Person who is at large on a release order and fails, without lawful excuse, the proof of which lies on that Person, to attend Court in accordance with that release order, or to surrender themselves in accordance with the terms of that release order, or to surrender themselves in accordance with the order of a Justice, is guilty of an Offence under this By-law.

A Person who is at large on a recognizance or an undertaking given to or entered into before a Justice and fails without lawful excuse, the proof of which lies on that Person, to

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12.3.

12.4.

12.5.

12.6.

12.7.

attend Court in accordance with the terms of that recognizance or undertaking or order of the Justice is guilty of an Offence under this By-law.

An Accused who is served with a By-law Offence Notice under Part IV of this By-law and who fails, without lawful excuse, the proof of which lies on that Accused, to attend Court in accordance with that By-law Offence Notice is guilty of an Offence under this By-law.

For the purposes of subsection 12.3 of this By-law, it is not a lawful excuse that the By­law Offence Notice in question was missing required information, so long as that By-law Offence Notice remains in compliance with subsection 17.5 of this By-law.

Where an Accused fails to attend Court in circumstances set out in subsection 12.3 of this By-law, upon application by a Prosecutor, the Justice may proceed to conduct a trial of the Offence of which the Accused is charged on an ex parte basis, and in the case of such no proceedings shall be instituted under subsection 12.3 of this By-law arising out the Accused having failed to attend at Court.

A Person who, without lawful excuse, the proof of which is upon that Person, fails to comply with any conditions of an undertaking is guilty of an Offence under this By-law.

In proceedings under subsections 12.1, 12.2, and 12.3 of this By-law a certificate purporting to be signed by the Clerk or a Justice before whom the Person or Accused is alleged to have failed to attend, stating that:

(a)

(b)

(c)

in the case of proceedings under subsection 12.1 of this By-law, a Person who being at large on a release order failed to attend Court;

in the case of proceedings under subsection 12.2 of this By-law, the Person gave an undertaking or entered into a recognizance before a Justice, and that Person failed to attend Court in accordance with the undertaking or recognizance; or

in the case of proceedings under subsection 12.3 of this By-law, a By-law Offence Notice was issued to and served on the Accused and the Accused failed to attend Court in accordance with the required Court appearance set out therein,

is evidence of the statements contained in the certificate without proof of the signature or the official character of the Person appearing to have signed the certificate.

12.8.

A certificate shall not be received in evidence pursuant to subsection 12.7 of this By-law unless the party intending to produce it has, before the trial, given to the Person or Accused named in the certificate as having failed to attend reasonable notice of the

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