Part II - Enacted First Nations Legislation

Decision Information

Decision Content

Enacted on May 15, 2025.

9rlatliias Co(om6 Cree :Natior:

Mathias Colomb Cree Nation JUSTICE LAW 2025

PREAMBLE

A.

B.

Mathias Colomb Cree Nation wishes to exercise, through this law, its inherent rights of self-governance as well as its by-law powers under s. 81 of the Indian Act, RSC 1985, c 1-5; and

The Council of Mathias Colomb Cree Nation wishes to pass this law, and repeal its predecessors, in the best interests Mathias Colomb Cree Nation;

NOW THEREFORE the Council of Mathias Colomb Cree Nation enacts as follows: Citation 1. This law may be cited as the Mathias Colomb Cree Nation Justice Law, 2025. Definitions 2. In this Justice Law, a. "Alternate Program" has the meaning described in Section 19. b. "Council" means the duly elected Council of the Mathias Colomb Cree Nation, and includes the Chief and Councillors.

c.

"First Nation Safety Officer" means an officer employed or authorized by Mathias Colomb Cree Nation for public safety and policing-related purposes, which may be a position within the First Nation Safety Officer Program funded by the governments of Manitoba and Canada as may be amended or replaced, or may be otherwise funded.

Mathias Colomb Cree Nation Justice Law, 2025

d.

e.

f.

g.

h.

i.

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"Justice Committee" means the Justice Committee of Mathias Colomb Cree Nation as continued and governed under this Justice Law.

"Mathias Colomb Citizen" means a person whose name appears on the Mathias Colomb Cree Nation membership list or citizenship list, or who is entitled to have his or her name appear on the Mathias Colomb Cree Nation membership or citizenship list, as determined by such law of Mathias Colomb Cree Nation with respect to membership or citizenship as may be in force from time to time, or if none, as determined by Mathias Colomb Cree Nation.

"Mathias Colomb Law" means any law of Mathias Colomb Cree Nation, including but not limited to laws that in whole or in part have the status of by-laws under the Indian Act.

"Mathias Colomb Lands" means any lands within Mathias Colomb Cree Nation's traditional territory.

"Mathias Colomb Reserves" means the Pukawatagan Indian Reserve and all other reserves set aside for the benefit of Mathias Colomb Cree Nation, and "Mathias Colomb Reserve" means any of them.

"Officer" means a Police Officer, peace officer, First Nation Safety Officer authorized by Mathias Colomb Cree Nation, or other enforcement officer appointed by Mathias Colomb Cree Nation.

Application

3.

This Mathias Colomb Cree Nation Justice Law, 2025 applies on Mathias Colomb Lands and Mathias Colomb Reserves.

Enforcement of Laws

4.

5.

6.

Mathias Colomb Laws may be enforced by any Officer, except to the extent that the Council of Mathias Colomb Cree Nation has, by Mathias Colomb Law or resolution, assigned a particular type of Officer exclusive authority in the particular matter. 1

The First Nation Safety Officers are hereby appointed as Officers within the meaning of this Justice Law and other Mathias Colomb Laws, and are directed to enforce all Mathias Colomb Laws. This authority to enforce Mathias Colomb Laws is not exclusive.

Members of the Justice Committee are hereby appointed as Officers within the meaning of this Justice Law and other Mathias Colomb Laws, and are directed to enforce Mathias Colomb Laws. This authority to enforce Mathias Colomb Laws is not exclusive.

Mathias Colomb Cree Nation Justice Law, 2025

Obstruction

7.

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A person must not obstruct an Officer in the enforcement of any Mathias Colomb Law.

Ticket for Obstruction

8.

If a person has been found by an Officer to be in violation of Section 7 of this Justice Law, an Officer may issue the person a ticket specifying a fee in the amount set out in Schedule "A".

a.

b.

A person who has been issued a ticket must pay the ticket fee to the Mathias Colomb Cree Nation within 30 days.

The Mathias Colomb Cree Nation will issue a receipt upon payment.

Offence for Failure to Pay Ticket for Obstruction

9.

10.

Violation of Section 8 of this Justice Law is an offence, punishable upon summary conviction as follows:

a.

b.

on a first offence, by a fine of up to $500.00; and

on a second or further offence, by a fine of up to $1,000.00 or up to 30 days imprisonment, or both.

A person who was issued a ticket under Section 8 and has paid the ticket within 30 days has not committed an offence and will not be charged under this Justice Law.

Justice Committee

11.

12.

13.

14.

15.

The Justice Committee will operate pursuant to this Justice Law.

The Justice Committee will be composed of 5 Mathias Colomb Citizens appointed and recognized by Chief and Council.

Mathias Colomb Cree Nation will ensure that a mailbox is made available at its main office for any written communications with the Justice Committee. A receptionist or other staff member of Mathias Colomb Cree Nation who receives any document intended for the Justice Committee will ensure that the document is promptly marked with the date or receipt, and will put the document in the Justice Committee mailbox. The document is deemed to have been delivered to the Justice Committee on the date it was put in the Justice Committee mailbox.

The Justice Committee will check its mailbox on a regular basis.

The Justice Committee will meet monthly, and shall report to Council at least 4 times per year.

Mathias Colomb Cree Nation Justice Law, 2025

Justice Committee Mandate

16.

17.

18.

The Justice Committee's mandate is to:

a.

b.

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improve and reduce interactions between Mathias Colomb Citizens and the criminal justice system; and

assist with the implementation and enforcement of Mathias Colomb Laws.

In addition to the mandate set out in Section 16(a), the responsibilities of the Justice Committee is to:

a.

b.

c.

d.

work with the Council and other parties on programs for diversion, restorative justice and alternative sentencing;

assist the courts and parties involved with the courts in understanding issues affecting the Mathias Colomb community and Mathias Colomb Citizens;

work with the community, the Council, First Nation Safety Officers and Police Officers towards better crime prevention and community safety; and

fulfill any other duties as may be assigned by the Council.

In addition to the mandate set out in Section 16(b) the responsibilities of the Justice Committee is to:

a.

b.

c.

d.

keep an updated record of all Mathias Colomb Laws;

ensure that Mathias Colomb Laws are properly published and made available to Mathias Colomb Citizens, the Council, members of the public, and others as needed;

be trained on all Mathias Colomb Laws, and to provide training on Mathias Colomb Laws to:

i. ii.

iii. iv.

First Nation Safety Officers; the Royal Canadian Mounted Police Officers and other Police Officer serving Mathias Colomb Cree Nation;

new members of Council; Mathias Colomb Citizens and other members of the public, through public awareness campaigns, meetings, signs or posters, or any other means;

assist with certain implementation duties with respect to specific Mathias Colomb Laws as set out in those Mathias Colomb Laws, and as further directed by Council;

Mathias Colomb Cree Nation Justice Law, 2025

e.

f.

g.

h.

i.

j.

k.

I.

m.

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collect fees paid to Mathias Colomb Cree Nation under Mathias Colomb Laws or ensure they are collected, to remit all such funds to Mathias Colomb Cree Nation or ensure they are remitted, and to report on those funds to Council;

ensure that Officers have ticket forms available, and to ensure the proper processing and administration of tickets as outlined in Section 20 of this Justice Law;

keep track of the tickets issued under Mathias Colomb Laws, and whether and when they have been paid;

to ensure that the consequences outlined in Section 26 of this Justice Law are applied with respect to overdue tickets;

to make recommendations to Council, Officers and authorities on further enforcement steps to be taken in respect of overdue tickets, including the prosecution of offences;

meet with people who have unpaid tickets to discuss enforcement and the availability of Alternate Programs;

assign a person an Alternate Program as set out in Section 21 of this Justice Law, and to clear unpaid tickets as set out in Section 22 of this Justice Law when a person has completed the assigned Alternate Program in respect of those tickets;

meet with a person who has applied to void their ticket and with the relevant Officer, and to decide whether the ticket should be voided, as set out in Section 24 ofthis Justice Law; and

fulfill any other duties as may be assigned by the Council.

Ticket Administration

19.

20.

Every Officer who issues a ticket under a Mathias Colomb Law will remit a copy of the ticket to the Justice Committee within 48 hours of issuing the ticket.

The Justice Committee will ensure that a person is available at Mathias Colomb Cree Nation on a regular basis and is trained to accept payment of tickets, and to issue receipts, and shall ensure that information is publicly available on where and how tickets can be paid to Mathias Colomb Cree Nation.

Alternate Programs

21.

The Justice Committee may assign a person an Alternate Program in exchange for clearing one or more tickets issued to the person, if the person agrees to the Alternate Program and both the person and the Justice Committee sign the Alternative Program Form attached under Schedule "B". The Justice Committee has full discretion in the determination ofthe Alternate Program, which may include:

Mathias Colomb Cree Nation Justice Law, 2025

22.

a.

b.

c.

d.

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community service benefiting Mathias Colomb Cree Nation;

restitution measures to help anyone harmed by the person's violation;

rehabilitation measures to help the person regain balance and to live in a good way, such as a land-based program or other wellness program; or

other measures as determined by the Justice Committee.

If a person referred to in Section 21 completes the agreed upon Alternate Program, the Justice Committee will clear the tickets referred to in the signed Alternate Program and those tickets shall be deemed to have been paid to Mathias Colomb Cree Nation .

Application to Void a Ticket

23.

24.

25.

A person who has been issued a ticket under a Mathias Colomb Law who believes the ticket was issued without due cause may apply to void the ticket by completing the Application to Void A Ticket form attached under Schedule "C", and submitting the completed Application to Void A Ticket to the Justice Committee within 30 days of the ticket being issued.

After receiving a completed Application to Void A Ticket, at least one member of the Justice Committee shall meet with the person who submitted the Application to Void A Ticket and with the Officer who wrote the ticket. These meetings may occur separately or together, at the discretion of the Justice Committee. The Justice Committee will decide whether to void the ticket, and may only void a ticket if it is reasonably convinced that the ticket was improperly issued.

If an Application to Void A Ticket is submitted and the ticket is not void, a processing fee of $75 will be added to the ticket fee and will be considered to form part of the ticket fee.

Additional Consequences of Unpaid Tickets

26.

In addition to any other enforcement measure that may be taken under a Mathias Colomb Law, including being charged with an offence, if a person has tickets owing to Mathias Colomb Cree Nation under a Mathias Colomb Law that are more than 60 days overdue and have not been paid, voided, or cleared through an Alternate Program, the following additional consequences will apply to that person:

a.

b.

the person is not eligible to run for office in any elected position within Mathias Colomb Cree Nation, including the Council, the Justice Committee, the Education Committee, the Health Committee, and any other elected office within Mathias Colomb Cree Nation that has been or may be established; and

the person is not eligible to be issued a business licence under the Mathias Colomb Cree Nation Business Licencing Law, 2025.

Mathias Colomb Cree Nation Justice Law, 2025

Fees

27.

28.

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All fees collected under Mathias Colomb Laws, including but not limited to, ticket fees, dog tag fees, permit fees and licence fees, are the property of Mathias Colomb Cree Nation.

All fees owing under Mathias Colomb Laws are debts owed to Mathias Colomb Cree Nation and may be collected through any legal means.

Schedules 29. The Schedules, being the Ticket Fees for Obstruction of an Officer, attached under Schedule "A 11 , the Alternative Program form, attached under Schedule "B 11 , and the Application to Void A Ticket form, attached under Schedule "C 11 , form part of this Justice Law and may be amended by resolution of the Council.

Repeal

30.

All prior Mathias Colomb Laws and resolutions of Mathias Colomb Cree Nation dealing with the subject matter of this Justice Law, if any, are hereby repealed and replaced with this Justice Law.

Other 31. If any part of this Justice Law is found to be invalid or unenforceable, the section affected will be read down to eliminate the impugned portion, and the remainder of this Justice Law shall remain in force.

Coming into Force 32. This Justice Law comes into force after it is enacted by the Council of Mathias Colomb Cree Nation, on the date it is first published on the Mathias Colomb Cree Nation website, in the First Nations Gazette, or in a newspaper that has general circulation on the Mathias Colomb Reserves, whichever the Council considers appropriate in the circumstances.

Mathias Colomb Cree Nation Justice Law, 2025

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SCHEDULE A

TICKET FEES FOR OBSTRUCTION OF AN OFFICER Fee for the pt ticket issued:

Fee for the 2

nd

ticket and subsequent tickets issued:

$100.00

$200.00

Mathias Colomb Cree Nation Justice Law, 2025

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SCHEDULE B

ALTERNATE PROGRAM FORM

?vfatfiias Co(om6 Cree:; atiort

The Justice Committee has assigned _ __________________ (name) the following Alternate Program (provide a description of the program, and indicate the deadline for completion of each element; attach sheets if needed):

in respect of the following tickets (complete; attach sheets if needed):

1. Ticket Date: MCCN Law: Section (violation):

2. Ticket Date: MCCN Law: Section (violation) :

3. Ticket Date: MCCN Law: Section (violation):

By signing this form, the person who was issued these tickets and the Justice Committee agree that the full completion of the Alternate Program described above will clear the tickets listed here. The individual is responsible for providing the Justice Committee with all information required to show that the Alternate Program was completed. The Justice Committee, if it is satisfied the Alternate Program was completed, is responsible for clearing the tickets.

Mathias Colomb Cree Nation Justice Law, 2025

Signed:

Person who received one or more tickets:

Signature

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Print Name

Date

Justice Committee:

Signature

Signature

Signature

Signature

Signature

Print Name

Print Name

Print Name

Print Name

Print Name

Date

Date

Date

Date

Date

Mathias Colomb Cree Nation Justice Law, 2025

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SCHEDULE C

APPLICATION TO VOID A TICKET

1atfiias Coforn6 Cree ?{atiori

I, __________________ (name) submit this form to request that the following ticket, issued to me, be declared void:

Ticket Date: MCCN Law: Section (violation):

I declare my honest belief that the ticket was issued to me without due cause.

I understand that submitting this form requires one or more members of the Justice Committee to meet with me and with the Officer who issued the ticket. The Justice Committee will decide whether to void the ticket.

I understand that if I submit this form and the ticket is not declared void, a processing fee of $75 will be added to the ticket fee.

Signature

Date

FOR OFFICE USE ONLY: Date form received: Date of meeting(s) with individual and officer: Result:

Mathias Colomb Cree Nation Justice Law, 2025

THIS JUSTICE LAW IS HEREBY ENACTED by Council at a duly convened meeting held on the 15th day of May, 2025.

A quorum of Council consists of 5 members of Council.

Counci

Councillor MosesC astel Sr.

Councillor Steven C. Castel ~~ Councillor Brenda Dumas

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�naCastel

Councillor Connie Constant

Councillor Travis Dumas

Councillor Alma Hart

Mathias Colomb Cree Nation Justice Law, 2025

 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.