Contenu de la décision
MrlR 03 ‘-35 03:04PM DIAND MEADOW LAKE P.9 1 The Joseph Bighead Band Section 81 of the Indian Act Bylaw Number 2:1995 BEING A BY-LAW RESPECTING THE PROHIBITION AGAINST THE INHALATION OF SOLVENT AND GASOLINE VAPOURS WHEREAS according to the terms of the treaties, the Chief representing the Indian people agreed to maintain peace and good order between each other; WHEREAS the Council of the Joseph Bighead Band of Indians iL irons of preserving the treaty rights of maintaining peace and 1 d o i 5. ord / er between each other, including the health of the feand W&HREAS by Section 25 of the Constitution Act, 1982, the guarantees in the Charter of Rights and Freedom shall not be I construed so as to abrogate or derogate from any aboriginal 1 people of Canada; WHEREAS the Council of the Joseph Bighead Band enacts as a oy-xaw for the purpose of safeguarding its community on the morve from the serious problems resulting from the unhealthy ri destructive practice of inhaling solvents and gasoline for ■ : Hole purpose of producing euphoria, hallucinations and ation; AND WHEREAS paragraph B1{1), (a), (©), (d), (q) and (r) of •the Indian Act. R.S.C. 1985, c. 1-5, empower the Council of a n.d t.o make by-laws to provide for the health of residents, ’the observance of the law and order, the prevention of disorderly conduct and nuisances, with respect to any matter arising out^of o I r m p a o n s c t i c l i l o a n r o y n to s u t m h m e a ry ex e c r o c n i v s i e c t o i f o n p o o w f er a s f u i n ne d er o r se i c m t p i r o i n s on 81 m , e nt a nd f or the ctec i on thereof ; ;bOW THEREFORE the Council of the Joseph v. by-law thereof as follows: i
:;!3 03:05PM DIAND MEADOW LAKE P.10 2 The Joseph Bighead Band Section 81 of the Indian Act Bylaw Number 2:1995 Inert Title s l a : d G T a h s i o s l in B e y A L b a u w s e m a B y y b e L a c w i " t . ed as the "Joseph Bighead Band Solvent In tersorebateion In this By-Law # I " i n t o x i c a t i n g m a t te r"includes plastic/solvents, adhesive cement, cleaning agents, glue, dope,, nail polish remover, lighter fluid, gasoline, paint or lacquer thinner; 'intoxicating vapou r" means any vapour, fume or liquid that is emitted, given off or produced from an intoxicating matter; '’possession" means possession as defined in subsection 4( | 3) of the Criminal Code, R.S., c.C-34. ProhibitIona hg&inst Inhalation Every one who, for the purpose of inducing euphoria, i hallucinations or intoxication (1) inhales, administers or otherwise introduces into his (2) r a e s s s p i i st r s a to o r r y ca s u ys s t e e s m , a no or ther person to inhale, administer or otherwise introduce into his respiratory system mi intoxicating vapour is guilty of an offence and liable on :...u„ra.ty conviction to a fine not exceeding $ 1, 000.00 or to Imprisonment for a term not exceeding 3 0 days or to both.
03:05PM DIAND MEADOW LAKE 3 The Joseph Bighead Band Section 81 of the Indian Act Bylaw Number 2:1995 Against Possession and Possession for Sale 4,(I) No person shall have in hie possession any intoxicating matter for the purpose of inhaling, administering or otherwise introduci g n i g v e i n n to o ff h is o r r p e r s o p d i u r c a e t d o ry f ro emitted, ;:i No person shall have in his possession any intoxicating rtcer for the purpose of selling, giving, administering, reporting, sending, delivering or distributing the :• : . eating matter to a person (a) who he knows or has good reason to believe is of unsound mind, ,is impaired by alcohol, drugs or by 1 reason of having inhaled intoxicating vapours, or (b) who he knows or has good reason to believe will use the intoxicating matter for the /purpose of inducing euphoria, hallucinations or intoxication. i 4 Every one who contravenes subsection (1) or (2) is guilty a offence and liable on summary conviction to a fine not ing $ 1,000.00 or to imprisonment for a term not exceeding :ix/B or to both. "2very one who sells, give©/ administers, transportsj sands, delivers, or distributes anv intoxicating matter to a person who he knows or has good reason to believe is of unsound mind, is impaired by alcohol, drugs or by reason of having inhaled intoxicating vapours, or (2) who he knows or has good reason to believe will usp the intoxicating matter for the purpose of inducing euphoria, hallucinations or intoxication , ... ...ty of an offence and liable on summary conviction to a line not exceeding $ 1,000.00 or to imprisonment for a term not •jxoeeiing 30 days or to both. P.ll s m y st th e e m t i h n e t ox i i n c toxic ating a t m i a n t g t e v r a ; pours * j l
03:05PM DIAND MEADOW LAKE P.12 4 The Joseph Bighead Band Section 81 of the Indian Act Bylaw Number 2:1995 bioas Sections 3, 4 and 5 do not apply to any person who ;1) m m a e n d u ic f i a n c a t l u re p s ur p o o r s e s s e , lls an intoxicating matter for (2) inhales, administers or otherwise introduces an intoxicating vapour into his respiratory system under the supervision of a physician or dentist, or (3) is a physician or dentist or a person acting under the direction of a physician or dentist who assists or * causes another to inhale, administer or otherwise introduce into his respiratory system an intoxicating vapour. m iB BY-LAW IS HEREBY made at a duly convened meeting of the Council of the Joseph Bighead Band this day of 11 • voting in favour of the By-Law are the following members of the "he majority of those members of the Council of the Joseph BiciSad Band present at the aforesaid meeting of the Council I }
03:06PM DIAND MEADOW LAKE P.13 The Joseph Bighead Band Section 81 of the Indian Act Bylaw Number 2:1995 The quorum of the Council is members. dumber of members of the Council present at the meeting , Ernest Sundown Chief of the Joseph Bighead Band, do hereby certify that a true copy of the foregoing By-Law was mailed to the Minister of Indian Affairs and Northern Development at the Tistrict Office pursuant to subsection 82 (1) of the India: this JsL d*Y of OMsAi9_2SL-s ' ! . J: Witness) t
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