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PIKANGIKUM FIRST NATION INTOXICANT BY-LAW NO. 1-97 WHEREAS the use of intoxicants has been demonstrated over time to be the greatest contributor to death, suicide, drowning, family breakdown, ill-health, disorderly conduct, nuisances and breaches of law and order for the Pikangikum First Nation people, thereby threatening the present and future peace, r h e e s a i l d t e h n t a s n ; d well-being of the Pikangikum community and its AND WHEREAS combating the destructive effects of intoxicants in an effective manner in our particular community requires special measures tailored to its unique location, culture, traditions, character and composition; AND WHEREAS the inhaling of the vapors of gasoline, solvents, cements and other substances poses a very serious threat to the health and safety of our young people and similarly requires that special measures be taken for their protection; AND WHEREAS the Chief and Council of the Pikangikum First Nation have the power under the Indian Act to make Laws respecting intoxicants, including Laws declaring the complete prohibition of intoxicants from the Reserve, pursuant to Section 85.1. AND WHEREAS the Council of the Pikangikum First Nation must be adequately protected and respected in their duty to enforce the control of intoxicants at the Pikangikum First Nation Reserve; RESCINDMENT 1. Intoxicant By-law #39/96 passed by the Chief and Council of Pikangikum First Nation on July 23, 1996 is hereby repealed. DEFINITIONS 2. In this Law: a) "Intoxicants" includes: i) glues, cements and similar compounds, and the vapors thereof; ii) gasoline, naphtha and other fuels, and the vapors thereof; iii) cleaning solvents, disinfectants, and the vapors thereof;
2 iv) anti-freeze, de-icers and other similar p th r e o r d e u o c f t s ; containing alcohol, and the vapors v) perfumes, hairsprays, mouthwashes and other c t o he s r m e e o t f i c ; of hygienic products, and the vapors vi) home-made mixtures capable of producing a state of intoxication; vii) t i h n e t ox I i n c d a i n a t n s Ac a t s ; d a e n f d ined under Section 2(1) of viii) drugs such as cocaine, marijuana, hashish, heroine, etc.; ix) such other substances and the vapors thereof used to produce a state of intoxication; b) "Traffic" means: i) to manufacture an intoxicant; or ii) to sell, exchange, barter or trade an intoxicant; or iii) where the recipient of the intoxicant is 18 years of age or younger, to supply, give, a a d y m o i u n n i g s te p r e rs o o r n , d i w s h t e r t i h b e u r t e o r a n n o i t n t f o o x r i c g a a n i t n ; to o r such iv) to offer to do anything in paragraphs (a), (b) and (c) immediately above; and "trafficking" has a corresponding meaning. c) "Intoxicated" means: i) in addition to its ordinary meaning, any person 18 years of age or less who has in any manner consumed intoxicants is deemed to be intoxicated for the purpose of this Law. EXCEPTIONS 3. No offence is committed against the provisions of this Law: a) where the intoxicant is possessed, used or intended to be used solely: i) for medicinal purposes; or ii) for domestic, business, commercial or other purposes that do not involve producing a state of intoxication in any person.
OFFENSES AND PENALTIES Everyone who: a) is intoxicated on offence punishable the on Reserve is guilty of an liable to a fine of summary conviction andis not more than ONE HUNDRED DOLLARS ($100.00) or imprisonment for a period not exceeding three (3) months, or both; b) is in possession of an intoxicant on the Reserve is guilty of an offence punishable on summary conviction and is liable to a fine of not more than ONE HUNDRED DOLLARS ($100.00) or imprisonment for a period not exceeding three (3) months or both; Everyone who : a) traffics in an intoxicant, or b) t is r af in f i p c o k s in s g ession of an intoxicant for the purpose of is guilty of an offence punishable on a summary conviction and is liable to a fine of not more than ONE THOUSAND DOLLARS ($1,000.00) or imprisonment for a period not exceeding six (6) months, or both; Everyone who, while intoxicated, and not being in a dwelling house, creates a nuisance by disturbing the peace and quiet of an occupant of a dwelling house by fighting, screaming, shouting, swearing, singing, using insulting or obscene language, attempting to gain entry to said dwelling house or other disorderly conduct is guilty of an offence punishable on summary conviction and is liable to a fine of not more than ONE HUNDRED DOLLARS ($100.00) or imprisonment for a period not exceeding ninety 90 days (3 months), or both; Everyone, who while intoxicated and not being in a dwelling house, causes a nuisance to another person by impending, insulting, molesting, harassing, threatening, begging from, shouting at, swearing at or displaying other disorderly conduct towards that other person is guilty of an offence punishable by summary conviction and is liable to a fine of not more than ONE HUNDRED DOLLARS ($100.00) or to imprisonment for a period not exceeding ninety (90) days, or both; Everyone who, while intoxicated, interferes with the orderly conduct of commercial, administrative, educational, recreational, health care, religious pow wows or ceremonial activities, on the Reserve is guilty of an offence punishable on summary conviction and is liable to a fine of not more than ONE THOUSAND DOLLARS ($1,000.00) or to imprisonment for a period not exceeding (6) months, or both;
9. Everyone who, while intoxicated, puts at risk the health of any child under the age of 12 years to whom that person stands in loco parentis by leaving said child without making reasonable arrangements for his/her shelter, feeding, clothing, supervision or protection during that person's absence or by exposing the child to danger while undertaking any activity, including the operation of a vehicle, including a snowmobile, where the child is a passenger is guilty of an offence punishable to fine of not more than ONE THOUSAND DOLLARS ($1,000.00) or to imprisonment for a period not exceeding (6) months, or both. ALTERNATE PENALTIES 10. The ticketing of offences, payable to Pikangikum First Nation, can and may be substituted for the enforcement of penalties pursuant to charges of intoxication and possession as outlined in section 4 hereof, at the discretion of the Pikangikum First Nation Constables in consultation with the Chief and Council; 11. The accused, upon being charged with violation of a P t i he k an o g p i t k i u o m n F o i f r st b ei N n a g t io i n s s I Offence Ticket, or being subject to criminal proceedings; 12. Upon pleading guilty, the accused shall pay within 15 days of the charge being laid, that is, on or before the expiration date marked on the ticket, to Pikangikum First Nation the required penalty; 13. Upon failure to pay within 15 days of the charge being laid, Pikangikum First Nation Constables shall complete a court brief and a summons will be issued to the accused; 14. All tickets shall have a number that will be unique to the said ticket and that the Pikangikum First Nation shall stamp all copies of the ticket upon payment as a receipt for the accused; 15. The accounting of the ticket offence system shall be in a ledger format that will include seven columns: a) Ticket number b) Donation amount payable c) Name of accused d) Expiry date e) Name of issuing constable f) Payment received or not received by expiry date4 u n e t d o xi a ca P n i t k a L n a g w i , k um m ay F ir b s e t o N f a f t e i r o e n d
5 g) If unpaid, date case was referred back to issuing constable (or his or her replacement). 16, o T f h f e e n f c o e l s l : owing will be the scheduled penalties for the a) Intoxication charge: i) First charge $50.00 ii) Second charge within six months $75.00 iii) Third charge within six months $ 100.00 b) Possession charge: i) First charge $50.00 ii) Second charge within six months $75.00 iii) Third charge within six months $ 100.00 17, Chief and Council reserve the right to invoke alternate arrangements for payment schedules which shall include a as s se t s o sm a e l n l t e vi o a f t e i n u c n o d m u e e m h a a i r n d t s e h n i a p n ; ce of a said household, so EVICTIONS 18. Any person not a member of the Pikangikum First Nation or ordinarily resident in the Pikangikum First Nation community who is found intoxicated in the Pikangikum Reserve or in possession of intoxicants, firearms or weapons while intoxicated on the Pikangikum Reserve shall be subject to prosecution under the provisions of this Law and the Band Council shall have the right to evict such person from the Pikangikum Reserve at his expense. PROTECTION OF CHIEF, COUNCIL AND BAND MEMBERS 19. Any person who: a) threatens or causes or attempts to cause any injury or bodily harm to any member of the Council of the Pikangikum First Nation or to any Band member working on behalf of the Council in enforcing this Law and especially where such person is in possession of a weapon including an axe, firearm, or knife shall be guilty of an offence and shall be prosecuted immediately under the provisions of the Criminal Code of Canada. b) assists a peace officer in enforcement of this law shall be fully protected in law and indemnified from any legal action that may be pursued.
6 PROVISO 20. Nothing in this Law shall be constructed in any manner which serves to limit the powers of the Chief and Band Councillors, Band Constables or other authorized peace o c f o f m i m c o e n r s l aw c . ontained in any other statute or recognized at ENFORCEMENT 21. Pikangikum First Nation Council authorize the Ontario Provincial Police (O.P.P.) and the Royal Canadian Mounted Police (R.C.M.P.), the Pikangikum First Nation Constables and Pikangikum Peacekeepers to diligently enforce the provisions of this law.
APK-24-97 THU 11:14 FAX NO. OOOOOOOOOOOO P. 02 I * A fr f ' f d a ig ir m s C O a n n d g r N l y a r flie n i Af((j»rçs intfieiwiÇS ei ckj toord Canada Chrano!cf*ir •! N o . -- Af»»mC#o t:oo**ecuf i l Indian and Inud Affairs Allaites indiennes el muit 24-97 Fite Reference — N ° de ref- At doeoîor BAND COUNCIL RESOLUTION RÉSOLUTION DE CONSEIL DE BANDE N , , , E Tl.» ~ o rd , , u, n.r.rf f u n d .- i . l h , mu.l .p p , . , , n ^ T w H w V ^ Ô 'oT .T lT ïT i.'S ïS d iü ^ rfm ^ -Hiihn fu n d * N O T A : f r t . t « Wt * l t m * n In r* t *W».e t t o /r n * ,# , rf- rr>fre b*nde " C n p W Ou 'e v « , u “ «efo*, I - Uo.vcnf rom M re done feuto* I** resolu tio n# porfont e u rtfe a d e r « t » * « ; Innrlic bnndcx t t i i f cdÜNciï. of tiie .......... [ lf, conseil de la bande inüienne Pikangikui) First Nati 7 ons Current Capital Balance ACKNCV " ........ " Solde do capital Sioux Lookout i -----------------------nifiTMICT Committed - Engage s__________ PROVINCE Ontario Current Revenue balance Solde de revenu S ___ NOMPF L-BNDBO,r P ikangikW I - ------------------------------------------------ Committed - Engagé % UATfc. — Pprn 97 DAY - JO U R mwnr- JiôTs" AD 19 ~y£ÂR -~Â/V/vÊ£ " in) HEREBY RESOLVE: nrxwn. par les présentes; BE IT RESOLVED THAT: The Chief and Council of Pikangikum First Nation hereby approve and enact the PIKANG1KUM FIRST NATION INTOXICANT BY-LAW NO. 1 ~ 97 attached as Schedule “A” hereto, which by-law shall come into force on the date of this Resolution. FOR DEPARTMENTAL USE ONLY - R lS E R v I’AU MINISTERE 1. M.ind Fund Cixie £ t: 0 * 1*11 T* R DA LAN CR ̂ - S O L D E S D'OROtrVA T H V R J 3. F.*P*mhtuic 4. Authority — Avtortte 5. Seuiee or Ftuitjff , ' < C * o # de du compte a . Capital B. Revenue - Revenu 1 Depot t it -*. Indien Ac* 8e*- r*« S'narti* d o t fo bnndm ail thf f* l.oi et## le* Uc» p .i . . . » . r □ -, R n e t! v * enue S S S l Indien* _ lé. Recrm«'*»«Hli’<J — Recommend*Me Approved - Apjuouvoblo 1 ! Dote Appro vlnf Officer — . t>W e Rtc*mr/*c«diof Officer — Recommande pmr ! tA in 19-rp) 75J©-fi~oi9-je«
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