Contenu de la décision
LB-1 too ■'St il : lid (-K INDIAN AFFAIRS THBAY 807 623 7021 TO 18199970034 P.03/13 ^ < 2 / 6 - 0 0 / 3 0 DECISION #:___ _________ O A TE :AUGUST 21.1997 FILE *: 08-03-97_______ PAGE: 1 OF 3 0 ? ? £ 6 0 7 I *97 SÉP 25 D e R2 e * RESO m 30 LUTION OF THE COUNCIL OF THE RAINY RIVER FIRST NATIONS /rnxJM 9-»?£3 B Y -L A W N O.: 001-97 yuLc- 9 7 / 0 0 3 A B Y -L A W R ES P EC TIN G A C U R FEW F O R CHILDREN E N A C T E D TH IS Ô Ü l D A Y O F S a -p -F c r J a e g . . 1997 W H E R E A S : 1. Subsection 81(1)(c). (d), (q) and (r) of the Indian A ct R.S., 1985, c. I-5, empower the Council of a First Nation to make by-laws for the observance of law and order, the prevention of disorderly conduct matter ancillary to the exercise of these powers, and penalties for violation of these by-laws; 2. The Council of Rainy River First Nations is of the opinion that for the welfare and safety of those children and the First Nations Community; children should not remain unattended and without adult supervision in public places during the evenings, N O W TH E R E F O R E the Council of the Rainy River First Nations enacts the following by-law; 1. Short Title This by-law may be cited as the “Rainy River First Nations Curfew By-Law". 2. Interpretation In this by-law: a) “child" means any person who is or appears to be under the age of sixteen (16) years; b) “Council" means the Council of Rainy River First Nations; c) “community social event* means a wedding, sports event, religious celebration, or other social event recognized as such by the Council of Rainy River First Nations; d) “parent* mean a father, mother, tutor, guardian or person having the custody or care of a child in law or in fact; e) “peace officer” means a peace officer as defined in section 2 of the Criminal Code, R.S.C. 1985, c.C-46’ f) “prohibited hours" means that period of time: J2
OCT 03 '97 11: 10 FR INDIAN AFFAIRS THBAY 807 623 7021 TO 18199970034 P.04/13 - 2 -2. Interpretation (cont’d) i) between the hours of ten o’clock (10:00 pm) in the evening of one day and six o’clock (6:00am) in the morning of the following day, far «lose days that immediately precede any school days; and, ii) between the hours of eleven o'clock ( 11:00pm) in the evening of one day and six o'clock (6:00am) in the morning of the fallowing day, for afl other days of the calendar yean g) "public place” means any place at the reserve other than a residential dwelling; h) "reserve” means the Rainy River First Nations, Manitou Rapids #11, Emo, Ontario 3. Prohibition No parent shall permit his or her child to be in any public place during the prohibited hours unless such child: a) is accompanied by his or her parent; b) with the authorization of that child's parent, is accompanied by a person who is at least eighteen (18) years of age; c) is attending or is directly returning home from a community social event. 4. Pow ers of the Peace Officer A ) A peace officer who finds a child in a public place at the reserve during the prohibited hours shall wam the child to immediately return to his or her residence. B) If after warning the child refuses or neglects to immediately return to his or her residence, a peace officer may use such reasonable force as is necessary to escort the child to the child's residence, and shall issue a notice of offence to the parent of tire child. C ) A peace officer shall issue a notice of offence to the parents of the child, on tha second and each subsequent occasion that the child is found in a public place during the prohibited hours. 8. Penalty Any parent who permits his or her child to be in a public place during the prohibited hours, has committed an offence under this By-Law and is liable upon summary conviction to a fine of not greater than one thousand ($1,000.00) dollars, or imprisonment for a period not exceeding fairly (30) days, or both. ............ .. J2
OCT 03 * 97 li:i0 FR INDIAN AFFAIRS THBAY 807 S23 7021 TO 18199970034 P.05/13 • 3 -TH IS B Y -L A W IS H E R E B Y A D O P TE D A N D A P P R O V ED by Resolution of the Council of the Rainy River First Nations this ____________ _ day of ■t'cÀm. W r 1997. The quorum of the Council is 4 members. Number of members of the Council present at the meeting: 4 I, Jim Leonard II, Chief of Rainy River First Nations, do hereby certify that a true copy of the foregoing B y- Law was mailed to the Minister of Indian Affairs and Northern Development at the offices in I n u r d . Q /Q TA rtiJ _____________ , pursuant to subsection 82(1) of the Indian Act, this day o f. belt- 1997 W ITN E S S : ) as to the signature(s) of: ) ) ) ) ) ) ) ) )
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