Contenu de la décision
THE CANOE LAKE BAND OF INDIANS By-law 85.1 Intoxicants 1:1987 Being a by-law to provide for the control of the use of intoxicants on the Canoe Lake Indian Reserves No. 165, 165A and 165B and the Eagles Lake Indian Reserve No. 165C. WHEREAS Section 85.1 of the Indian Act empowers the Council of a Band of Indians to make a by-law respecting the control of the use of intoxicants on its reserve and the imposition of a penalty for the violation thereof; WHEREAS in the negotiations entered into prior to the signing of the treaties, both the Commissioners respecting Her Majesty the Queen, and the Chiefs representing the Indian nations, as evidenced by oral history and the Commissioners' reports, it was understood that the use of intoxicants would be prohibited on the reserves set aside for the use and benefit of the Indian people; WHEREAS according to the terms of the treaties, the Chiefs representing the Indian people agreed to maintain peace and good order between each other; WHEREAS by Section 25 of the Constitution Act, 1982, the guarantees in the Charter of Rights and Freedom shall not be construed so as to abrogate or derogate from any aboriginal treaty or other rights or freedoms that pertain to the aboriginal people of Canada;
THE CANOE LAKE BAND OF INDIANS By-law 85.1 Intoxicants 1.1987 WHEREAS the Council of the Canoe Lake Band of Indians is desirous of preserving the treaty rights of maintaining peace and good order between each other, including the control of the use of intoxicants on the reserve; AND WHEREAS it is deemed to be expedient to control the use of intoxicants on these reserves for the safety and welfare of the members; NOW THEREFORE the Council of the Canoe Lake Band of Indians hereby enacts as a by-law thereof as follows: 1. In this by-law (a) "Intoxicants" includes alcohol, alcoholic, spirituous, vinous, fermented malt, or other intoxicating liquor, or a combination of liquors and mixed liquor, a part of which is spirituous, vinous, fermented or otherwise intoxicating, and all drinks or drinkable liquids and all preparations or mixtures capable of human consumption that are intoxicating; (b) Intoxication means the state of being intoxicated by intoxicants, that is, drunkenness or inebriety, or the mental and physical condition inducted by drinking excessive quantities of alcoholic liquors; (c) "reserve" means all those tracts of lands the legal title to which is vested in Her Majesty, that has been set apart for the use and benefit of the Canoe Lake Band of Indians.
THE CANOE LAKE BAND OF INDIANS By-law 85.1 Intoxicants 1.1987 2. No person shall sell, barter, supply or manufacture intoxicants on these reserves of the Canoe Lake Band, and every person who, in contravention of any provision of this by-law sells, barters, supplies or manufactures intoxicants on the reserves of the Canoe Lake Band is guilty of an offence and liable on summary conviction to a fine of not more than One Thousand Dollars or to imprisonment for a term not exceeding six months or to both. 3. No person shall be in a state of intoxication or have intoxicants in his possessiorf on these reserves of the Canoe Lake Band, and every person who, in contravention of any provision of this by-law, is in a state of intoxication or has intoxicants in his possession on these reserves of the Canoe Lake Band is guilty of an offence and liable on summary conviction to a fine of not more that One Hundred Dollars or to imprisonment for a term not exceeding three months or to both. Approval at a special meeting of the Electorate of the Canoe Lake Band of Indians this 19th day of August, 1987. Be it known that this by-law entitled Canoe Lake Band By-law 85.1 intoxicants is hereby enacted as by-law No. 1:1987 by
THE CANOE LAKE BAND OF INDIANS By-law 85.1 Intoxicants 1.1987 the Council of the Canoe Lake Band of Indians at a duly convened meeting of the said Council held on the 3rd day of September, 1987. t fu e f Councillor Max Iron Councillor Gilbert Iron Councillor Eli Opekokew Councillor Norman Opekokew Councillor Witness Max Iron Witness Gordon Alger Witness Gordon Alger Witness Gordon Alger Witness Gordon Alger Witness
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