Contenu de la décision
t U£Pr- 0F 'W A N AFFAIk s * northern development BY-LAW ON INTOXICANT ABUSE ps - / *0V 29 M M ? BY-LAW NO. SECTION 97 (b) } Sioux Lookout, Ontario I THE FORT SEVERN BAND OF INDIANS -- -----------BEING A BY-LAW RESPECTING INTOXICATION AND THE USE OF INTOXICANTS ON THE RESERVE OF THE FORT SEVERN BAND OF INDIANS. WHEREAS, SUBSECTION 85.1(1) OF THE INDIAN ACT, R.S.C. 1970, CHAPTER 1-6 (AS AMENDED), EMPOWERS THE COUNCIL OF THE FORT SEVERN BAND TO MAKE BY-LAWS RESPECTING INTOXICATION AND THE USE OF INTOXICANTS ON THE RESERVE OF THE FORT SEVERN BAND; AND, WHEREAS, PURSUANT TO SUBSECTION 85.1(1) OF THE INDIAN ACT, THE FORM AND SUBSTANCE OF THE BY-LAW SET OUT BELOW WERE ASSENTED TO BY A MAJORITY OF THE ELECTORS OF THE FORT SEVERN BAND WHO VOTED AT A SPECIAL MEETING OF THE BAND OF THE 4TH DAY OF NOVEMBER, 1985, CALLED BY THE COUNCIL OF THE FORT SEVERN FOR THE PURPOSE OF CONSIDERING THE SAID BY-LAW; AND, WHEREAS, THE COUNCIL OF THE FORT SEVERN BAND CONSIDERS NECESSARY SPECIAL MEASURES FOR THE PROTECTION OF THE CITIZENS OF THE RESERVE OF THE FORT SEVERN BAND FROM THE PRESENCE OF INTOXICANTS;
NOW THEREFORE,' PURSUANT TO SECTION 85.1 OF THE INDIAN A C T , THE COUNCIL OF THE FORT SEVERN BAND ENACTS AS A BY-LAW THEREOF AS FOLLOWS: 1. NO OFFENCE IS COMMITTED AGAINST SUBPARAGRAPH 3(A) OF THIS BY-LAW IF THE PERSON.; IN POSSESSION IS TRANSPORT ING THE INTOXICANT IN AN UNOPENED STATE ACROSS THE RESERVE TO A DESTINATION BEYOND THE RESERVE BOUNDARY. 2. IN THE CASE OF A PERSON DESCRIBED IN SUBSECTION (1) WHO MUST SOJOURN ON THE RESERVE OVER NIGHT OR FOR A FEW DAYS IN ORDER TO AVOID BAD WEATHER, IN ORDER TO GATHER SUPPLIES OR FOR ANY OTHER VALIS PURPOSE, HE SHALL FOR THUS DELIVER THE INTOXICANT IN HIS POSSESSION TO A SPECIAL. CONSTABLE, . BAND CONSTABLE, ANY OTHER AUTHORIZED PEACE OFFICER, OR ANY OTHER PERSON DESIGNATED FOR THIS SPECIAL PURPOSE BY BAND COUNCIL RESOLUTION. 3. WHERE A SPECIAL CONSTABLE, A BAND CONSTABLE, OR AN AUTHORIZED PEACE OFFICER OR A PERSON DESIGNATED BY BAND COUNCIL RESOLUTION TAKES DELIVERY OF AN INTOXICANT IN THE CIRCUMSTANCES DESCRIBED IN SUBSECTION (2), HE SHALL THUS DEPOSIT THE INTOXICANT IN A PLACE OF SAFEKEEPING, SUCH AS A LOCK-UP OR A BAND ADMINISTRATION BUILDING
4. A SPECIAL'CONSTABLE, A BAND CONSTABLE, AN AUTHORIZED PEACE OFFICER OR A PERSON DESIGNATED BY BAND COUNCIL RESOLUTION WHO IS IN CHARGE OF THE INTOXICANT DEPOSITED IN ACCORDANCE WITH SUBSECTION (3) SHALL RETURN THE INTOXICANT TO THE ORIGINAL POSSESSION DESCRIBED IN SUBSECTION (1) AND (2) WITHIN TWENTY-FOUR.-HOURS OF HIS DEPARTURE FROM THE RESERVE, IT BEING THE RESPONSIBILITY OF THE ORIGINAL POSSESSOR OF THE INTOXICANT TO PROVIDE DUE TO NOTICE OF HIS IMMINENT DEPARTURE. 5. IN THE CASE OF A.PERSON DESCRIBED IN SUBSECTION (2) WHO FAILS TO DELIVER FOR THUS THE INTOXICANT IN HIS POSSESSION TO A SPECIAL CONSTABLE, BAND CONSTABLE, ANY OTHER AUTHORIZED PEACE OFFICER OR ANY OTHER PERSON DESIGNATED BY BAND COUNCIL RESOLU TION, THE PERSON IN POSSESSION OF THE INTOXICANT MAY BE FOUND GUILTY OF AN OFFENCE UNDER SUBPARAGRAPH 3(A) OF THIS BY-LAW. APPROVED AND PASSED AT A DULY CONVENED MEETING OF THE COUNCIL OF FORT SEVERN BAND INDIANS THIS 5TH DAY OF NOVEMBER 1985.
% ✓ BY-LAW ON INTOXICANT ABUSE BY-LAW NO. SECTION 97 (b) THE FORT SEVERN BAND OF INDIANS BEING A BY-LAW RESPECTING INTOXICATION AND THE USE OF INTOXICANTS ON THE RESERVE OF THE FORT SEVERN BAND OF INDIANS. WHEREAS, SUBSECTION 85.1(1) OF THE INDIAN ACT, R.S.C. 1970, CHAPTER 1-6 (AS AMENDED), EMPOWERS THE COUNCIL OF THE FORT SEVERN BAND TO MAKE BY-LAWS RESPECTING INTOXICATION AND THE USE OF INTOXICANTS ON THE RESERVE OF THE FORT SEVERN BAND; AND, WHEREAS, PURSUANT TO SUBSECTION 85.1(1) OF THE INDIAN ACT, THE FORM AND SUBSTANCE OF THE BY-LAW SET OUT BELOW WERE ASSENTED TO BY A MAJORITY OF THE ELECTORS OF THE FORT SEVERN BAND WHO VOTED AT A SPECIAL MEETING OF THE BAND OF THE 4TH DAY OF NOVEMBER, 1985, CALLED BY THE COUNCIL OF THE FORT SEVERN FOR THE PURPOSE OF CONSIDERING THE SAID BY-LAW; AND, WHEREAS, THE COUNCIL OF THE FORT SEVERN BAND CONSIDERS NECESSARY SPECIAL MEASURES FOR THE PROTECTION OF THE CITIZENS OF THE RESERVE OF THE FORT SEVERN BAND FROM THE PRESENCE OF INTOXICANTS;
NOW THEREFORE, PURSUANT TO SECTION 85.1 OF THE INDIAN A C T , THE COUNCIL OF THE FORT SEVERN BAND ENACTS AS A BY-LAW THEREOF AS FOLLOWS: I . ct'C-- t'*—• « j c t t L c s M c-r X,. NO OFFENCE IS COMMITTED AGAINST SUBPARAGRAPH 3(A) OF THIS BY-LAW IF THE PERSON IN POSSESSION IS TRANSPORT ING THE INTOXICANT IN AN UNOPENED STATE ACROSS THE RESERVE TO A DESTINATION BEYOND THE RESERVE BOUNDARY. v 2. X. IN THE CASE OF A PERSON DESCRIBED IN SUBSECTION (\) WHO MUST SOJOURN ON THE RESERVE OVER NIGHT OR FOR A FEW DAYS IN ORDER TO AVOID BAD WEATHER, IN ORDER TO GATHER SUPPLIES J> OR FOR ANY OTHER VALI$ PURPOSE, HE SHALL •EOÆ--JHŒI.DELIVER THE INTOXICANT IN HIS POSSESSION TO A SPECIAL CONSTABLE, BAND CONSTABLE, ANY OTHER AUTHORIZED PEACE OFFICER, OR ANY OTHER PERSON DESIGNATED FOR THIS SPECIAL PURPOSE BY BAND COUNCIL RESOLUTION. \. WHERE A SPECIAL CONSTABLE, A BAND CONSTABLE, OR AN AUTHORIZED PEACE OFFICER OR A PERSON DESIGNATED BY BAND COUNCIL RESOLUTION TAKES DELIVERY OF AN INTOXICANT IN THE CIRCUMSTANCES DESCRIBED 3 IN -SUBSECTION (X), HE SHALL m D E P P S IT THE INTOXICANT IN A 7H& PLACE OF SAFEKEEPING, SUCH AS A LOCK-UP OR-A'BAND ADMINISTRATION BUILDING.
0 • 5 'TK A SPECIAL CONSTABLE, A BAND CONSTABLE, AN AUTHORIZED PEACE OFFICER OR A PERSON DESIGNATED BY BAND COUNCIL RESOLUTION WHO IS IN CHARGE OF THE INTOXICANT DEPOSITED IN ACCORDANCE A WITH SUBSECTION (\) SHALL RETURN THE INTOXICANT TO THE ORIGINAL p O - 3 -£ C3tZ J. j BOSS BSSTOff-DESCRIBED IN SUBSECTION (X) AND (&) WITHIN TWENTY-FOUR. HOURS OF HIS DEPARTURE FROM THE RESERVE, IT BEING THE RESPONSIBILITY OF THE ORIGINAL POSSESSOR OF THE INTOXICANT TO PROVIDE DUE ¥3 NOTICE OF HIS IMMINENT DEPARTURE. IN THE CASE OF A PERSON DESCRIBED IN SWSECTION (t) WHO FAILS TO DELIVER TOR THUS THE INTOXICANT IN HIS POSSESSION TO A SPECIAL CONSTABLE, BAND CONSTABLE, ANY OTHER AUTHORIZED PEACE OFFICER OR ANY OTHER PERSON DESIGNATED BY BAND COUNCIL RESOLU TION, THE PERSON IN POSSESSION OF THE INTOXICANT MAY BE FOUND GUILTY OF AN OFFENCE UNDER SUBPARAGRAPH 3("Art OF THIS BY-LAW. APPROVED AND PASSED AT A DULY CONVENED MEETING OF THE COUNCIL OF FORT SEVERN BAND INDIANS THIS >TiJJDAY OF N&V£Mfi]ÏR 1985.
H'JÉU| Inoian and No#iem , _A_ff_a_ir*e,ws .i.n.vd«iennes ■ Affairs Canada et du N6rd Canada Indian and Inuit Affairs Affaires indiennes et inuit * r * ! K ' ■■ f t 3 > BAND COUNCIL RESOLUTION RÉSOLUTION DE CONSEIL DE BANDE N O TE: The words ' From our Band Funds C ap ital or R even u e ’ *, umich ever ijjl the c a s e , m tisVappear in a ll resolu tion s requesting expenditures from Band Funds N O T A ' t Z , T T S ' ° n d s d e " 0 , r 9 *""<*• - C a p it a l '- ou rovanu** . « o n t. c . doiv.nl p a m ttr , d a n . t o u t . , l e . ,S o lu t i o n , portant a u , d .a d ip a n .. . i meme le s tonds d e s ban d es t h e c o u n c i l o f t h e l e CONSEIL DE LA b a n d e i n d i e n n e Fort Severn Band AGENCY DISTRICT Sioux Lookout PROVINCE O - nt ^ ari . o PLACE n o m d e L ‘E n d r o i t Fort Severn n ATP* 05 November , Q D A Y - JO U R MONTH - MOIS DO HEREBY RESOLVE; D ECID E, P A R L E S P R E SE N T E S: Whereas, the Council of the Fort Severn Band considers necessary special measures for the protection of the citizens of the reserve of the Fort Severn Band from the presence of intoxicants. Whereas a referendum was held on November 4th, 1985 to determine whether or not alcohol will be allowed on Fort Severn Reserve. Whereas sufficient time of notice was notified to Fort Severn Reserve from October 28, 1985 to November 5, 1985 as required in Bill C-31. Whereas the results of the referendum are as follows: 86 in favor of attached By-Law. 16 against attached By-Law. Be It Therefore Resolved that the results of the referendum are approved and passed at a duly convened meeting of the Council of the Fort Severn Band Indians this 5th day of November 1985. A quorum for this Bande Pour cette bm de le quorum eet consists of fix é à Council Members Membres du Conseil (C oun cillor — c o n s e ille r ) (C o u n cillo r — c o n se i Iter) (C ou n cillo r — c o n s e ille r ) (C ou n cillo r — c o n s e ille r ) (C ou n cillo r — c o n s e ille r ) (C ou n cillo r — c o n s e ille r ) FOR D E P A R T M E N T A L USE O N LY - R ÉSE R V É AU MINISTERE 1. B and Fund Code 2. C O M PU TER B A L A N C E S - S O L D E S D *O R D lN A T EU R C o d e du com pte A. C ap ita l B . R even ue — R e v e n u de b an d e $ $ 6. Recomm ended — < R e com m endable Date Recommending O fficer — Recom m ande par U 13! (5-79) 7S30-21-0?‘*--5rr.2C hronological No. — Numéro co n sécu tif . , * ' i , ' ' V \ F ile R eferen ce - N ° de ré l. du d o s s ie r » " MTS *|r Current Capital Balance Solde de csp its l ^ Committed — Enfistfe % Current Revenue balance V W a V A I f A M . . m Committed — Ertfradé $ 85 Y E A R - A N N É E minister ôfnce I .N A C . CABINET 9 U MINISTRE À.I.H.C. Nnv 13 (C oun cillor — c o n se ille r) (C oun cillor — C o n seiller) (C oun cillo r — c o n s e ille r) (C oun cillo r — c o n se ille r) 3. Expenditure 4» Authority — A u to rité 5* Source of Funds Sou rce d e s l onda D é p e n se s Indian Act Sec A rt. de la L o i sur tes , □ —i / C ■» api . t . a . l « □ —1 R evenue $ In d ien s Approved — A p p ro u v ât! e Date Approving O fficer — A pprouvé p a r
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