Contenu de la décision
CAT LAKE FIRST NATION GORDON OOMBASH MEMORIAL BUILDING 2 BACK ROAD WEST CAT LAKE, ONTARIO POV 1JO WHEREAS: Chief and Council have considered the attached by-laws Therefore Chief and Council hereby adopts the two attached by-laws titled "First Nations Law Respecting Curfew" and "Health and Justice Committee". Dated this day 22nd. July 1993 at Cat Lake First Nation
CAT LAKE FIRST NATION PESHEWESAHEKNIK GORDON OOMBASH MEMORIAL BUILDING NETUM ANESHENAPEK 2 BACK ROAD WEST (807) 347-2100 CAT LAKE, ONTARIO FAX (807) 347-2116 POV 1J0 The Cat Lake First Nation First Nation Law Respecting Curfew WHEREAS the Cat Lake First Nation is of the opinion that it is in the best interests o f the Cat Lake First Nation, its members and in particular its youth to establish a curfew; AND WHEREAS the Cat Lake First Nation is empowered to make by-laws through the provisions of the Indian Act, including matters respecting: i the regulation o f traffic (s.81(l)(b); ii the observance of law and order (s.81(l)(c)); iii the prevention o f disorderly conduct and nuisances (s.81(l)(d)); iv the control and regulation of public games, sports, races, athletic contests and other amusements (s.81(l)(m); v the regulation of persons who enter the Reserve to buy, sell or otherwise deal in wares or merchandises (s.81(l)(n)); vi the removal of persons trespassing upon the reserve or frequenting the Reserve for prohibited purposes (s.81(l)(p)); and, vii with respect to any matter arising out of or ancillary to the exercise of these and other powers (s.81(l)(q)); THEREFORE the Chief and Council of the Cat Lake First Nation enacts this law, including these recitals; Definitions 1 In this law "Alternative Measures" means any program of alternative measures authorized by Chief and Council of the Cat Lake First Nation at a properly constituted First Nations Council meeting. "Child" means any person under the age of 18 years; CERTIFIED TRUE COPY Angelins Albers Commissioner for the taking of Oaths Pursuant to Paragraph 108 (a) of the Indian Act
"Community Event" means any gathering of community members which in the opinion of Chief and Council should receive an exemption from the effects of this law, and includes weddings, funerals, community feasts as well any event declared by Chief and Council to be a community event; "Person" means: (a) any member of the Cat Lake First Nation; (b) any resident of the Cat Lake First Nation; (c) any other who is present within the boundaries of the Cat Lake First Nation. "Prohibited hours" means the period time declared by the Chief and Council of the Cat Lake First Nation to be the period during which no person shall be in a public place without permission. Enforcement 2 A Constable of the Cat Lake First Nation, a First Nations Constable, any other authorized peace officer who has been granted permission by Chief and Council, and any person granted such powers by Chief and Council at a duly constituted meeting of Cat Lake First Nation, who finds any person in a public place within the traditional territory of the Cat Lake First Nation dining the prohibited hours, may, warn that person to immediately return to their place of residence within the community, and if after so warning the person refuses or neglects to return to their place of residence immediately, the peace officer, Constable of other authorized person may use such reasonable force as is necessary to escort the person to their place of residence. 3 A Constable of the Cat Lake First Nation, a First Nations Constable, any other authorized peace officer who has been granted permission by Chief and Council, and any person granted such powers by Chief and Council at a duly constituted meeting of Cat Lake First Nation, who finds any child in a public place within the traditional territory of the Cat Lake First Nation during the prohibited hours, may, warn that person to immediately return to their place of residence within the community, and if after so warning the child refuses or neglects to return to their place of residence immediately, the peace officer, Constable of other authorized person may use such reasonable force as is necessary to escort the child to their place of residence. 2
Offences and Penalties 4 Any child or other person who does not return immediately to their place of residence after having been warned to, is guilty of an offence and is liable to a fine of not more than One Hundred Dollars, or imprisonment for a period not exceeding three months, or both. 5 Any child or other person found in a public place during prohibited hours on more than one occasion in any three month period is guilty of an offence and is liable to a fine o f not more than One Hundred Dollars, or imprisonment for a period not exceeding three months, or both. 6 Alternative Measures may be used to deal with any person or persons alleged to have committed an offence under this law and with any person or persons who have been charged or convicted of an offence under this law. Exceptions 7 No offence is committed where a person other than a child has been granted permission by Chief and Council to be in a public place during prohibited hours and where the person has notified in advance those responsible for enforcing this law. 8 No offence is committed where a child has been granted permission by Chief and Council to be in a public place during prohibited hours and where the parent or guardian or other person who has charge of the child, has notified in advance those responsible for enforcing this law. 9 No offence is committed where the person or child is attending, or returning home from, a wedding, funeral, community feast or any other community event which has been declared by Chief and Council to be a community event Prohibited Hours 10 (1) Chief and Council may, at a duly convened meeting of the Cat Lake First Nation Council, establish prohibited hours during which any person, persons, or group or class of persons shall be prohibited from being in a public place and shall, where they have established any prohibited hours, display the hours and conditions of any prohibited hours established, and the person or persons to whom they apply, at the Band Hall and at the Police Station. (2) Chief and Council may issue to any person or persons a pass exempting them from the provisions of this law. 3
(3) Any person so exempted from the effect of this law shall carry their pass with them at all times when they are in a public place during prohibited hours. Community Events 11 (1) Chief and Council may, by resolution, declare any event which they think appropriate to be a community event exempt from all or part of the provisions of this law. (2) Any resolution declaring any event to be exempt from the provisions of this law shall be posted at the Band Office and a copy shall be made available to the person or persons organizing the event (3) The person or persons organizing the event declared to be a community event by Chief and Council shall post a copy of the resolution at the site of the community event. (4) Every community event, other than a wedding, funeral or community feast, must display a copy of the resolution declaring it to be a community event in order for those attending to be exempt from this law. Responsibilities o f Parents and Guardians 12 The parents of any child found without permission of Chief and Council in a public place during prohibited hours on more than one occasion in any three month period may be required to attend a meeting with a person or persons designated by Chief and Council to discuss the behavior o f the child and their compliance with this law and to devise a plan whereby the compliance of the child can be assured. 13 Any parent who refuses to attend a meeting arranged pursuant to section 12 of this law, or who fails to comply with the requirements of any plan devised at such a meeting, is committing an offence and is liable to a fine not exceeding One Hundred Dollars, or imprisonment for up to three months, or both. CERTIFIED TRUE COPY . CUMesuLi Angelina Albers Commissioner for the taking of Oaths Pursuant to Paragraph 108 (a) of the Indian Act 4
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