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1 • Ul ' AUWA » □*"!/“ DZJ I 1|3 i DIA-’ 819 997 0034;# 5 /1 8 RESIDENCY BY-LAW BY-LAW # 1999-03 (H. : • m!' ' -, t;U- .̂ !t» ». f it; ! i. i ' ‘ ■ j - i -, of the Qjibways of Sucker Creek Being A By-Law for the RESIDENCY RESTRICTIONS on the Sucker Creek First Nation WHEREAS, the Council for the Ojibways o f Sucker Creek desires to establish a by-law provide for the removal and punishment o f persons trespassing on the reserve or frequenting die reserve for prohibited purposes; AND WHEREAS, the Council for the Ojibways o f Sucker Creek is empowered to make such a by-law pursuant to paragraphs 81 (1) (p. 1), (q) and (r) o f the Indian Act, AND WHEREAS it is deemed to be expedient and necessary, for the benefit, comfort and safety o f the inhabitants of the Ojibways o f Sucker Creek to provide for the removal and punishment of persons trespassing on reserve lands or frequenting the reserve for prohibited purposes; NOW THEREFORE, foe Council for the Ojibways o f Sucker Creek hereby makes the following By-Law. Pag* 1 of 10 i •Ï i I
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1 U X I UtJ » UIA-> 819 997 0034;# 6/18 Qjibwgyft of Sucker Crock Residency By-Law 1. SHORT TITLE: This By-Law may be cited as the “Ojibways of Sucker Creek Removal of Trespassers By- Law”. 2. INTERPRETATION i In this By-Law “Band7 means the Ojibways o f Sucker Creek; 4 4 Coundr means the Council, as defined in the Indian Act, o f the Ojibways o f Sucker Creek; “ j Member ofthe Band7' means a person whose name appears or is entitled to have his/her name appear on the Ojibways of Sucker Creek Band Membership List pursuant to the Indian Act or the membership rules o f the Band. “Officer’' means any police officer, police constable or other person charges with the duty to preserve and maintain the public peace, and any by-law enforcement officer or other person appointed by the Council for the purpose o f maintaining law and order on the reserve pursuant to By-Law Number_______Relating to law and Order. “Reserve” means the Ojibways o f Sucker Creek numbers 23 and 1 SO... “Trespass’7 means the entry onto, or the presence on, the reserve by a person without lawful justification. 3. PROHIBITED PURPOSES i. A person, other than a person referred to in subsection (2), who conducts or is suspected of conducting on the reserve any o f the following activities, namely; a) hunting, fishing, or trapping, bj hawking, or peddling o f wares and merchandise, c) loitering; d) soliciting financial assistance, e) any illegal activity. Page 2 of 10
U I • AUWA . o - i r -a a ; 1 3 :4e ; DIA- 819 997 0034;# 7 /1 8 Ojibwayt of Sucker û w k Residency By-Law 11 A. spouse or dependent child of a person who is entitle to reside on the reserve undo* Subsection (1); who actually resides with that person at or after the time of entitlement 1. . ■ arises, is entitled tp reside on, thp reserve, apd such entitlement is independent of the entitlement o f tlwdf person. ' i 1 ' , ! iii. Notwithstanding Subsection (2\ any spouse or dependent child o f a person who has been granted permission to reside on die reserve <br a defined period is not entitled to reride on the reserve after the end o f that defined period. 4. REGISTRAR OF RESIDENTS i. The Council shall appoint a Registrar o f Residents to provide for the administration o f applications, petitions and appeals made under this by-law and to maintain records to the residents o f the reserve. ii. The Registrar o f Residents shall maintain a Residents Lists on which is recorded: a) the name of each resident, b) an indication as to whether each resident is a resident for an indefinite or defined period; c) the length o f any defined period o f residence; and d) the location o f each resident's dwelling. 5. APPLICATION to be a RESIDENT i. Any person may apply to the Council for permission to be a resident o f the reserve or to extend any defined period for which permission was previously granted to the person by the Council to be a resident on the reserve. ii. The application shall be filed with the Registrar of Residents and shall include: a) the applicant's reasons for applying to be a resident; b) if the applicant proposes to reside on the reserve for a limited time, the approximate duration o f the proposed residence; c) the location at which the applicant proposes to reside; d) the name o f the applicant's spouse, if any; e) the names o f the applicant’s dependent children, if any, and f) any additional information the applicant wishes to provide relating to the considerations listed in Section 7 (2) : : O ■ ■ 1- • ' I Page3 of 10
kju 11 Ul ' ALAVA . a - w - a a ; ia :4 t j ; DIA 819 997 0034;# 8 /1 8 Ojibways of Sucker Creek Residency By-Law 6 HEARING i. Within ninety (90) days after the filing o f a properly completed application, the Council 1 sluill hold a hearingW ithres^ècttbi the application. • , ‘‘ . ‘ . i - \ >• ̂ i, | i?t ' ■ ' i" ii. At least fourteen (14) days prior to the hearing, the Registrar Resident shall; a) give written notice to the application o f the, rime and place of the hearing and inform the applicant that be/she has the right to appear at the hearing and be heard in support of the application; and b) post in the Administration office a copy o f the notice. hi. At the hearing, the Council shall a) provide the applicant with an opportunity to present evidence and to make oral and written submissions, or both in support o f the application; and b) provide any resident present at the hearing with an opportunity to be heard. iv. The Council may make rules o f procedures governing the hearing of applications and shall keep records of its’ proceedings. 7. DECISION i. After it has heard all o f the evidence ami submissions, the Council shall meet in private to consider the application. h. In determining whether an applications for permission to be a resident o f the reserve should be granted, the Council shall take into consideration each of the following: a) whether the applicant has arranged for a place to reside on the reserve; b) whether the applicant's residing on the reserve would be compatible with the culture, society and community o f the Band ami welfare of rise members of the Band reading on the reserve; c) whether the applicant is o f good moral character, d) the extent to which the applicant is prepared to commit his personal and economic resources to the welfare and advancement o f the community residing onreserve; e) the availability on the reserve o f adequate housing, land and services; and , f) whether the applicant is or will be employed on the reserve. ■ Page 4 of 10 • ■ t ■ r
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OU 11 UI • ALAVA . a - w - a a ; 13 :47 ; D1A-* 819 997 0034;# 9 /1 8 Ojibways of Sucker Creek Residency By-Law iii. Where the applicant is a member of the Band, the Council shall consider only the criteria enumerated in paragraphs (2) a) and e). . '1 ' ji' ' !|| ; 4 :!' ; h 1 i ■ ; îl 1* ( !'■ '1 :!*f! iv. Within ten (10) days after the hearing, the Council shall dispose of the application by: a) granting the applicant permission to be a resident o f the reserve for an indefinite period until such time as the applicant ceases to reside on the reserve; b) granting the applicant permission to be a resident o f the reserve for a defined period o f time; c) extending any defined period for which permission was previously granted to the individual by the Council to be a resident o f the reserve; or d) refusing the application, . . .and shall give written notice of its’ decision to the applicant, incorporating reasons in support o f its decision. v. Within five (5) days after disposing of the applications, the Council shall post a notice of its’ decision in the Administration Office vi. Any applicant whose application for residency is refused under this sections, may appeal to the Residency Committee pursuant to Section 12. 8 RE-APPLICATION Where an application made under Section 5, is refused pursuant to the provirions of Section 8, the Council is not required to consider any further application by that person for a period o f one (1) year from the date o f the refusal, unless the applicant can show that there has been a material change o f circumstances. 9. ENFORCEMENT i. An officer may order any person who is residing on the reserve, and who is not a resident, to cease to reside on the reserve. , . , . • ■ . . i . . j • * . <’ ; ; ! , ii. Where an individual who has been ordered under subsection (1) to cease to reside on the reserve fails or refuses to do so within thirty (30) days after the order is made under Subsection (1 ), an officer may issue a further order prohibiting the indivichuU from.bdng on or reentering the reserve for a period o f sixty (60) days Page 5 of 10
vi x i au i ÎO • *iO » D!A- 819 997 0034 ;#10 /18 Ojibway* o f Sucker Creek Residency By-Law in Any individual who fails or refuses to comply with an order matte under Subsection (2), commits an offence. ! ; * ^ . r : , i : . f - , - i iv Everyone who assists an individual who has been ordered to cease to reside on the reserve, to continue to reside on the reserve commits an offence. 10 REVOCATION o f ENTITLEMENT to RESIDE i. On the petition o f any ten (10) residents, the Council may revoke the entitlement o f any individuals to reside on reserve who is referred to in Section 3, other than a member o f the band or an individual referred to in Paragraph 3 (i) b), where, after a hearing, it has been shown that: a) the individual, while a résidait o f the reserve, has been convicted o f an indictable offence under the Criminal Code (Canada) for which a pardon has not been granted; or b) the individual, within any period of two years while residing on the reserve, has committed two (2) or more offences under the Criminal Code (Canada), against a parson or property of another resident, for which hc/she has been convicted and for which a pardon or pardons have not been granted; ... and that h would be detrimental to the best interests o f the Band to permit the person to continue to be a rendent of the reserve. ii Within thirty (30) days after the petition referred to in Subsection (1) is received by Council, the Council shall hold a hearing into the matter. iii. At least fourteen (14) days prior to the hearing, the Registrar of Resident shall: a) give written notice to each petitioner and to the affected résidait of the date, time and place o f the hearing and informing the petitioner and the affected resident that he has a right to appear a the hearing and to be heard; and b) post in the Administration Office a copy o f the Notice. iv. At the hearing the Council shall: a) provide cadi petitioner and the affected individual with an opportunity to present evidence and to make oral and written submissions, or both, on die petition; and b) provide an ... y ■ resi , d en . t prese - n ■ t at th . e .I hearing with an opportunity to be heard. Page 6 of 10 I
UiJ fl U ■ * /U_IVU/l > a ~ n ~ a a . i j - ^ n ; ÜIA- 819 997 0034;#11/18 Ojibways of Sucker Creek Residency By-Law v. The Council may make rules o f procedure governing the hearing o f petitions under this section and shall keep records o f i’s proceedings. vi. After it has heard all o f the evidence and submissions, the Council shall meet in proviatc ; to consider the petition: vii. Any revocation of entitlement of an individual to reside on the reserve shall require a special majority of three-quarters 04) o f the Council voting in favour o f the petition and shall incorporate written reasons in support thereof viii. Within ten (10) days after the hearing, the Council shall render its* decision in writing to the petitioners and affected residents. ix. Within live (S) days after the Council's decision, the Council shall post a notice o f the decision in the Administration Office. x. A petition shall not be considered under tins section in respect of a resident who, at the time o f the petition, is under the age o f sixteen (16) years. xi. No revocation o f a resident’s entitlement to reside on the reserve shall affect the entitlement of the spouse and children o f that resident to continue to reside on reserve. xii. No revocation o f a resident’s entitlement to reside on the reserve shall affect the entitlement of the spouse and children of that resident to continue to reside on the reserve. xiii. A resident whose entitlement to reside on (he reserve has been revoked by the Council under this section may appeal the decision of Council to the Residency Committee pursuant to section 12. 11. RESIDENCY COMMITTEE ; • I i. The Council shall appoint a Residency Committee, consisting of five (5) Band Members o f the Ojibways o f Sucker Creek, to hear appeals pursuant to flections 7 and 10, and to make recommendations to the Band Council. • 5 t • • ti. Any recommendations o f the Residency Committee requires the support o f at least three (3) Committee Members. Page 7 of to
oi~m u i 'AUWA » 0- 1 t~va ' 1<JA3 . UIA-* 813 337 U034;#12/18 Ojibways of Sucker Creek Residency By-Law iii. The Residency Committee may make rulesof procedures governing appeals and shall keep records o f its' proceedings. ‘ ; 12. APPEALS i. Within thirty (30) days after the posting of a notice o f the Council’s decision in the Administration Office, the applicant in the case o f Section 7, or the affected resident in the Case o f Section 10, may appeal the Council’s decision to the Residency Committee by filing a written request with the Registrar of Residents that the Residency Committee hear the appeal. ii. Within thirty (30) days after the filing of the request, the Residency Committee shall conduct a hearing with respect to the appeal. iii. At least fourteen (14) days prior to the date of the hearing, the registrar of Residents «hall a) give written notice to the appellant of the date, time and place of the hearings and shall inform thé a p la t i t that fie/she has the right to appear and make oral or written submissions, or both, at the hearing in support o f the appeal; and b) post in the Administration Office a copy of the notice. iv At the hearing, the Residency Committee shall: a) provide the appellant with an opportunity to present evidence and to make oral and or written submissions, or both in support o f the appeal; and b) provide any resident present at the bearing with the opportunity to be heard. v. After it has heard all the evidence and submissions, the Residency Committee shall meet in private to consider the appeal. Vi. In determining whether an appeal should be allowed, the Residency Committee shall take into consideration the criteria set out in Subsections 7 (ii) and (in), in the case o f a Section 7 appeal, and the criteria set out in Subsection 10 0) in the case o f a Section 10 appeal. vii. Within ten (10) days; after hearing the appeal, the Residency Committee shalf make written recommendations to the Council. viii. The Residency Committee shall give written notice o f its’ decision to the appellant. Page s of 10 !
f U X I uu î ü ’j u » UIÜ"’ o i a üo/ uud<i>*iü/io Qjibways of Sucker Creek Residency By-Law 13. FINAL DECISION Î. Within ten (10) days after the Council has received the recommendations referred to in subsection 12 (xii), the Council shall dispose of the application by; a) granting the applicant permission to be a resident o f the reserve for an indefinite period unfil'^bh fiine as the ajplphcant ceases to reside on the réservé;»' 4 b) granting the applicant permission to be a resident o f the reserve for a defined period; c) extending any defined period for which permission was previously granted to the individual by the Council to be a resident of the reserve, or d) refusing the application, ...and shall give written notice of its’ decision to the applicant. U Within five (3) days after disposing of the application, the Council shall post a notice o f its' decision m the Administration Office. 14. PENALTIES Any individual who contravenes any of the provisions of this by-law commits an offence and is liable on summary conviction to a fine not exceeding one thousand dollars ($1,000.00) or to imprisonment for a term not exceeding thirty (30) days, or both. Page 9 of 10
acn i DI • ALAUA ; a - i / - a a ; ia :a i ; DIA-* 819 997 0034 ;#14 /18 k Ojibwayft o f Sucker Creek Residency Ry-J,aw THIS RESIDENCY BY-LAW is hereby enacted at a duly convoked netting of the Band Council forthe Ojibways of Sucker Creek thjs _ L d a y o f J ^ £ _ > I W » . Voting in favour of the Residency By-law Chief Diane Abotossaway ouncillor Marvin Assinewai r Patsy Corbiere L Chief Diane Abotossaway, do hereby certify that a true copy of the foregoing by law was mailed to the Minister of Indian Affairs and Northern Affairs, pursuant to Subsection 82 (1) of the Indian Act, this 1 day of S epl. . 19 9*7. Chief Diane Abotossaway Councilor Page 10 o f 10
SENT BY-XEROX î 9 -1 7 -9 9 ; 1 3 :4 3 ; DIA 819 997 0 0 3 4 ;# 3 /1 8 Indian and Nodltwn Affairs I Canada Chronological no. • 1066 fibraftraraino. • WOTS: Hw wood» “ from our Bund timdn" or whichever k the aue. mag appear in ah naeotubuw repKgrtmjt «apuwiiham from Band fan* Cash free bttUmcc The Council of the C ^ ila l account Ojibways of Sucker Creek $ Dale o f duty liv e n e d meeting : i 0 1 M Y- Province Revalue accotad 12 |8 10 6 | 9 |9 $ DO HEREBY RESOLVE: RESIDENCY BY-LAW , W H EREA S, the Council for the Ojibways o f Sucker Creek desires to establish a by-law governing the Residence o f Band M embers and other persons on reserve lands; AND W11EREAS, the Council for the Ojibways o f Sucker Creek is empowered to make such a by-law pursuant to paragraphs 81(1) (p .l), (q) and (r) o f the Indian Act; AND W HEREAS it is deemed to be expedient and necessary, for the benefit, comfort and safety o f the inhabitants o f the Ojibways^of Sucker Creek to regulate the residence o f Band Members and other persons on reserve lands; TH EREFO RE, the Council for the Ojibways o f Sucker Creek hereby makes the following By-Law. FOR. DEPARTMENTAL USE ONLY Expnwkhws AudMÉty (Indam Ad Scdifta Souwcoft’ûiuil tiqpcRtftaroi Ramon affwtf* Md (1MS9J 7XHW1.«WJI2 Canada ? », Î i i - fj;
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