Contenu de la décision
1 R U 3 1 3C.KV 1̂ 0 0 9 / 0 1 3 SPALLUMCHEEN INDIAN BAND BY-LAW NO.5 A BY-LAW TO PROVIDE FOR THE PROTECTION OF ELDERS ON THE RESERVES OF THE SPALLUMCHEEN INDIAN BAND WHEREAS pursuant to the powers vested in the Council of the Spallumcheen Indian Band pursuant to subsections 81 ( 1 ) (c), (d), and (q) of th e In d ia n A c t , by-laws may be enacted for, inter alia, the observance of law and order, and disorderly . conduct and nuisances; NOW THEREFORE the Council of the Spallumcheen Indian Band, in open meeting assembled, enacts as follows: ShQrtT±%Xq 1. This by-law may be cited for all purposes as the "Elder Protection By-law". Recitals 2. The Chief and Council and members of the Spallumcheen Indian Band support the position that Elder abuse shall not be tolerated. The Chief and Council wish to ensure the traditional place of Elders in the Spallumcheen community and wish to restore and maintain this position of respect. . * - . % r.. " ' All Elders should be afforded the status due to them and should be treated with respect by all Spallumcheen community members. DEFINITIONS 3. In this by-law, or in any resolution cf the Council passed relating to this by-law, unless the context otherwise requires, the following words shall have the meanings hereinafter attributed to them: "ABUSE" includes: (a) the wilful neglect of an Elder by person(s) responsible for the care of that person or by the person(s) morally required to provide same; (b) the intimidation and verbal abuse of Elders; (c) the extorting of monies from Elders in any way, method or means; (d) the invasion of an Elder's home for purposes of partying or staying without permission. "BAND" shall mean the registered members of Spallumcheen Indian Band. "CARE" includes everyday things which are normally available to others, such as food, water, shelter, access to medical care, toilet and shower facilities, etc.
^
H U I U / U i J SPALLUMCHEEN INDIAN BAND BY-LAN NO. 5 - PAGE 2 MCARE WORKER" includes employees of the Spallumcheen Band who are employed to provide care or service to Elders. "COUNCIL”,. shall mean Spallumcheen Indian Band elected Chief and Cùxinci l i a r s ' i n of free at the relevant time. "CRIMINAL CODE" means The Criminal Code. R.S.C. 1985, c.C-46, as amended. "PEACE OFFICER" includes any police office, police constable, or other person employed for the preservation and maintenance of the public peace and without limiting the generality of the foregoing shall include any member of the Royal Canadian Mounted Police. "RESERVE" shall mean any of Spallumcheen Indian Band Salmon River Indian Reserve 01,' Enderby Indian Reserve #2 or Sicaraous Indian Reserve 03. Duties of Council and Care Workers 4. The Çare Workers shall conduct regular and frequent checks of Elders and shall be vigilant to :signN%f::lBÉ»»ewT*-,. 5. Upon receipt of information regarding abuse, the Council and/or Care Workers shall immediately conduct an investigation. 6. If a care worker is conducting an investigation and feels that the immediate safety of an Elder is at risk, the care worker shall immediately contact a member of Council. In the event the care worker is unable to contact a member of Council, then they shall contact the R.C.M.P. 7. Following the investigation, a written report shall be submitted to Spallumcheen Band Council. Internal Procedures 8. The alleged offender(s) shall be summoned to appear before Council and the person(s) who conducted the investigation. 9. The Council and investigator shall hear/read statements from witnesses, examine the evidence and determine if there are reasonable and probable grounds to believe the allegations. of abuse against an Elder are true. If the Council determines that the allegations are true, then: (a) The Council shall determine whether the matter can be dealt with internally, or whether a Peace Officer should become involved with respect to a criminal charge under the Criminal Code. 10. In cases where it is the decision of the Council that the matter can be effectively dealt with internally: (a) The Council shall examine the offender(s)' status on the Reserve, and, if appropriate, shall expel or banish the offender(s) from the Reserve.
SPALLUMCHEEN INDIAN BAND BY-LAW NO. S - PAGE 3 (b) If appropriate, the Council shall instruct the offcnder(s) to vacate the Elder's home permanently. External Procedures 11. In cases where it is the decision of Council that a Peace Officer should become involved with respect to a criminal charge under the Criminal Code, the Council shall direct a Band Council Resolution to the tl.C.M.P. requesting that the R.C.M.P. conduct an investigation. 12. Upon receipt of a Band Council Resolution from the Council regarding abuse, the R.C.M.P. shall conduct an investigation and, when appropriate, shall proceed with the appropriate charges. 13. A Peace Office shall be entitled to enter upon the Reserve, and shall have the power to do any act which she/he would otherwise be lawfully entitled to do. with respect to the enforcement of this by-law when: (a) there are reasonable and probable grounds to believe that: ( i ) a violation of the Criminal Code is being committed on the reserve, (ii) a person who has committed a violation of the Criminal Code and 'fr ■ who has not.yet been apprehended for that violation.is on the Reserve, or-(iii) a person in respect of whom a warrant of arrest or committal has been issued and is in effect is on the Reserve; (b) She/he is requested by a member of the Band to enter the Réservé for the purpose of keeping the peace; or (c) It is necessary for her/him to do so in the course of an official investigation of a violation of the Criminal Code. 14. During the course of their duties, including the foregoing, the R.C.M.P. shall be vigilant for any signs of abuse and shall immediately report same to the Council. 15. rn cases where the Elder is residing off Reserve, the Council shall hear/read statements from witnesses, examine the evidence and determine if there are reasonable and probable grounds to believe the allegations of abuse against an Elder are true. If the Council determines that the allegations are true, then: (a) If appropriate, the COüncil shall direct a Band Council Resolution to the R.C.M.P. as set out in clause 11 hereof; (b) If appropriate, the Council shall seek the assistance of the appropriate provincial authorities to protect the Elder and to prevent the abuse from continu;ng; (c) If the procedures set out in clauses 15(a) and 15(b) are inadequate to effect the protection cf the Elder, then the Council shall, if the Elder concurs, irakr. diligent efforts to provide suitable accommodation tc the Eider on Reserve in order tnat the Eider shall have the protection afforded by this by-law.
SPALLUMCHEXN INDIAN BAND BY-LAMNO. S - PACE 4 Severability 13. (a) If any portion of this by-law is found invalid by decision of a Court of competent jurisdiction the invalid portion shall be severed without affect on the remainder of the by-law. (b) Divisions and titles within this by-law are for convenience only and are not to be construed as parts of the by-law. 14 This by-law may be amended by the Chief A, Council of . the Spalluacheen Indian Band by motion made by a member of Council, if such motion is passed; and • a subsequent three.readings of the proposed amendment. The*amendment must be posted at the administration office and a prominent place on Spallumcheen Band Reserves.
THIS BY-LAW NO. 5 IS HEREBY enact ad by the.» Council or the Spallumcheen Band at a duly convened meeting of the Cour.c-- on the • 3rd day of July , 1997. Voting in favour of the By-law are following members of the Council: 1 ÿ \ X A . CHIEF STUART LEE rOUftCILLOR RON CHRISTIAN <c o u n c^ ^ rC<o5 ^ ^ f e l i x // r t s i IÔÜNCÏLLOR ETHEL THOMAS The quorum of the Council is four members. Number of members of the Council present at the .meeting: five I, CHIEF STUART LEE, Chief of the Spallumcheen Band, do hereby certify that a true copy of the foiegoing By-law was mai led to the Minister of Indian Affairs and Northern Development at the District offices pursuant to subsection 82(1) of the I n d ia n A c t , this ilatf^dav of Julv_________ , 1997. £~ if ■Witness J chief stuart lee
Vous allez être redirigé vers la version la plus récente de la loi, qui peut ne pas être la version considérée au moment où le jugement a été rendu.