Contenu de la décision
BAND COUNCIL RESOLUTION OGIMAKANUK ENENDAM NOWAD p -j ^ r- p 9 THE COUNCIL OF THE OCIMAHKANUK Algonquins of Pikwakanagan AGENCY Southern District PROVINCE Ontario 'S S DLL) 1 0 IT I i r i ;$0 November a d $ 9 Registry Number 11-99-0105 bAY - KEJICK MONTH - GEESIS DO IIEKEIIY RESOLVE: ENEIIDAMOK WHEREAS, the Council of the Algonquins of Pikwakanagan desires to make a law governing the residence of members and other persons in Pikwakanagan; AND WHEREAS, the Council of the Algonquins of Pikwakanagan is empowered to make such law pursuant to paragraphs 81(a)(p.1), (q) and (r) of the Indian Acts; AND WHEREAS, the Council believes it is the Algonquins inherent right to determine residency with their community; AND WHEREAS, it is considered necessary for the health and welfare of the Algonquins of Pikwakanagan to regulate the residence of members and other persons in Pikwakanagan; AND WHEREAS, consultation has been completed; NOW THEREFORE, the Council of the Algonquins of Pikwakanagan, having duly enacted by-law No. 1997-2 on the 9th day of December 1997, and being a by-law to regulate the residence of members of other person in Pikwakanagan, do hereby repeal that by-law in its entirety and replace it with the attached “Law Governing the Residence of Members and Other Persons within Pikwakanagan. (Councillor - ANIKEH-OGIMAII) (Councillor - ANIKEH-OGIMAII) '(CounclHo^*—*/ÜNIKÏiii-C^îlM Al I) ”* " ( C o u n ^ ^ (Councillor - A N IK E H -O G IM A II) (Councillor - A N IK E H -O G IM A II) (Councillor - A N IK E H -O G IM A II)
Residence of Members & Other Persons in Pikwakanagan Law No. Of the Algonquins of Pikwakanagan A Law Governing the Residence of Members and Other Persons within Pikwakanagan Whereas the Council of the Algonquins of Pikwakanagan desires to make a law governing the residence of members and other persons in Pikwakanagan; And Whereas the Council of the Algonquins of Pikwakanagan is empowered to make such law pursuant to paragraphs 81 (a)(p. I ), (q) and (r) of the Indian Acts; And whereas the Council believes it is the Algonquins inherent right to determine residency with their community; And Whereas it is considered necessary for the health and welfare of the Algonquins of Pikwakanagan to regulate the residence of members and other persons in Pikwakanagan; And Whereas, consultation has been completed; NOW THEREFORE, the Council of the Algonquins of Pikwakanagan, having duly enacted by-law No. 1997-2 on the 9th day of December, 1997, and being a by-law to regulate the residence of members or other persons in Pikwakanagan, do hereby repeal that by-law in its entirety and replace it with the following law: 1. Short Title This law may be cited as the “Residency Law”. 2. Interpretation: In this Law “Applicant” means a person who has submitted an application for permission to be a resident of Pikwakanagan in accordance with Section 5. “Appeal Board” means a group of members, appointed by Band Council Resolution, to sit on and make decision and hear appeals and objections on all Administrative Laws. “Child” includes a child bom in or out of wedlock and a legally adopted child. “Council” means the Council, as defined in the Indian Act, of the Algonquins of Pikwakanagan. "Dependant” means a person under the age of 18 years who has not withdrawn from, or a person 18 years of age or older who is unable by reason of illness or disability to withdraw from, the care and control of his/her parents or his/her legal guardian.
Residence of Members & Other Persons in Pikwakanagan “Dwelling" means any house, apartment, mobile home, or a room located herein, or any similar lodging suitable for habitation or being inhabited. “Member of the Algonquins of Pikwakanagan" means a person whose name appears on the Algonquins of Pikwakanagan Membership Register who is entitled to have his name appear on the Algonquins of PikwakanaganJVlernbership Register pursuant to the Membership Code of the Algonquins of Pikwakanagan. “Officer” means any police officer, police constable or other person charged with the duty to preserve and maintain the public peace, and any law enforcement officer or other person appointed by the Council for the purpose of maintaining law and order in Pikwakanagan. “Pikwakanagan” means the land reserved for the use and benefit of the Algonquins of Pikwakanagan, Indian Reserve #39. “Principle Residence” means the place at which a person resides on a more permanent basis that at any other place at which the person may reside from time to time. “Residency” means to live in a dwelling, otherwise than as a visitor in Pikwakanagan. “Residency Right” means the right to reside in Pikwakanagan under the Law “Spouse” means a person who is married to, or who co-habits with a member in a conjugal relationship outside of marriage, and provides proof of such. In this Law, reference to the masculine includes the feminine, and references to the singular include the plural. 3. Entitlement to Reside in Pikwakanagan 3.1 No person shall reside in lands reserved to the Algonquins of Pikwakanagan except a) A person who is a member of the Algonquins of Pikwakanagan; b) A person to whom permission to reside has been granted pursuant to this by-law, and who has not, since permission has been granted, taken up ordinary residency outside of Pikwakanagan; c) A person who is a dependent of and who resides with a person mentioned in subsections a and b of this section; certified l TR
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Residence of Members & Other Persons in Pikwakanagan 3.2 No person shall be eligible for permission to reside in Pikwakanagan except: a) a spouse of a member of the Algonquins of Pikwakanagan, or b) a person, who would benefit the community through the person’s employment to assist in the revival and promotion of our Algonquin language, culture, society and community values; or c) a spouse of a deceased member of the Algonquins of Pikwakanagan who has lawfully resided in Pikwakanagan with that member immediately prior to the member’s death; and d) has the permission of the Registrar pursuant to section 6, or of the Council pursuant to section 11, to be a resident in Pikwakanagan. 3.3 A person will be deemed to be residing in Pikwakanagan if they live in a dwelling in Pikwakanagan for contiguous a period of time greater than 90 days, or for more than 180 days of any 365 day period. This presumption may be rebutted by presenting proof to the Registrar appointed under this law that the person is only visiting Pikwakanagan, however, whether or not this presumption is rebutted is the sole and unappeablable discretion of the Registrar. 4. Registrar of Residents 4.1 The Registrar shall be appointed by Council by resolution for a term specified in the resolution, and may be removed at any time during this term by Council resolution. 4.2 The Registrar shall not be a member of the Council or the Appeal Board. 4.3 The Registrar shall receive applications and make decisions in accordance with Sections 3 and 6, on behalf of Council. 4.4 The Registrar shall, as necessary and from time to time, set and/or amend the application form for use under this law. 4.5 The Registrar of Residents shall maintain a Residents List, on which is recorded a) the name of each resident; b) whether of not the person is a member of the Algonquins of Pikwakanagan; c) The date on which the person has been granted permission to reside in Pikwakanagan d) The date the person moved into Pikwakanagan e) an indication as to whether each resident is a resident for an indefinite or defined period, and 0 the length ofanyuie fined period of residence. SE ̂ hkewe, a commissioner, etc., Province of Ontario, for Government ot Canada. CERTIFIED Expires October 24, 2001. t r u e COPY
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Residence of Members it Other Persons in Pikwakanagan Application ro bk a Resident Any person, who wishes to reside in Pikwakanagan, must apply in writing, by completing the "Application for Residency" form and submitting it to the Registrar. An "Application for Residency" must be completed to extend any- defined period for which permission was previously granted to be a resident of Pikwakanagan. The completed application form shall be filed with the Registrar of Residents and shall include: a) The name, mailing address, date of birth, marital status, membership of the applicant. b) Excepting dependents, each person requesting to reside in Pikwakanagan must complete an application; c) if the applicant proposes to reside in Pikwakanagan for a limited time, the approximate duration of the proposed residence; d) the location at which the applicant proposes to reside; e) the name of the applicant’s spouse, if any; (If common law, a declaration to that effect must be included signed by both) f) the names of the applicant’s dependent children, if any; and g) any additional information the applicant wishes to provide relating to the considerations listed in subsection 6.2. h) the applicant’s and their spouse, if applicable, signatures i) if a non-member, a Canadian Police Information Check j) the applicant’s means of support k) three character references with phone numbers l) any additional information the applicant wishes to provide for consideration. Incomplete applications forms shall not be accepted. DECISION LYNN LOUISE ASHKEWE, a Commissioner, etc., Frov:nce of Ontario, for Government of Canada. Expires October 24, 2001, Within thirty (30) days after the filing of a properly completed application, the Registrar shall make a decision with respect to the application. In determining whether an application for permission to be a resident of Pikwakanagan should be granted, the Registrar shall take into consideration each of the following: a) whether the applicant has arranged for a place to reside in Pikwakanagan; b) the availability within Pikwakanagan of adequate housing, land and services; c) whether the applicant's residing in Pikwakanagan would be compatible with the culture, society and community and welfare of the members residing in Pikwakanagan; d) whether the applicant is of good moral character;
Residence of Members & Other Persons in Pikwakanagan e) the extent to which the applicant is prepared to commit his personal and economic resources to the welfare and advancement of the community; 0 whether the applicant is or will be employed in Pikwakanagan. g) The applicant has a criminal record. h) And such further and other criteria as are in the best interest of the Algonquins of Pikwakanagan. 6.3 Where the applicant is a member of the Algonquins of Pikwakanagan, the Registrar shall consider only the criteria enumerated in paragraphs 6.2 a) and b). 6.4 Within ten (10) days after the decision, the Registrar shall dispose of the application by a) granting the applicant permission to be a resident of Pikwakanagan for an indefinite period until such time as the applicant ceases to reside in Pikwakanagan; b) granting the applicant permission to be a resident of Pikwakanagan for a defined period; c) extending any defined period for which permission was previously granted to the person by the Council or by the Registrar to be a resident of Pikwakanagan; or d) refusing the application e) referring the application to the Appeal Board for a decision and shall give written notice of his decision to the applicant, incorporating reasons in support of his decision. 6.5 Once a month, the Registrar shall post the Residents List in the Administration Office. 6. 6. Any member applicant whose application is refused under this section may appeal to the Board of Appeal pursuant to Section 11. 7. Reapplication 7.1 Where an application made under Section 5 is refused pursuant to the provisions of Section 6, the Registrar is not required to consider any further application by that person for a period of one ( 1 ) year from the date of the refusal, unless the applicant can show that there has been a material change of circumstance. 8. Enforcement 8.1 An officer may order any person who is residing in Pikwakanagan, who does not have permission, to cease to reside in Pikwakanagan. LYNN LOUISE ASHKEWE, a Commissioner, etc.. Province of Ontario, for Government of Canada. Expires October 24, 2001.
Residence of Members & Other Persons in Pikwakanagan 8.2 Where a person who has been ordered under subsection 8.1 to cease to reside in Pikwakanagan fails or refuses to do so within thirty (30) days after the order is made under subsection 8.1, an officer may issue a further order prohibiting the person from being on or re-entering Pikwakanagan. 8.3 Any person who fails or refuses to comply with an order made under subsection 8.2 commits an offence. 8.4 Any person who assists a person to continue to reside in Pikwakanagan contrary to the order of an officer acting under this law, provided that the person providing the assistance knew, or ought to have known, of the order prior to providing such assistance, commits and offence. 9. Revocation of Permission to Reside 9.1 When a member advises the Registrar that their relationship to a non-member has ended, the Registrar shall automatically revoke the non-members permission to reside in Pikwakanagan. 9.2 On the petition of any ten (10) resident members of the Algonquins of Pikwakanagan, the Council may revoke permission of any person to reside in Pikwakanagan who is referred to in Section 3 if it has been shown that a) the person, while a resident of Pikwakanagan, has been convicted of an indictable offence under the Criminal Code (Canada) for which a pardon has not been granted; or b) The person, within any period of two years while residing in Pikwakanagan, has committed two (2) or more offence under the Criminal Code (Canada), against the person or property of another resident, for which he has been convicted and for which a pardon or pardons have not been granted; or c) That it would be detrimental to the best interest of Pikwakanagan to permit the person to continue to reside in Pikwakanagan. 9.3 A petition shall not be considered under this section in respect of a resident who, at the time of the petition, is under the age of eighteen ( 18) years. 9.4 No revocation of a resident’s permission to reside in Pikwakanagan shall affect the permission of the member spouse and dependent children of that person to continue to reside in Pikwakanagan. 9.5 Chief and Council shall deal with a petition for revocation. LYNN LOUISE ASHKEWE, a Commissioner, etc., Province of Ontario, for Government of Canada. Expires October 24, 2001.
Residence of Members & Other Persons in Pikwakanagan 10. Revoking Residency Rights of Registered Members 10.1 The Council may, on 60 days written notice to a member, convene a general meeting of the Algonquins of Pikwakanagan to consider whether a member should be expelled from Pikwakanagan on the grounds that the member constitutes a serious threat to the life, safety, or physical and/or mental and/or spiritual well-being of any other person residing in Pikwakanagan, or their property. 10.2 A general meeting called under subsection 10.1 shall only be effective if the Council provides 30 days in advance, written notice to the Algonquins of Pikwakanagan membership of the time, place and purpose of the meeting. 10.3 The member whose expulsion as a resident is being considered must be given the opportunity to make submissions and give answers to the general membership before any vote to expel is called. 10.4 A resolution expelling a member from the community shall be effective only if supported by at least three-quarters of the votes cast by the members present at the general meeting convened to consider the expulsion. 10.5 The expulsion of a member as a resident shall not affect the rights of others residing in the household. 10.6 A person who has been expelled from the community shall not be eligible to reapply for residency until the fifth anniversary of their residency rights. 11. Appeal Board Members 11.1 The Council shall appoint members to the Appeal Board, which will consist of members of the Algonquins of Pikwakanagan. An Appeal Board hearing, pursuant to Section 6 and 9 of this law, making recommendations to Council, shall consist of 3 members. 11.2 Any recommendation by the Board Members requires the support of at least two (2) members. 11.3 The Appeal Board Members shall make rules of procedure governing appeals for Chief and Council’s approval, and shall keep records of its proceedings. 11.4 An Appeal Board Member shall not be the Registrar or a member of the Council. . LYNN LOUISE ASHKEWE, a Commissioner, etc., Province of Ontario, for Government of Canada. Expires October 24, 2001,
Residence of Members & Other Persons in Pikwakanagan 12. Appeals 12.1 Within thirty (30) days after the posting of a notice of the Registrar's decision in the Administration Office, the applicant in the case of Section 6, or the affected resident in the case of Section 9, or any member of the Algonquins of Pikwakanagan, may appeal the decision to the Appeal Board by filing a written request with the Registrar of Residents that the Appeal Board to hear the appeal. 12.2 Within thirty (30) days after the filing of the request, the Appeal Board shall conduct a hearing with respect to the appeal. 12.3 At least fourteen (14) days prior to the date of the hearing, the Registrar of Residents shall a) give written notice to the appellant and/or petitioners of the date, time and place of the hearing and shall inform the appellant and/or petitioners that they must appear and make oral or written submissions, or both, at the hearing in support of the case; and b) post in the Administration office a copy of the notice. 12.4 At the hearing, the Appeal Board members shall a) provide the appellant and/or petitioners with an opportunity to present evidence and to make oral or written submissions, or both, in support of the appeal or petition; and b) provide any resident present at the hearing with the opportunity to be heard. 12.5 After it has heard all of the evidence and submissions, the Appeal Board members shall meet in private to consider the appeal. 12.6 In determining whether an appeal should be allowed, the Appeal Board members shall take into consideration the criteria set out in subsections 6.2 and 6.3 in the case of a section 6 appeal and the criteria set out in Section 9 in the case of a petition for revocation. 12.7 The Appeal Board Members shall give written recommendation to the Council. 13. Final Decision 13.1 Any revocation of entitlement of a person to reside in Pikwakanagan shall require quorum of the Council voting in favour of the petition LYNN LOUISE ASHKEWE, a Commissioner, etc., Province of Ontario, for Government of Canada. Expires October 24, 2001.
Residence of Members & Other Persons in Pikwakanagan 13.2 Within twenty (20) days after the Council has received the petition referred to in subsection 12.7, the Council shall dispose of the application by a) granting the applicant permission to be a resident in Pikwakanagan for an indefinite period until such time as the applicant ceases to reside in Pikwakanagan; b) granting the applicant permission to be a resident iri. Pikwakanagan for a defined period; c) extending any defined period for which permission was previously granted to the person by the Council to be a resident in Pikwakanagan; or d) Refusing the application - if refused a Band Council Resolution will be signed and a copy provided to the OPP for enforcement. 13.3. Within five (5) days after disposing of the application, the Council shall post a notice of its decision in the Administration Office. 14. Penalties 14.1 Any person who contravenes any of the provisions of this law commits an offence and is liable on summary conviction to a fine not exceeding one thousand dollars ($1,000) or to imprisonment for a term not exceeding thirty (30) days, or both. This Law Governing the Residence of Members and Other Person within Pikwakanagan is Hereby enacted at a duly convened meeting of the Council of the Algonquins of Pikwakanagan this day of ,1999. LYNN L O ^ ^ f^ lo v e m ^ e T o T to n a d a . ’ Province of Ontario, ^ Expires October 24, 2001.
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