Contenu de la décision
THE KAMLOOPS BAND OF INDIANS ' BY-LAW# T974 - 1 Being a By-Law Respecting the Removal and Punishment of persons Trespassing upon the Reserve or Frequenting the Reserve for Prescribed Purposes. The Council of The Kamloops Band of Indians, pursuant to Sections 81 (p) s and (r) of the Indian Act, enacts as a by-law thereof as follows: 1. This By-Law may be cited as Kamloops Band Trespass By-Law. 2. In this By-Law (a) "Band" means the Kamloops Band of Indians; (b) "Band Council" means the Council of the Kamloops Band of Indians; (c) "reserve" means the Kamloops Indian Reserves Nos. 1, 2, 3, 4, and 5. 3. Where any person, not being a member of the band, has been convicted of trespassing on the reserve under Section 30 of the Indian Act the Band Council may, by resolution, order that person to vacate the reserve and to remain off the reserve. 4. The Band Council may, upon the application in writing of a person against whom an order has been made pursuant to Section 3, by resolution, authorize that person to enter the reserve for such purposes, at such times, and subject to such conditions as the Band Council may prescribe
- 2 in that resolution, But no such authorization shall be deemed to give to that person any right to use, occupy, enter, or possess any land or building in the reserve in the lawful possession of any other person, not to confer any right to the possession or occupation of lands in the reserve. 5. The Band Council may, by resolution, revoke any order made pursuant to Section 3 or any authorization made pursuant to Section 4. 6. All resolutions made pursuant to this by-law shall be consented to by a majorityof the Band Council present at a meeting of the Band Council duly convened. 7. (1) Notice in writing of an older made pursuant to Section 3 shall be served on the person against whom the order is made and such notice may be in Form A of the schedule. (2) Service of the notice required by this Section may be effected upon a person against whom an order is made pursuant to Section 3 by serving a copy of that notice with any adult person residing or working on land or at a building in the reserve used, possessed, occupied, or frequented by the person against whom the order has been made or by posting a copy of that notice in a conspicuous place on any land or building in the reserve used, possessed, occupied, or frequented by that person. (3) A person effecting service of the notice required by this Section upon a person against whom an order has been made pursuant to Section 3 shall complete and swear an affidavit of service and such affidavit may be in Form B of the schedule. 8. (1) Every person, not being a member of the Band, against whom an order has been made pursuant to Section 3 who, without lawful excuse or /3
h \ f - 3 authority, remains on, returns to, or frequents the reserve during any day or part thereof after the expiry of ten days from the date of the service of the notice upon him required by Section 7 is guilty of an offense and is liable on summary conviction to a fine not exceeding one hundred dollars or to imprisonment not exceeding thirty days or to both such fine and imprisonment. (2) Where an accused person is convicted of an offense under sub section (1) the court may authorize Kamloops Band Council to apprehend such person and forthwith take him and his goods to the boundary of the reserve. Approved and passed at a duly convened meeting of the Council of the Kamloops Band of Indians this 22nd day of May, 1974 George Leonard_______________ Chief Richard Jules_________________ Councilor. Richard Seymour_______________ Councilor. Mary Leonard ______________ Councilor. 74
- 4 THE KAMLOOPS BAND OF INDIANS SCHEDULE TO BY-LAW# 1974 - 1 FORM A NOTICE OF AN ORDER TO VACATE THE RESERVE AND TO REMAIN OFF THE RESERVE TO: GREETING: TAKE NOTICE that the Band Council of the Kamloops Band of Indians, did, by resolution dated the_______ day of .................... ,19 ' , consented to by a majority of the Band Council duly convened, order you, the said______ , not being a member of the Band, to vacate thé ........................... reserve and to remain off the said reserve. AND FURTHER TAKE NOTICE if you the said .............................. , not being a member of the Band, without lawful excuse or authority, remain, return, return and remain, or frequent the reserve during any day or part thereof after the expiry of ten days from the date of the service upon you of a copy of this notice that you will be liable, for each such day or part thereof that you remain, return, return and remain, or frequent the reserve, on summary conviction to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding thirty days or to both fine and imprisonment. THE BAND COUNCIL OF THE KAMLOOPS BAND OF INDIANS p e r : _________ ________ A Band Councilor of the Kamloops Band of Indians.
- 5 - FORM B AFFIDAVIT OF SERVICE I,________________ ■» _____________________________ of_____________ ___________________________ ______ , in the Province of_______ ______________ (__________________________________ ), make oath and say as follows: 1. THAT I did serve a true copy of the Notice of an Order to Vacate the Reserve and to Remain off the Reserve, a true copy whereof is now produced and shown to me and marked Exhibit "A" to this my affidavit upon_______________________________, the person named in the said Notice as the person ordered to vacate the reserve and to remain off the reserve by order of the Band Council of the Kamloops Band of Indians, made by resolution of the Band Council dated the 22nd day of May, 1974. 2. THAT I did effect service of a true copy of the said Notice upon the said___________________________________________________________ __ by (a) serving a true copy of the said Notice personally upon the said_____________________________________ OR (b) leaving a true copy of the said Notice with an adult person residing or working on land or at a building in the reserve used, possessed, occupied, or frequented by the said________________________ /6
- 6 OR (c) posting a true copy of the said Notice in a conspicuous place on land or at a building in the reserve used, possessed, occupied, or frequented by the said ___________ THAT I did effect service of a true copy of the said Notice upon the said ______________________________, as aforesaid, on th e _________________________ day of . ______________ , 19 __at the hour of _____________ o'clock in the ’_______________________ noon SWORN BEFORE ME this _______________ day of ________________ 1 9 ___, at ______________________________ in the Province of British Columbia A Commissioner for taking Affidavits in and for the Province of British Columbia.
t ^ ‘ 1 Indian and Northern Affairs Affaires indiennes et du Nord l ** BAND C O U N C IL RESOLUTION R ÉSO LUTIO N DE CONSEIL DE BANDE N O T E : T h . w ord. -F rom our Band F u n d .” “ Capital” or "R even u e” , which e v .r i . the cam ., mu.t «pp.ar in all ro.oluU on . requ«.tin» ‘.«p .n d itu r e . from Band Funds N O T A : L e s mots “ d es tonds do notre bande ••Capital” ou revenu'* selon le cas doivent paraître dans toutes tes résolutions portant sur des même tes fonds d es bandes THE COUNCIL OF THE . LE CONSEIL DE LA BANDE INDIENNE KAMLOOPS INDIAN BAND. d i s t r i c t THOMPSON RIVER DISTRICT. p r o v i n c e BRITISH COLUMBIA. PLACE NOM DE L ’ENDROIT KAMLOOPS. D ATE 2 2 ------------ M A Y .------- - AD 1 9 . 7 4 . _______/ L _ _ __ D A Y - JOUR MONTH - MOIS Y E A R DO HEREBY RESOLVE: DECIDE, P A R LES PRESENTES: AND AGREE that there is a definite need for a BY-LAW respecting the removal and punishment of persons trespassing upon the Reserve or frequenting the Reserve for prescribed purposes. BE IT therefore known that the Council of The Kamloops Indian Band does hereby adopt, as of this date, the attached BY-LAW, being Appendix 1, for such purpose, in accordance with Sections 81 (p) & (r) of the Indian Act. A quorum for this Bande Pour cette bande le quorum eat con s is ts o f f i x é à C ouncil Members Membres du Conseil (Councillor — conseiller) (Councillor — conseiller) (Councillor — conseiller) (Councillor — conseiller) FOR DEPARTMENTAL USE ONLY - R É S ER V É A U M INISTERE 1# Band Fund Code 2. COMPUTER BALANCES - SOLDES D*ORDINATEUR 3. Expenditure Code du com pte de bande A . Capital B . Revenue — R evenu $ $ 6, Recommended — fie commendable 7 Recommending Officer - Recommandé par I A 133 ( 7 - 7 3 1 7 3 3 0 - 2 1 - 0 2 3 - 4 6 6 2 \Chronological No. — Numéro con sécu tif i 9 7 6 / 3 ^ 0 - 2 1 File Reference — N ° de ref. du d o ssier 9 7 6 / 3 - 1 0 - $ _____________9 7 6 / 1 8 - 1 2 _ ___________________ 1 R 90s a Current Capital Balance Solde de capital ^ Committed — En&aüé % / O Current Revenue balance Solde de revenu / / 1 / Committed — Enôafcê $ 4» Authority — Autorité 5 . Source of Funds Indian Act Sec Source des fonds D ép en ses Art. de la L oi sur les _ . «—i R Indiens □ Ca . pital 1— [J 1 R d e venue evenu Approved — Approuvable Date Approving Officer — Approuvé par
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.