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BAND COUNCIL RESOLUTION PASSED ON THE 6TH DAY OF APRIL, 1995 BY THE COUNCIL OF THE QUALICUM INDIAN BAND VANCOUVER ISLAND IN THE PROVINCE OF BRITISH COLUMBIA The Council of the Qualicum Indian Band DOES HEREBY RESOLVE at a meeting of the Band Council held on the 6th day of April, 1995 that the following By-Law be made pursuant to Section 81(l)(p), (q) and (r) of the Indian Act R.S.C.: QUALICUM RESERVE TRESPASS BY-LAW, 1995, NO. 1 Def initions♦ 1. In this By-Law, unless the context otherwise requires, the following words and expressions shall have the meanings assigned to them below and other parts of speech or grammatical forms of the same words and expressions shall have corresponding meanings: (a) "Council" means the Council of the Qualicum Indian Band; (b) "officer" means any police officer, police constable or any other person charged with the
duty to preserve and maintain the public peace, and by a By-law enforcement officer or any other person appointed by the Council for the purpose of maintaining law and order on the Reserve pursuant to By-Law No.l relating to Trespass; (c) "Reserve" means the Qualicum Indian Reserve No. 1 that has been set aside by Her Majesty for the exclusive use and benefit of the Qualicum Band; (d) "trespass" means the entry onto, or the presence on, the Reserve by a person without lawful justification. Prohibited Purposes 2. (a) A person, other than a person referred to in subsection (b), who enters on to the Reserve for the purposes of conducting or conducts on the Reserve any of the following activities, namely: (1) hunting, fishing or trapping; (2) hawking or peddling of wares, services or merchandise; (3) loitering; or (4) soliciting financial assistance; shall be deemed to be frequenting the Reserve for a prohibited purpose. 2
(b) Subsection (a) does not apply to a person who ( (2 1 ) ) u is n de a r la a wf B u y l la r w e si o licence to conduct any activity referred to therein or is otherwise permitted to conduct that activity. Removal Of Trespasser 3. (a) An officer may order any person who trespasses on the Reserve or who frequents the Reserve for a prohibited purpose to leave immediately; (b) Where a person who has been ordered to leave the Reserve fails or refuses to do so, an officer may take such reasonable measures as may be necessary to remove the person from the reserve. Offence 4. A person who fails or refuses to comply with an order made under subsection 3(a) to leave the reserve, or who resists or interferes with an officer acting under subsection 3(b), commits an offence. 3d f en t t h e of C ou t n h c e i l R , e se h r o v l e d ; s o a r valid
Penalty 5. A person who commits an offence under this By-law is liable on summary conviction to a fine not exceeding $1,000.00 or to imprisonment for a term not exceeding thirty days or to both. Severability 6. If any part of this By-law is declared or adjudged to be invalid or unenforceable by any court, such invalidity or unenforceability will not effect the validity or enforce ability of any other part of this By-law. Citation 7. This By-Law may be cited for all purposes as the "Qualicum Reserve Trespass By-law, 1995, No. 1". Considered, passed and adopted by the Council of the Qualicum Indian Band at a duly convened meeting held on the 5th day of April, 1995. ,-n -c / .4?, y Councillor G. Michael Recalma Councillor W ✓ illiam R Recalma 4
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