Contenu de la décision
THE LIARD RIVER INDIAN BAND BY-LAW #4-1990 X BY LAW TO REGULATE THE ACTIVITIES OF CHILDREN ON THE INDIAN RESERVE UNDER SIXTEEN YEARS OF AGE. WHEREAS section 81 (c), (d), (q) and (r) of the Indian Act empowers the Council of an Indian Band to enact by-laws to regulate law and order, disorderly conduct and nuisances, and matters ancillary thereto, and the imposition of a penalty for the violation thereof; AND WHEREAS the Council of the Liard River Indian Band deems it necessary to regulate the activities of children under sixteen years of age on Liard Indian Reserve #3; NOW THEREFORE the Council of the Liard River Indian Band enacts as follows: 1. (a) "child" means any individual under the age of 16 years; (b) "Council" means the council, as defined in the Indian Act, of the Liard River Indian Band;
(c) "Deputy Chief and Council" means the Deputy Chief and Council of Liard Indian Reserve #3 as appointed or elected from time to time in accordance with the custom of the Liard River Indian Band; t (d) "parent" includes the father, mother or guardian of a child; (e) "prohibited hours" means and includes that period of time between the hour of 10 o’clock in the afternoon of one day and the hour of 6 o’clock in the morning the following day, local time, during the full calendar months of the year; and, (f) "Reserve" means that tract of land the legal title to which is vested in Her Majesty that has been set apart by Her Majesty for the use and benefit of the Liard River Indian Band and which is known as Liard Indian Reserve No. 3. 2. No child shall loiter within the Reserve during the prohibited hours. 3. No child shall go to or from, or be in, a place of public entertainment, street, lane, by-way, or common, within the Reserve during the prohibited hours unless accompanied by a parent or an adult appointed by a parent for that purpose. 4. (1) A child found violating the provisions of this by-law may be warned and escorted home by a Band Constable, Band Social Worker or a by-law enforcement officer, o ra peace officer, or such other person appointed by resolution of the Council to enforce this by-law.
(2) A Band Constable or Band Social Worker or a by-law enforcement officer, or a peace officer, or such other persons appointed by resolution of the Council to enforce this by-law may apply subsection 4(1 ) of this by-law in respect to any person believed to be under the afge of 16 years. 5. (1 ) If, after the warning referred to in subsection 4(1 ) of this by-law, the warning is disregarded or the child is found disobeying this by-law again, the parents of such child may be directed, by resolution of the Council, to meet and discuss the situation with the Deputy Chief and Council of the Reserve. (2) A copy of the resolution of the Council referred to in subsection 5(1 ) shall be sent by first class mail or delivered by hand to the parent not less than 7 clear days prior to the proposed meeting. 6. A parent who permits a child to violate any of the provisions of this by-law shall be guilty of an offence, and shall be liable on summary conviction to a fine not exceeding one hundred dollars or imprisonment for a term not exceeding thirty days or both fine and imprisonment. Approved and passed at a duly convened meeting of the Council of the Liard River'fndian^BarKj this 1 8 * day of A p r i l 1990. SIGNED:
Councillor Councillor I
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