Contenu de la décision
CANADA Province of Quebec TO WIT I, MAE C. DECQNTIE, residing ât Nepean, Ontario make oath and swear that the paperwriting to which this affidavit is attached is a true copy of a document produced and shown to me and purporting to be the original by-law pursuant to the Indian Act and signed by the Chief and Council of the Carcross/Tagish Band of Indians and dated December 17, 1985 the said copy having been compared by me with the said original document. Sworn to before me at the city of Hull in the Judicial District of Hull this 15th day of April, 1986 Commissioner of the Taking Oaths Pursuant to Section 108(a) of the Indian Act
YUKON TERRITORY DISORDERERLY CONDUCT & NUISANCE BY-LAW The Council of the carcross Tagish Tndian_______ Band of Indians at a meeting held th is 17th day o f Decenber 19 85 hereby enacts by-law number 6 to provide fo r the observance of law and order and fo r the pre vention o f d isorderly conduct and nuisance within the boundaries o f the Carcross lagish Indian Band lands______ • WHEREAS, parpgraphs (c ) , (d), and (r) of Section 81 of the Indian Act empowers the Council o f a Band to make by-law to provide fo r law and order and the prevention o f d isorderly conduct and nuisance and the impostion of a penalty fo r a v io la tio n thereof, and, WHEREAS, i t is deemed necessary to maintain law and order fo r the benefit and wellbeing of the inhabitants of Carcross Tagish Indian Band lands . Now therefore the Coucil o f the Carcross Tagish Indian________ Band o f Indians enacts as a by-law thereof the follow ing: 1. In this by-law: (a) "Council" means the Council as defined in the Indian Act. (b) "Reserve" means the tra c t of land set apart by Her Majesty within the d e fin it io n of the Indian Act, fo r the use and benefit o f the cam-nss Tagish Tnrh-̂ m______ Band of Indians known as the Carcross Tagish Indian Band______________• (c) "Constable" means a person appointed fo r the purpose of maintaining law and' order on the Carcross Tagish___________ Indian Reserve Lands. (d) "Public Place" means and includes any place to which the the public have access as of rig h t or by in v ita tio n express ed or im plied and icludes a vehicle in a public p lace. (e) "Residence" means a build ing or part o f a bu ild ing that is actua lly a bonafide occupied and used by the owner, lessee or tenant so le ly as a private dwelling together with the lands and build ings appertinent thereto that in fa c t are normally and reasonably used as part o f the liv in g accomm odation. 2. No person sha ll cause a disturbance in or near a pub lic p lace. (a) by fig h tin g , screaming, shouting, swearing, s in g in g , or using in su ltin g or obscene language; (b) by being intoxicated with any a lcoh o lic stim ulant o f drug, or (c) by impeding or molesting other persons. 3. No person sha ll expose him self or h erse lf or cause an indecent exhibition in a pub lic place or commit any act in a pub lic which offends against public decency or order. 4. No person sha ll lo it e r in a public place or in any way obstruct persons who are there. 5. No person shall d isturb the peace and quiet o f the occupants o f a dwelling house by discharging fire-arm s, shouting, swearing or using in su ltin g or abscene language or by other d isorderly con duct in or near a dwelling house.
^
6. No person shall w ithin lawful excuse, the proof of which l ie s upon him prowl or lo ite r by day or by night upon or near the premises of another person without the occupants permission e ither expressed or im plied. 7. No person shall comsume liq u o r in a public place. 8. No person under the age of nineteen years, shall comsume, pur chase or attempt to purchase or otherwise obtain liq u o r. 9. (1) When a constable finds a person who, in his opinion is in an intoxicated condition in a public pi ace,hthe constable may, instead of charging the person under th is by-law, take the person into custody to be dealt with in accord ance with th is section. (2) A person placed in custody pursuant to th is section may be released from custody at any time, i f in the opinion of the person responsible fo r his custody, (a) the person in custody has recovered s u ff ic ie n t cap acity that, i f released, he is unlikely to cause in jury to him self or be a danger, nuisance or d is turbance to others, or (b) a person capable of doing so undertakes to take care o f the person in custody upon his release. (3) A person taken into custody pursuant to his section shall not be held in custody fo r more than twenty-four hours a fte r being taken into custody. (4) No action lie s against a peace o f f ic e r or other person fo r anything done in good fa ith without negligence with re spect to the apprehension, custody or release of a person pursuant to th is section. 10. No person shall supply liq u o r to any person who is under the age of nineteen years. 11. Public drinking: For the purpose of th is by-law public place does not include: (a) a residence (b) such other places as prescribed by the Council fo r a special occasions. 12. A Constable who has reasonable grounds fo r believing and does believe that any liq u or is being unlawfully kept may search (a) A veh ic le , boat or conveyance of any d isc rip tio n . (b) Any person found in a veh ic le , boat or conveyance of any d is c r ip t i on. (c) The land in the v ic in ity of the veh ic le , boat or convey ance that is being searched. 13. The Constable shall have the power and authority to arreat any person who v io lates any of the provisions of th is by-law. 14. No person shall re s is t or w ilfu lly obstruct a Constable in the execution of his duty or any person law fu lly acting in aiding such a o ff ic e r .
15. No person sh a ll omit without reasonable excuse to a s s is t a Con stable in the execution of his duty in arresting a person or in preserving the peace a fte r having reasonable notice that he is required to do so. 16. Any person who vio lates any provision of th is by-law shall be g u ilty o f an offence and shall be lia b le to a summary convict ion to a fin e not exceeding $100.00 or imprisonment fo r a term not exceeding 30 days or both fine and imprisonment. Approved and passed at a duly convened meeting of the Council of the Carrmss Tapigh TnHian Band of Indians th is i 7t-,h day of Dprpmhpr ____ » 19 85 » The quorum fo r th is band consists of Chief and 3 Council members. COUNCILORS ' I» rwf ç^nlPy Tampc_____________, Chief of Carcross Tagish Indian Band Band of Indians, do hereby c e rt ify that a true copy o f the foregoing by-law was forwarded to the M inister of Indian A ffa irs and Northern Development purauant to Section 82, sub-section (1) o f the Indian Act ___ 17th________ Day Of December_____ * 19 85___ • 'WITNESS CHIEF
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.