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, , ' — 7/C? THE MAKWA SAHGAIEHCAN BAND OF INDIANS By-law 85.1 Intoxicants 1:1986 "* * Being a By-law to provide prohibition of the use of intoxicants on the Makwa Sahgaiehcan Reserves #129, #129A, #129B, #129C WHEREAS Section 85.1 of the Indian Act empowers the Council of a Band of Indians to make a By-law respecting the prohibition of the use of intoxicants on its Resreves; and WHEREAS in the negotiations entered into prior to the signing of the Treaties, both the Commissioners representing Her Majesty the Queen, and the Chiefs representing the Indian Nations, arrived at an understanding that the use of intoxicants would be prohibited on the Reserves being set aside for the use and benefit of the Indian people, as evidenced by oral history and reports of the Commissioners; and WHEREAS according to the terms of the Treaties, the Chiefs representing the Indian people agreed to maintain peace and good order between each other; and WHEREAS by Section 25 of the Constitution Act, 1982, the guarantees in the Charter of Rights and Freedom shall not be construed so as to abrogate or derogate from any Aboriginal, Treaty or other Rights or Freedoms that pertain to the Aboriginal people of Canada; and WHEREAS the Council of the Makwa Sahgaiehcan Band of Indians is desirous of preserving the Treaty Right of maintaing peace and good order between each other, including special measures for the protection of the inhabitants of the Reserves of the Makwa Sahgaiehcan Rand from the presence of intoxicants, by enacting the prohibition of the use of intoxicants on the Reserves, for the safety and welfare of Band Members; and tKK
2 THE MAKWA SAHGAIEHCAN BAND OF INDIANS By-law 85.1 Intoxicants 1:1986 WHEREAS a majority of the electors of the Makwa Sahgaiehcan Band who attended a special meeting of the Makwa Sahgaiehcan Band on June 20, 1986_________, called by the Council of the Band on May 21, 1986.______ , for the purpose of considering the contents of this By-law, consented to the contents of this By-law; NOW THEREFORE, pursuant to Section 85.1 of the. Indian Act, the Council of the Makwa Sahgaiehcan Band of Indians hereby enacts as a By-law thereof as follows: 1. In this By-law (a) "Intoxicants" includes alcohol, alcoholic, spirituous, vinous, fermented malt, or other intoxicating liquor, or a combination of liquors and mixed liquor, a part of which Af is spirituous, vinous, fermented or otherwise intoxicating, and all drinks or drinkable liquids and all preparations Ale or mixtures capable of human consumption that are intoxicating; sx (b) "Intoxication" means the state of being intoxicated by intoxicants, that Is drunkenness or inebriety, or the mental and physical condition inducted by drinking excessive quantities of alcoholic liquors; (c) "Reserve" means all those tracts of land, the legal title of which is vested in Her Majesty, that has been set apart for the use and benefit of the Makwa Sahgaiehcan Band of Indians and known as the Makwa Sahgaiehcan Reserves. 2. No person shall sell, barter, give, supply, make or manufacture intoxicants on any Reserve of the Makwa Sahgaiehcan Band; and every person who, in contravention of any provision of this By-law sells, barters, gives supplies, makes or manufactures intoxicants on any Reserve of the Makwa Sahgaiehcan Band, is guilty of an offence and liable on summary conviction to a fine of not more than One Thousand Dollars or to imprisonment for a term not exceeding six months, or to both.
3 THE MAKWA SAHGAIEHCAN BAND OF INDIANS By-law 85.1 Intoxicants 1:1986 3. No person shall be in a state of intoxication or be in possession of intoxicants on any Reserve of the Makwa Sahgaiehcan Band, and every person who, in contravention of any provision of this By-law is in a state of intoxicaton or is found to be in possession of intoxicants on any Reserve of the Makwa Sahgaiehcan Band is guilty of an offence and liable on summary conviction to a fine of not more than One Hundred Dollars or to imprisonment for a term not exceeding three months, or to both. 4. Notwithstanding Section 3, no offence is committed against this By-law, if such possession is for medicinal purposes, the proof of which lies on the person in possession. 5. Notwithstanding Section 3, no offence is committed against this By-law, if the person in possession is transporting the intoxicant in a sealed and unopened state across a Reserve to a destination beyond the Reserve boundary. Approved at a special meeting of the Electorate of the Makwa Sahgaiehcan Band of Indians this 20th day Qf June_____ , 1986. MOVED BY: __ IN FAVOUR: SECONDED BY OPPOSED: // Be it known that this By-law, entitled "Makwa Sahgaiehcan Band By-law 85.1 Intoxicants" is hereby enacted as By-law No. 1:1986 by the Council of the Makwa Sahgaiehcan Band of Indians at a duly convened meeting of the said Council held on the^t/^ day of > 1986. MOVED BY: f l e ^ X ^ L N FAVOUR: ^ S ' OPPOSED: O
, • THE MAKWA SAHGAIEHCAN BAND OF INDIANS By-law 85.1 Intoxicants 1:1986 Chief Witness t/ Witness 's-// Councillor Witness Councillor Witness >*
SCHEDULE "A" RESOLUTION WHEREAS the Makwa Sahgaiehcan Band electors want to control the use of alcohol on the Reserves of the Makwa Sahgaiehcan Band; BE IT RESOLVED that the majority of the electors of the Makwa Sahgaiehcan Band who voted at a special meeting held on ,i„ns vo. 1986._________, assent or agree to the passage of By-law 85.1 Intoxicants 1:1986, being a By-law to provide for the control of the use of intoxicants on the Makwa Sahgaiehcan Indian Reserves. Moved by: Seconded by: In Favour: Against: a. Acclaimed: V ( /) C■)*) 5 ,K_
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