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'> n n r n - V./ v) U WAGMATCOOK BAND COUNCIL By-law No. 1996-01 of the Wagmatcook Band A BY-LAW FOR THE REMOVAL AND PUNISHMENT OF PERSONS TRESPASSING OR FREQUENTING THE RESERVE FOR PROHIBITED PURPOSES WHEREAS the Council of the Wagmatcook Band desires to establish a by-law to provide for the removal and punishment of persons trespassing on the reserve or frequenting the reserve for prohibited purposes; AND WHEREAS the Council of the Wagmatcook Band is empowered to make such by-law, and any matter ancillary thereto pursuant to paragraphs 81 (1) (p), (q) and (r) of the Indian Act: AND WHEREAS it is deemed to be expedient and necessary, for the benefit, comfort and safety of the inhabitants of the Wagmatcook Indian reserve, to provide for the removal and punishment of persons trespassing on the reserve or frequenting the reserve for prohibited purposes; NOW THEREFORE the Council of the Wagmatcook Band hereby makes the following by-law: Short title 1. This by-law may be cited as “By-law Respecting the Removal o f Trespassers on the Wagmatcook Reserve'". Interpretation 2. In this by-law “Council” means the Council of the Wagmatcook Band as defined in the Indian Act: “Minister” means the Minister of Indian Affairs and Northern Development; “officer” means any police officer, police constable or other person charged with the duty to preserve and maintain the public peace, and any person appointed by the Council for the purpose of maintaining law and order on the reserve.
2 “reserve” means the reserve of the Wagmatcook Band and includes the Band’s Reserves No. 1 and Margaree. “trespass” means the entry onto, or the presence on, the reserve by a person without lawful justification. Prohibited Purposes 3. (1) A person, other than a person referred to in subsection (2), who conducts on the reserve any of the following activities, namely: (a) hunting, fishing, or trapping; (b) distributing alcohol, narcotics, prescription drugs, or any other drugs; (c) loitering; (d) soliciting financial assistance; or (e) assaulting Band members, or creating a public disturbance; shall be deemed to be frequenting the reserve for a prohibited purpose. (2) Subsection (1) does not apply to (a) a person who is a lawful resident of the reserve; or (b) a person who, under a by-law of the Council, holds a valid licence to conduct any activity referred to therein or is otherwise permitted to conduct that activity. 4. (1) An officer may order any person who trespasses on the reserve or who frequents the reserve for a prohibited purpose to leave the reserve immediately. (2) 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. (3) No person shall fail or refuse to comply with an order made under subsection (1) to leave the reserve, or shall resist or interfere with an officer acting under subsection (2).
Penalty 5. A person who violates any provision of this by-law commits an offence and 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. THIS BY-LAW IS HEREBY made at a duly convened meeting of the Band Council of the Wagmatcook Band this day of September, 1996. Voting in favour of the by-law are the following members of the Council: being the majority of those members of the Band Council of the Wagmatcook Band present at the aforesaid meeting of the Council. The quorum of the Band Council is 4 members. Number of members of the Band Council present at the meeting: L Chief of the Wagmatcook Band, do hereby c itify that a true copy of the foregoing by-law was mailed to the Minister of Indian Affairs and Northern Development at the Regional office in Amherst, Nova Scotia pursuant to subsection 82 (1) of the Indian Act, this day of 1996. Chief w Witness
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