Contenu de la décision
Trespass, Prohibited Activities, and Nuisance By-law WHEREAS, Alderville First Nation (" AFN") is a sovereign nat ion as codified in AF N's Chi-Naaknigewin, with rights of self -government affirmed by s. 35 of t he Constitut ian Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, C. 11; AND WHEREAS the AFN Chi-Naaknigewin affirms AFN's inherent right of governance and authority to pass laws with respect to those matters that are integral to AFN as a community; AND WHEREAS the Indian Act provides that the Counci l of AFN has the power to enact laws respect ing: (a) t he observance of law and order; (b) the prevention of t respass, disorderly conduct and nuisances, including matters that, in the opinion of AFN Council, are or could become or cause public nuisances, and the remova l and punishment of persons trespassing or causing disorderly conduct on AFN Lands; and, (c) any matter arising out of or ancillary to the exercise of the aforementioned powers; AND WHEREAS it is considered prudent and necessary for t he benefit, comfort, safety, peace and order of the AFN to provide for t he removal and punishment of persons t respassing on AFN Lands or frequent ing AFN Lands for prohibited purposes and to prevent disorderly conduct and nuisance behaviour on AFN Lands; NOW THEREFORE t he Chief and Counci l of the AFN, pursuant to its aforementioned legislative, inherent and Aboriginal rights, enact the following by-law: PART 1: Tit le 1.01 This enactment may be cited as the "Alderville First Nation Trespass, Prohibited Act ivities, and Nuisance By-law". PART 2: Definit ions 2.01 In this Law: "AFN Lands" means all lands constitut ing t he Alderville First Nat ion reserves No. 37 and 37A in the Province of Ontario (which, for clarity, includes lands for which a Certificate of Possession has been issued), and all lands in the process of being added to AFN reserve lands; "Council" means the Chief and Council of the AFN; "Criminal Code" means the Criminal Code of Canada, R.S.C. 1985, c. C-46, as amended from t ime to t ime;
- 2 - "Disorderly Conduct" means any act, behaviour or condition described in Schedule "A" that disturbs t he peace, quiet or public order on AFN Lands or causes public inconvenience, annoyance or alarm; "E-dbendaazijig" means a person or persons whose name appears on the Mississaugas of Alderville First Nation band list as described in the Indian Act ; "Enforcement Officer" means a police officer of the Ontario Provincial Police or other person appointed or designated by AFN to enforce Laws, regulat ions or conduct on AFN Lands; "Loitering" means to remain in a place without due cause; "Nuisance" means any act, behaviour or condit ion that : (a) endangers the lives, safety, health, property or comfort of the public or of any person; or, {b) materially impairs or obstructs the use and enjoyment of a person's property, otherwise t han by direct physica l interference; and, without limiting the generality of the foregoing, includes the acts, behaviours and condit ions described in Schedule "B", but does not include any act, behaviour or condit ion that is necessary for carrying on any business or other means of livelihood authorized by Council; "Nuisance Part y" means a gathering on AFN Lands which, by reason of the conduct of t he persons in attendance, results in any one or more of the act ivit ies or behaviours listed in Schedule "C"; "Person" means an individual, association, firm, partnership, corporat ion, trust, organizat ion, t rustee, or agent, and t heir heirs, executors, or legal representatives of the person to whom the context can apply according to law; "Premises" means any place within AFN Lands, including, but not limited to, buildings, st ruct ures and vacant lands; "Solicit" means to request, in person, the immediate provision of money or another thing of va lue, regardless of whether considerat ion is offered or provided in return, using spoken, written or printed word, a gesture or other means. PART 3: Application 3.01 This Law applies wit hin all AFN Lands. PART 4: Validity 4.01 If any provision of t his Law, in whole or in part, is declared to be invalid, illegal, unenforceable or of no force and effect, the remaining provisions of t his Law shall cont inue in force and shall be applied and enforced in accordance with its terms to the fullest extent possible under t he law.
. 3 . PART 5: Trespass Definition Of Trespass 5.01 A person who is not acting under any invitation, or right or authority conferred by law, and who without the express permission of Council OR other authority as described in this by-law enters any part or parcel of AFN Lands or any Premises on which entry is prohibited shall be deemed to be t respassing. Prohibition Of Entry 5.02 Entry on AFN Lands or Premises may be prohibited by: (a) notice as defined in sect ion 5.03; or (b) fencing or other enclosure signifying the intention to exclude unauthorized entry. Form Of Notice To Prohibit Entrance 5.03 (1) A notice to prohibit entry under this Law may be given: (a) verbally; ·(b) in writ ing; or, (c) by means of signs posted so that a sign is clearly visible in daylight under normal conditions from t he approach to each ordinary point of access to the Premises or area of AFN Lands to which it applies. A sign for the purposes of t his section shall bear the words "no t respassing" or "carrying on [activity descript ion] is prohibited within [description of area)". (2) For purposes of this Law, a person has notice not to trespass or not to engage in certain activities when he or she has been given notice verbally in person or in writ ing by AFN Counci l, its designated representat ives or an Enforcement Officer, as applicable, or an individual in control or lawful possession of any portion of AFN Lands to refrain from entering or remaining on AFN Lands or Premises. (3) For further clarity, a person who has been given notice not to trespass or not to engage in certain activit ies by any form of not ice in set out in this by-law by AFN Council, its designated representat ives or an Enforcement Officer, as applicable, may not shelter on or around any Premises at t he invitat ion of a holder of a Certificate of Possession, lease or other form of individual interest in AFN Lands. Any notice of trespass provided by or on behalf of AFN Council is enforceable on any and all AFN Lands regardless of any individual interest in such lands or Premises. PART 6: PROHIBITIONS Trespass 6.01 No person shall trespass on AFN Lands or Premises.
- 4-Prohibited Purposes 6.02 (1) No person shall frequent AFN Land or Premises for a prohibited purpose as defined herein whether or not entrance is prohibited on that land. 6.03 (1) A person, other than a person referred to in subsect ion (2), who conducts on AFN Lands any of the following activit ies, namely: (a) hunting, fishing or trapping, except by E-dbendaazijig who have the exclusive right to hunt, fish and t rap on AFN Lands, unless otherwise posted; (b) hawking or peddling of wares or merchandise; (c) loitering or camping without authorizat ion; (d) soliciting; (e) committ ing a nuisance as defined in this by-law; (f) committing an offence under the Criminal Code; (g) disturbing the peace and t ranquility of people lawfully residing on AFN Lands; or, (h) engaging in act ions or activit ies that contravene or are opposed to the culture and t raditions of AFN and its E-dbendaazijig or is disrespectful of, or insulting to, the culture and tradit ions of AFN and its E-dbendaazijig; shall be deemed to be frequenting AFN Lands for a prohibited purpose. (2) Subsection (1) does not apply to a person who, under a Law of AFN or other lawful AFN permit or authority, holds a va lid license to conduct any activity referred to therein or is otherwise permitted to conduct that activity. Disorderiy Conduct 6.04 No person shall engage in, cause, create or permit Disorderly Conduct on AFN Lands without reasonable excuse. This prohibition includes, but is not limited to, all of the acts, behaviours and conditions referred to and/or described in Schedule "A" hereto. For the purposes of th is section, "reasonable excuse" means the violation is inevitable, unavoidable and there was no opportunity to take an alternat ive action that does not contravene this by-law, for example a violat ion arising due to t he sudden onset of an illness. Nuisance 6.05 No person shall cause, create or permit a Nuisance on AFN Lands. This prohibit ion includes, but is not limited to, all of the acts, behaviours and conditions referred to and/or described in Schedule "B" hereto.
. 5 . Nuisance Party 6.06 No person: (a) shall sponsor, conduct, cont inue, host, create, cause, permit or attend a Nuisance Party; or (b) who, individually or jointly w ith others, is an owner, occupier, tenant or who otherwise has rightful possession of or is in possessory control of Premises on AFN Lands shall cause or permit a Nuisance Party on sa id Premises; The prohibit ions in this section include, but are not limited to, all of the acts, behaviours and conditions referred to and/or described in Schedule "C" hereto. Non.compliance with Enforcement Officer 6.07 No person shall prevent, hinder or interfere or attempt to prevent, hinder or interfere with an Enforcement Officer, including refusing to identify themselves when requested to do so by an Enforcement Officer. PART 7: ENFORCEMENT Authority of Enforcen1en1 Officer 7.01 The provisions of this by-law may be enforced by an Enforcement Officer . Powers of an Enforcement Officer 7 .02 An Enforcement Off icer may, (a) at any reasonable t ime, enter upon any AFN Lands or Premises for the purpose of determining whether or not t he provisions of t his by-law have been complied with; (b) order any person who t respasses on AFN Lands, or who frequents AFN Lands for a prohibited purpose, to leave or vacate AFN Lands or Premises immediate ly; (c) order any person sponsoring, conduct ing, continuing, hosting, creating, causing, permitting or attending a Nuisance Party to cease such sponsoring, conducting, cont inuing, host ing, creating, causing, permitt ing or attending of the Nuisance Party, and order every person not an authori zed resident of the Premises to leave such Premises; and (d) w here a person who has been ordered to leave AFN Lands or Premises fails or refuses to do so, take such reasonable measures as is necessary to stop or to prevent or abate the Trespass or to remove t he person from AFN Lands. Enforcement Order 7.03 An order under section 7.02(b) or (c) may be given verbally or in writing and may be served personally on the person to whom it is directed.
. 6 . Offences 7.04 Every person who: (a) violates any provision of this by-law; (b) removes, tears down, damages, defaces or obstructs/covers a sign providing notice under t his by-law; (c) fails to comply with an order, eit her verbally or in writ ing, under section 7.0 above is guilty of an offence; (d) obstructs or impedes the Enforcement Officer in the course of carrying out the officer's duties under this by-law is guilty of an offence. Each Violation a Separate Offence 7.05 Each instance of contravention of this by-law shall constitute a separate offence. Penalties 7.06 The procedure for offences under this by-law shall be t he summary conviction procedures of Part XXVII of t he Criminal Code. 7.07 Where it is determined in a hearing that a person committed an offence under this by-law, he or she is liable to a f ine or imprisonment, or both, in accordance with the provisions of Part XXVII of the Criminal Code. 7.08 All fines levied in prosecut ions under this Part shall become the property of AFN. 7.09 Where a person fa ils or refuses to pay a fine issued under sect ion 7.13, AFN has the authority to set off payment of the fine against any payment of money by AFN to the person and t hat person is liable on summary conviction to an additional fine or to imprisonment, or to both, in accordance with the provisions of Part XXVII of t he Criminal Code. PART 8: GENERAL Severability 8.01 If any provision of this by-law is held to be illegal or invalid by a Court of competent jurisdiction, the provision may be severed and the illegality or invalidity shall not affect t he va lidity of the remainder of t he Law. No liability 8.02 No action lies and no proceeding may be brought against AFN, AFN's Chief or Councillors, board members, committee members, managers, employees, or contractors:
- 7- (a) for any act or failure to act in relat ion to this by-law; (b) for anything said or done or omitted to be said or done by that person in t he performance or intended performance of the person's duty under t his by-law; (c) for the exercise of the person's authority under this by-law, including providing advice, making recommendations, or the failure to provide advice or make recommendat ions under th is by-law; or (d) for any alleged neglect or default in t he performance or intended performance of the person's duty or the exercise of the person's authority under this by-law. Amendment or repeal 8.03 Th is by-law may be amended or repealed in the manner in which it was made. Paramountcy 8.04 In the event of conflict between this by-law and any federal or provincial law, the terms of th is law shall prevail. Effective date 8.05 Th is by-law shall become effective on the date of first publication of notice of enactment in the First Nations Gazette.
- 8-Schedule "A" Acts, Behaviours and Conditions Constituting "Disorderly Conduct" 1. Fighting, brawls or other violence; 2. Making or causing unreasonable noise, including but not limited to noise that interferes with the reasonable enjoyment of neighbours and other lawful users of AFN Lands and any unreasonable noise that is made between the hours of 11:00 p.m. and 7:00 a.m.; 3. Using abusive or obscene language; 4. Using offensive or indecent gestures or displays; 5. Being drunk or otherwise intoxicated; 6. Unlawful sale, furnishing or distribution of alcoholic beverages or controlled or illegal substances; 7. Loitering; 8. Inappropriately using a motor vehicle; 9. Exposing, firing, discharging or threatening to use any gun, pistol, cross bow or other firearm, or using or threatening to use any other article as a weapon, except in defence of life or property; 10. Interfering in any manner with the orderly conduct of commercia l, administrative, educational, recreational, health care, religious or ceremonial activit ies on AFN Lands; or 11. Obstructing an Enforcement Officer in the course of his or her duties. Schedule "B" List of Included Nuisance Acts, Behaviours and Conditions 1. The abandonment of cars, vehicles, recreational vehicles or t railers, equipment, household appliances or furniture or parts of cars, vehicles, household appliances or furniture; 2. The storage of abandoned cars, vehicles, equipment, household appliances or furniture, or parts of cars, vehicles, household appliances or fu rniture; 3. The dumping or storage of t ires, garbage or other refuse except by permit; 4. Any other littering; 5. The burning of t ires, grass, garbage, leaves or other refuse; 6. The discharge of any substance into the air or water;
- 9-7. The discharge of dust, smoke, or similar matter without taking proper precautions to prevent interference with neighbouring properties; 8. Outdoor public urination or defecation; 9. Unreasonable noise, including loud music, people shouting and noise from animals; 10. Shining or projecting outdoor lights directly into the living or sleeping areas of adjacent residences or otherwise so as to interfere with the reasonable enjoyment of neighbouring properties; 11. Soliciting; 12. Unlawful sale, furn ishing or distribution of alcoholic beverages or controlled or illegal substances; or, 13. Carrying open liquor, except while on Premises property either lawfully occupied by the person or as an invited guest of the lawful occupier. Schedule "C" List of Included Nuisance Party Activities and Behaviours 1. Public drunkenness or public intoxication; 2. The unlawful sale, furnish ing or dist ribution of alcoholic beverages or control led or illegal substances; 3. The deposit of refuse on public or private property; 4. Damage to or destruction of public or private property; 5. Pedestrian traffic, vehicular traffic or illegal parking that obst ructs the free flow of t raffic or could interfere with the ability to provide emergency services; 6. Unreasonable noise, including loud music, people shouting and noise from animals; 7. Shining or projecting outdoor lights directly into the living or sleeping areas of adjacent residences or otherwise so as to interfere with the reasonable enjoyment of neighbouring properties 8. Unlawful open burning or fireworks; 9. Public disturbance, including a public brawl or violence; 10. Outdoor public urination or defecation.
Indian and Northern Affaires indiennes Affairs Canada et du Nord Canada COPY File reference no. BAND COUNCIL RESOLUTION -...J)\IY)--- A~-20 2-( - t)O NOTE: The words "from our Band Funds" "capital" or "revenue", whichever is the case, must appear in all resolutions requesting expenditures from Band Funds. Cash free balance Capital account $ The council of the ALDERVILLE FIRST NATION Province Date of duly convened meeting D M Y Revenue account $--------l~1~lo1s-l di o ONTARIO DO HEREBY RESOLVE: WHEREAS, Alderville First Nation ("AFN") is a sovereign nation as codified in AFN's Chi-Naaknigewin, with rights of self-government affirmed by s. 35 of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, C. 11; AND WHEREAS the AFN Chi-Naaknigewin affirms AFN's inherent right of governance and authority to pass laws with respect to those matters that are integral to AFN as a community; AND WHEREAS the Indian Act provides that the Council of AFN has the power to enact laws respecting: a. the observance of law and order; b. the prevention of trespass, disorderly conduct and nuisances, including matters that, in the opinion of AFN Council, are or could become or cause public nuisances, and the removal and punishment of persons trespassing or causing disorderly conduct on AFN Lands; and, c. any matter arising out of or ancillary to the exercise of the aforementioned powers; AND WHEREAS it is considered prudent and necessary for the benefit, comfort, safety, peace and order of the AFN to provide for the removal and punishment of persons trespassing on AFN Lands or frequenting AFN Lands for prohibited purposes and to prevent disorderly conduct and nuisance behaviour on AFN Lands; NOW THEREFORE BE IT RESOLVED THAT: 1.The Chief and Council of Alderville First Nation do hereby declare and certify that the "Alderville First Nation Trespass, Prohibited Activities, and Nuisance By-law" attached as Schedule "A" hereto is hereby enacted, and shall be identified as Alderville First Nation By-law No. 2020-01 2.Alderville First Nation By-law No. 2020-01 shall come into full force and effect upon the earliest publication on the Alderville First Nation website Members' portal or publication in the First Nations Gazette, whichever date comes first. Quorum_ ___T_ hr~e~e ~<3~) ____ ~%-=-===-=~r~::::::~~;;:~=----,-,~~:::_-~-~~_6_-~{~-u_-~ Councillor Wes Marsden Sr Councillor Brian Beave~ FOR DEPARTMENTAL USE ONLY Expenditure Authority Source of funds Expenditure Authority Source of funds (Indian Act Section) (Indian Act Section) Q Capital Q Capital Q Revenue Q Revenue
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