Contenu de la décision
ITTLE RED RIVER CREE NATION NATURAi, LAW NUMBER 2020-002
TO PROHIBIT TIIF, SALE OF ILLEGAi. DRUGS, BOOTl,EG OF ALCOHOi . AND BA~ISHMEST PRO:\1 RESERVE LANDS.
We as the Little Red River Cree Nation people whom from time of immemorial have Natural Laws that were taught and bestowed un lo us lo learn, lo teach and fo llow until our CJeator deems our existence. These laws arc made from our Seven Sacred Teachings, Respect, Honesty, Humility, 1.ove, Courage, Truth and Wisdom which were passed down by our Ancestors, whom as peoples of the rivers, forests and mountains must abide by. Anyone who resides with in our communities mu.st abide by these laws as welt, us we 1111 cast the same shadow under our Sun.
WHEREAS: the Lillie Red River Cree Xa1ion has and continues to exercise an inherent right to sel f-govemmcnt;
WHEREAS: m addition to their inherent right of self-government, Little Red River Cree Nation has authority under the lndi1m Act to make By. laws,
WHEREAS: the use, possession and selling of illegal drugs, bootleg of alcohol on the Little Red River Cree Nation is causing misery and turmoll amongst the people of tittle Red River Cree Nation und is u major cause of social concerns and problems in the community;
WHF.REAS: the Uulc Red River Cree Nation considers it necessary to undertake measures for the protect ion und safety of Garden River, Fox Lake and John D'or Prairie residents and the sake of our children's children of Little Red River Cree Nation (the ''Objective"');
WHEREAS: the Council of the Little Red River Cree Nation are desirous of declaring in effect a prohibition against the use, sale and possession of illegal drugs and bootlegging of alcohol in Little Red River Cree Nation (subject to exceptions provided herein);
WHEREAS: Subsection 85.1( I )(a) and (c) on the Indian Act authorizes the Council of the l .iule Red River Cree Nation to make such a Ry-law;
AND WHEREAS nothing in this Ry-law shall deem to alter, diminish. derogate or abrogate Treaty number 8, including the spirit and intent of our Treaty Rights and the inherent right as understood by our Elders of Little Red River Cree Nation and other Sovereign Nations residing within the territory of Treaty 8.
NOW, THEREFORE, it is hereby enacted pursuant to Section 85 .1 of the Indian Act:
ITTLE RED RIVER CREE NATION NATURAL LAW NUMBER 2020-002
1.0 SHORT TITLE 1.01 This by-law may be ci1ed as the A Bylaw to Prohibit Sales or Illegal Drugs. Boollcg of Alcohot and Banishemenl from Reserve I.ands.
2.00 ISTERPRET ATIO~ 2.01 In this Ry~Law, a) ·'LRRCN'' means the Little Red River Cree :'-;'at ion Rand; b)' lands" means all of those lands defined as a "Reserve" within the meaning o f the Indian Act. R-S.C. 1985. c~I 5, and set apan for the use and benefit of the Little Red River Cree Nation.
c) ''/l{f!gal Drug.r" means those drugs and substances prohibited or conlrulled under the Controlled Drugs and Subs1ances Act. S.C'. 1996. C 19,
d) "Bootleg~ means alcohol that is bought off-reserve and then resold on Lands, and or manufactured on Lands:
e) "Cuum:if' means the Chief and Council of the Little Red River Cree Nation. 3.00 PROHIBITIONS 3.01 No person shall sell, baner, supply or manu facture an illegal drug and bootleg on the Lands, 3.02 No person shall use or be in possession of an illegal drug and boolleg on the Lands. 3.03 No person shall harbour an individual who has been removed or banished pursuant to this Ry-Law
4.00 EXPECTATIONS 4.01 No person contravenes Section 3.00 of 1h1s By-law where illegal drugs are possessed, used or intended to be used solely for mcdiC'dl purposes upon prescription by a medical doctor 1n accordance with the Controlll.-<l Drugs and Substances Act, S.C. l 996. C. 19 and the Marijuana Medical Access Regulations. S.O,R. 200l l227.
5.00 ENFORCK\1E~T
ITTLE RED RIVER CREE NATION NATURAL LAW NUMBER 2020-002
.5 .01 Every person who fails or refuses to comply with a provision of this Hy-law commits an offence
6.00 PENAi.TV 6.0 I Every person who commits an offence under this By-Law is liable on summary conviction: a) in the case ofan offence under paragraph 3.01 of this By-law, to a fine ofnot more than $1,000.00 or imprisonment of a term not exceeding six months, or to both;
b) in the case of an offence arising out of paragraph 3.02 of this By-law. to a tine of not more than $ I 000.00 or imprisonment of a term not exceeding three months, or to both.
c) in the case ofan offence arising oul of paragraph 3.03 of this By-law. to a fine ofnot more than $1000.00 or imprisonment ofa term not exceeding three months . or to both .
6.02 In addition to the above penalties, every person who commits an offence under the Ry-Law may also be subject to the following sanctions:
a) tenmnation of employment with the Lill le Red River Cree Nation; b) tem1ination or denial of lhe assistance of any kind. including but not limited to social assistance, economic and educational support;
c) denial of housing on the Lands; d) removal of names from the housing list ; e) eviction from housing on the Lands; 0 publication of the names of offenders; g) refusal by the Little Red River Cree Nation and its affiliated or related companies and their agencies to do business with such persons; and
h) removal or banishment from the Lands. 7.00 BAND COUNCIL RESOLUTIONS 7.01 The Council may make Band Council Resolutions respecting any matter that the Council considers necessary or advisable to meet or further the Objectives of this By-Law.
ITTLE RED RIVER CREE NATION '°ATURAL LAW NUMBER 2020-002
IJ.00 DRUG TESTING 8.0 I ln funherance of the Ohjecti\'e of this By-Law, Little Red River Cree Nation may engage in drug testing practices for its employees in certain circumstances, under the Little Red River Cree Nation Illegal Orug Policy for Employees.
9.00 PROCEOURE 9.0 I All sanctions provided for under section 6.02 shall be imposed pursuant to any rules, guidelines, contracts, or other proccdur\!S thal govern the corresponding service or relationship .
9.02 In applying section 9,0 I to corresponding procedural provisions, auenllon should he paid to the severity of the offence, inctuding whether it falls under section 3.01 or 3.02. As an example and for greater certainly, sanctions under section 6.0 2( a) for en offence under section 3 02 shall ~ carried out in accordance with the procc<lurcs in the Linle Red River Cree Nation Illegal Drug Policy for F,mployees. In contrast, an offence under section 3.01 shall be interpreted as just cau5e for immediate termination pursuant to the tem1s ofan employee·~ contracl.
9.03 Any person who ha.~ hccn removed or banished from the Lands pursuant to section 6 02(h) has an automatic right to arpeal that decisrnn.
a) That person must notify the Appeal Committee ofthe1r intention to appeal the banishment decision within twenty (20) days of the decision having been communicated to the banished individual.
b) Within fifteen ( 15) days of notice of the appeal being provided to Appeal Committee, a hearing must be held at which the banished individual shall have the opportunity lo plead lhc1r case. In doing so, the banished individual shall have the opportunity to present evidence relevant to the decision that is being appealed.
c) In making their decision on appeal, the Appeal Committee shall take into account the following factors:
i. The nature and severity of the offence, mcluding whether it wa.-. an offence under section 3.01 , 3.02 or J.03 of this By-Law;
ii. Any attempts made by the individual at rehabilitation, at making reparations, or otherwise attempting to repair any hunn already done or preventing future harm,
iii. The connection of the individual to the community and 1ts members, including whether the individual has any dependents for whom their removal from the community could be detrimental;
11TLF. RED RIVER CREE ~ATION NATURAL LAW NUMBER 2020-002
iv. he extent to which banishment in the specific case contributes lo the objective of this type of sanction, specifically whether banishment of the individual would be in the best interests of the safety and protect ion of the community;
v. Any other consideration that the Appeal Committee deems relevant. d) The Appeal Committee shall communicale their decision on the appeal within ten ( I 0) days of the hearing date.
e) Decisions made by the Appeal Committee are final. f) All hearings conducted by the Appeal Comm,ttcc shall be open to the public. 9 .04 The Appeal Committee shall be constituted of five NON-NATION (5) MEMBERS as follows:
a) The Chief and Council shall appoint one (I) member to the Appeal Commillce from each of the following groups:
i. One elder; ii. One youth; iii. One community member; iv. One member of the council; v. One lawyer or individual with an education in law. b) Whenever an Appeal Commillec member has a conflict ofmtercst in a matter coming before the Appeal Committee, the affected person shaU fully d isclose the nature oflhc inlercsl and withdraw from adjudicating on the matcer.
9.05 Banishment pursuant to section 6 02(h) shall take effect upon the expiry of thirty (30) days after notice of the decision has been communicated to the affected individual. However, if the indi\'idual has appealed the decision, an additional ten ( I 0) days shall be provided after notice of the decision on the appeal has been communicated to the individual. prior to the banishmenl taking elfect.
9.06 Individuals who have been banished pursuant lo section 6.02(h) may apply to the Appeal Commiuee to have the banishment lifted after five (5) years.. Applications shall outlim: the: reasons why the Appeal Committee ought to overturn this decision, including why the individual
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ITTLE RED RIVER CREE NATION ~ATURAL LAW NUMBER 2020-002
is no longer a threat to re-offend and further Jcopard17e the safety and security of the commumty 9.07 The Appeal Committee may use their dis~rction in providing conditions on individuals who have been banished pursuant to section 6.02(h) including allowing the banished individual to temporarily re-enter the lands in specified circumstances such as a funeral, or any other circumstance they see fit.
10.00 MISCELLANEOUS 10.01 Should a coun dctcnmnc that a provision of this Uy-Law is invalid for any reason, the provision shall be seven:d from the Uy-Law, and the validity ofthc rc:.I of this By-Law shall not be affected.
I 0.02 This By-Law comes into force on the day of enactment. I 0.03 The provisions of this Ry-Law apply lo all Lands of lhe Little Red River ,ree Nation. I 0.04 Nothmg m this By-Law shall derogate or ahrug<1le from existing Indigenous Abongma\ or inhcrenl Treaty Rights.
ITTLE RED RIVER CREE NATION NATURAL LAW NUMBER 2020-002
THIS BY-LAW IS HEREBY made al a duly convened mecung o the Ch1efand Council of the Little Red River Cree Nation this ~ day of>--:,--· 20 Zo .
Voting in favour by the members of Little Red River Cree Nation, and Chief and Council
'- Q2o~co COUNCILOR ,\ (
~C!/2). ~-~ ((~()~ l- q-l).c1- ""'-.
~6«« COUNCILOR
-COUNCILOR R/~_/Ld_~) ~ - 0 ~,ff/~/,,) - -
Being the majority of those members of the Council of the Little Red River Cree Nation prcsen1 at the aforesaid meeting of Council.
The Quorum of the Council is six members A number of members of the Council present at 1his meeting _LQ_.
1.&,.,,~-~J,...chiefofthe Little Red River Cree Nation, do hereby certify that the true copy o ef oregoing By-law was mailed to the Minister of Indian Affairs and Northern Development at the Oistriet/Regional/Hall office pursuant to subsection 82( I) of the Indian Act this~.dayo~ ,20I2:!.._2-
(WITNESS)