Partie II - Lois des Premières nations promulguées

l♦I

Indigenous Services Services aux Autochtones Canada Canada BAND COUNCIL RESOLUTION

Chronological number BCR # ~ 0 d. L./ - / 3

File reference number

Note: The words "from our Band Funds" "Caoital" or "Revenue•, whichever Is Iha case, must aooear In all resoiullons reauasllna exoandllure from Band Funds. The Council of the Cash free balance SIKSIKA NATION -~---~----------~--------------l Capital account($) Duly convened meeting date (YYYYMMDD) IP rovincerrerrltory ~ n '1.. Ll .,,, O'S.- 01 Alberta Revenue account ($)

AT A DULY CONVENED Band Council ("Council") meeting of the Siksika Nation (the "Siksika Nation") held on 7 +'1 day of YY} ~ , 202H the Siksika Nation passed the following Band Council Resolution:

WHEREAS the Siksika Nation is a self-governing Nation with the inherent jurisdiction over its lands and members; AND WHEREAS the Chief and Council of the Siksika Nation, as duly elected leaders, are empowered to act on behalf of the members of the Siksika Nation;

AND WHEREAS the Chief and Council of the Siksika Nation desire to establish a by-law to regulating the process to collect victim surcharges and provide support to victims of the Siksika Nation;

AND WHEREAS the Chief and Council of the Siksika Nation is empowered to make such by-law, and any matter ancillary thereto pursuant to paragraphs 8 l(l)(a),(b),(c ),(d), and (p) of the Indian Act;

AND WHEREAS the Chief and Council of the Siksika Nation deem it expedient and in the best interests of the Siksika Nation, and necessary for the benefit, comfort and safety of residents of Siksika Nation reserve lands and for the protection of Siksika Nation reserve lands to make such by-law; and

NOW THEREFORE BE IT RESOLVED THAT the Chief and Council of the Siksika Nation hereby enacts the Siksika Nation Victim Surcharge By-law 202 ~-.21_.

Nloksskalslamlk ?I;:;;;? Owen Cranebear (Counclllor)

T<a lk

,

(Councillor)

Klstsiponlsta Kendall Panther Bone (Councillor)

Strater Crowfoot (Councillor)

Marsha Wolf Collar (Councillor)

Expenditure

Lou Ann Solway (Councillor)

ISC USE ONLY IA uthority IS ource of Funds (Ind/an Act Section) 0 Capital O Revenue

Recommending Officer

Slanature Approving Officer

Slanature INTER 80-005E 2021-08-05 {MK 6639.9778 {00271449;1 )}

Date

Date

Expenditure

Slkoha'lslsla Carlin Black Rabbit (Councillor)

IA uthority IS ource of Funds (Indian Act Section) O Capital O Revenue

Recommending Officer

Sia nature Approving Officer

Sianature

Date

Date Canada

, I . I

SIKSIKA NATION VICTIM SURCHARGE BY-LAW NO. 2024-01

BY-LAW NO. 2024-01 SIKSIKA NATION SIKSIKA NATION VICTIM SURCHARGE BY-LAW BEING A BY-LAW OF THE SIKSIKA NATION WITH A PURPOSE OF ESTABLISHING AND ENFORCING VICTIM SURCHARGES WITHIN THE SIKSIKA NATION RESERVE NO. 146.

WHEREAS the Siksika Nation Reserve #146 has been set apart for the use and benefit of Siksika Nation members and the exclusive use of the Siksika Nation Reserve #146 by Siksika Nation members is an inherent right and an aboriginal treaty right that is recognized and affirmed by Section 35 of the Constitution Act 1982;

AND WHEREAS the Siksika Nation has and continues to exercise their inherent right to self-determination, including the inherent right of self-government, as recognized and affirmed by the Government of Canada, the United Nations Declaration on the Rights of Indigenous Peoples (2021), and Section 35 of the Constitution Act 1982, Schedule B to the Canada Act 1982 (UK), 1982 c. 11 and as protected by Blackfoot Treaty of 1877 (Treaty No. 7).

AND WHEREAS the Siksika Nation affirms its authority to establish a system for governance of its people, its land, and the Siksika Nation as a whole;

AND WHEREAS the Siksika Nation through time immemorial and to this day, has undertaken the observance and enforcement of traditional, customary, and contemporary laws of the Siksika Nation, along with the provision of support and assistance to those who are the victims of breaches of laws, in order to maintain Pomiikapi (peace and harmony);

AND WHEREAS the Siksika Nation continues to strive to ensure that matters related to the observance and enforcement of laws and victim support are carried out in a conscientious, culturally appropriate, respectful, peaceful and prompt manner for the benefit of Siksika Nation its people;

AND WHEREAS the Council of the Siksika Nation has, through its inherent right of self-government, the right to observe and enforce customary law, and to make and enforce laws for the protection of the Nation’s, and its people’s, interests;

AND WHEREAS in addition to its inherent right to self-government pursuant to Section 81 of the Indian Act, R.S.C. 1985, C. 1-5, a Council may make by-laws for any or all of the purposes set out in Section 81(1);

AND WHEREAS Council of the Siksika Nation deems it expedient and in the best interests of the Siksika Nation, and necessary for the benefit, comfort and safety of residents of the Siksika Nation Reserve #146 and for the protection of the Siksika Nation Reserve #146, to make a by-law for the purpose of regulating the process to collect victim surcharges and provide support to victims of

the Siksika Nation for the health and safety of residents and the prevention of nuisance to residents;

NOW THEREFORE, COUNCIL OF THE SIKSIKA NATION, DULY ASSEMBLED, ENACTS AS FOLLOWS: PART I - TITLE, DEFINITIONS AND INTERPRETATION 1. SHORT TITLE 1.1. This By-law may be known as the "Siksika Nation Victim Surcharge By-law". 2. DEFINITIONS 2.1. In this By-law, unless the context otherwise requires: (a) "Aiskapimohiiks" means the Siksika Justice Traditional Dispute Resolution Program, as varied, modified or replaced from time to time;

(b)

(c)

(d)

(e)

(f)

(g)

(h) (i) (j)

(k)

“Band Council Resolution” means a written resolution signed and adopted by a quorum of Council at a duly convened meeting;

“By-law" means this Siksika Nation Victim Surcharge By-law, unless specifically stated otherwise in this By-law;

"Citizen" means a citizen of the Nation under the Siksika Nation Membership Code & Regulations;

“Council" means the Council of Siksika Nation, comprised of the Chief and Councillors, duly elected from time to time in accordance with the Siksika Nation Customary Election Code;

"Court" means a Court of competent jurisdiction in the Province of Alberta, and includes a Tribal Court or any other First Nation or Indigenous Court acting under the inherent jurisdiction of an Indigenous Group;

“Enactment” means a Nation by-law or any enactment that is subsidiary to a Nation by-law;

“fine” includes a specified penalty; “Fund” means the Siksika Victims and Public Safety Fund; “Victim Support Officer” means the individual appointed by Council by way of a Band Council Resolution for the purposes of carrying out the terms of this By-Law;

“Nation” means the Siksika Nation;

(l)

(m)

(n)

(o)

(p)

(q)

“Offence” includes, without limitation: (i) a failure to comply with a restriction, prohibition, requirement, rule, direction, order, provision, term or condition imposed by or under any Enactment of the Nation,

(ii) (iii)

(iv)

conduct that constitutes an offence under, or a violation of an Enactment, conduct that is subject to sanction or punishment under an Enactment, and

any other action, conduct, or violation that is prescribed within this By-law, or within any other Enactment, as being an Offence for the purposes of this By-law;

"Officer" means any police officer, peace officer or other Person charged with the duty to preserve and maintain the public peace, and enforce and carry out the provisions of this By-law or otherwise for maintaining law and order on the Reserve under the following:

(i) Police Act, RS.A 2000, c. P-17, (ii) the Siksika Peace Officer By-Law, No. 2022-01 (iii) Royal Canadian Mounted Police Act, R.S.C., c. R-10, (iv) Security Services and Investigators Act, S.A. 2008, c S-4.7, (v) Peace Officer Act, S.A. 2006, c P-3.5, and (vi) any by-law, regulation or other form of legislation enacted by Council; "Person" includes, but is not limited to, an association, society, corporation, Indigenous Group, or a partnership, or any other entity or individual that the law regards as capable of having rights and duties;

“public safety” means the safety of life, health, culture, tradition, and property, the promotion of which is to ensure the health, comfort, stability, and safety of the residents of the Reserve, and to support and protect a conscientious, respectful, and safe environment for the Nation and its Citizens;

"Reserve" means the Siksika Indian Reserve No. 146, or any lands reserved for the Nation within the meaning of the Indian Act;

“victim” means:

3. 3.1.

3.2.

3.3.

3.4.

3.5.

4. 4.1.

(i)

(ii)

a Citizen, or any association, society, corporation, or partnership that is owned or operated by a Citizen or Citizens, that is injured as a direct result of a Person committing an act or omission that amounts to an Offence,

with respect to grants relating to programs or initiatives intended to assist or support victims or to promote public safety, a Citizen who suffers a loss or injury as the result of a Person committing an act or omission that amounts to an Offence.

PART II – SIKSIKA VICTIMS AND PUBLIC SAFETY FUND SURCHARGE If a person is convicted under any Enactment of an Offence and a fine is imposed in respect of that Offence, a surcharge is payable by that Person in the amount as determined by Council in a Binding Council Resolution made under this Act, and as appended to this Bylaw as Schedule “A.

If a Person is charged with an Offence under any Enactment and has their charge is redirected to Aiskapimohiiks, as part of any decision on sanction or sentence, Aiskapimohiiks may require the Citizen so charged to pay a surcharge into the Fund, in an amount that Aiskapimohiiks deems appropriate in the circumstances, but not to exceed $200.00.

Notwithstanding that a surcharge in subsections 3.1 to 3.2 of this By-law is not a fine, the amount of such a surcharge under these sections may be deemed a fine only for the sole and exclusive purpose of enforcing payment of the surcharge.

Notwithstanding any other Enactment, any payment made by or on behalf of a Person on whom a fine has been imposed in respect of an Offence is to be credited first to payment of the fine until it is fully paid and thereafter towards payment of the surcharge.

Notwithstanding any other Enactment, any payment made towards a surcharge, by or on behalf of a Person who has been convicted under any Enactment of an Offence must be deposited into the Fund.

FUND The following must be deposited into the Fund: (a) money received as payment of a surcharge under this By-law; (b) money received as repayment of a grant under this By-law; and

4.2. 4.3. 5. 5.1.

5.2.

5.3.

(c)

money payable to the Nation under an agreement with the Government of Canada or Government of Alberta respecting assistance to victims that are approved by the Council for deposit in the Fund.

The Council holds and administers the Fund. The income of the Fund accrues to and forms part of the Fund. USE OF FUND The Victim Support Officer may, in accordance with this By-law, make payments from the Fund with respect to, but not necessarily limited to, the following:

(a) (b)

(c)

(d)

(e) (f)

(g)

grants relating to programs that assist or support victims or promote public safety; without limiting the generality of subsection (a), grants relating to programs that provide counselling to vulnerable people who are victims of sexual exploitation or other criminal offences causing physical or mental harm;

programs and initiatives that benefit or reimburse victims or promote public safety;

costs incurred by the Victim Support Officer in carrying out its duties under this By-law;

remuneration and expenses payable to the Victim Support Officer; costs incurred by Aiskapimohiiks in respect of hearing appeals of the Victim Support Officer’s decisions;

remuneration and expenses payable to the members of Aiskapimohiiks in respect of hearing appeals of the Victim Support Officer’s decisions; and

(h) the costs of administering this By-law. The Council may make payments from the Fund with respect to matters not enumerated in subsection 5.1 of this By-law so long as the purpose of such payments is intended to promote, advance, or maintain:

(a)

the safety of human life, human health, the property of the Nation or its Citizens, or the environment on the Reserve; or

(b) the prevention of contraventions being committed on the Reserve. For greater certainty, Council may make payments from the Fund under section 5.2(a) in the event of Nation emergencies, including, but not limited to, facilitating and enforcing pandemic quarantines, facilitating and enforcing emergency curfews, or facilitating or

6. 6.1.

6.2.

6.3.

6.4.

6.5. 6.6.

7. 7.1.

enforcing any other emergency measures that are intended to maintain the safety of human life, human health, the property of the Nation or its Citizens, or the environment on the Reserve.

PART III - GRANTS AND PROGRAMS APPLICATION FOR GRANT In this Part, “Siksika Person” means either a Citizen or any corporation or entity that is either owned by a Citizen, or is an entity or organization that forms part of the Siksika Nation Administration, or is a Related Body of Siksika Nation.

A Siksika Person may apply in a form acceptable to the Victim Support Officer for a grant respecting the following:

(a)

(b)

the development or creation of a program or initiative that benefits Citizens who are victims of crime or promotes public safety on the Reserve; or

the development or creation of a program that consists of services that benefit Citizens who are victims or a class or classes of victims during those victims’ involvement with the Nation’s justice process.

In addition to the information required in any application under subsection 6.2 of this By­law in the form specified for such application, the Siksika Person applying for the grant must provide any other information that may be requested by the Victim Support Officer, subsequent to receiving and reviewing the application.

On receipt of an application in respect of a grant, and subject to the Victim Support Officer requiring any further information from the applicant under subsection 6.3 of this By-law, the Victim Support Officer must determine, in accordance with this By-law, whether the Siksika Person is eligible for the grant and, if so, the amount of the grant, if any.

No Siksika Person shall make a false or misleading statement in an application for a grant. Where a Siksika Person has been found to have intentionally made a false or misleading statement in an application for a grant, the Victim Support Officer may deny the application for the grant.

AGREEMENT The Victim Support Officer may, at any time, require the Siksika Person applying for a grant to enter into a written agreement with respect to the terms and conditions of a grant, reporting on the activities and operations of the program or initiative for which a grant is being paid, and any matter relating to the payment or repayment of a grant.

8. 8.1.

9. 9.1.

9.2.

9.3.

9.4.

9.5.

10. 10.1.

11.

PAYMENT OF GRANT If the Victim Support Officer authorizes the payment of a grant, the grant may, in accordance with the authorization, be paid:

(a) in a lump sum or in instalments; and (b) at the time or times specified by the Victim Support Officer. CONDITIONS OF GRANT A Siksika Person who receives a grant must use the grant: (a) only for the program or initiative as described and the limits set out in the application and authorized by the Victim Support Officer; or

(b)

if the original program or initiative as described and the limits set out in the application is varied and the variation is agreed to by the Siksika Person and by the Victim Support Officer, only for the program or initiative as varied.

If a grant is not used by a Siksika Person in accordance with subsection 9.1 of this By-law the Victim Support Officer may require that the Siksika Person repay the grant in whole or in part to the Fund.

If a grant that was approved is later found out to have been approved on the basis of intentionally false or misleading information or statements made in an application, the Victim Support Officer may require that the Siksika Person who made the application repay the grant in whole or in part to the Fund.

If a Siksika Person does not use all the grant paid to that Siksika Person for the program referred to in subsection 9.1 of this By-law, that Siksika Person must return the unused portion of the grant to the Fund unless otherwise directed by the Victim Support Officer.

Where a Siksika Person is required to repay or return the whole of a grant, or any portion thereof, to the Fund under any of subsections 9.2 to 9.4, interest shall begin to accrue on that amount required to be returned or repaid, from the date so ordered by the Victim Support Officer, at a rate of 21% per annum.

ACCOUNTING FOR THE USE OF GRANT A Siksika Person who receives a grant must, when required by the Victim Support Officer, provide evidence in a form and manner satisfactory to the Victim Support Officer of how the grant was used.

VICTIM SUPPORT OFFICER’S DECISION REGARDING GRANTS

11.1.

11.2.

11.3.

12. 12.1.

12.2.

After making a decision under subsection 6.4 of this By-law, the Victim Support Officer must:

(a)

(b)

provide the Siksika Person who applied for the grant with a copy of the decision and reasons for the decision in writing; and

advise the Siksika Person in writing who applied for the grant that, subject to section 11.3, they may, within fourteen (14) days of receipt of the decision, file a written notice of appeal of the Victim Support Officer’s decision to Council setting out the reasons for the appeal.

Upon receipt of a written notice of appeal pursuant to subsection 11.1 of this By-law: (a) Council shall refer the dispute to Aiskapimohkiiks along with a copy of the notice of appeal, within seven (7) days of receipt of such notice;

(b)

(c)

(d)

Aiskapimohkiiks shall hold a hearing within thirty (30) days following the receipt of the appeal notice from Council;

after hearing from the Siksika Person who applied for the grant and the Victim Support Officer and anyone else having relevant information, Aiskapimohkiiks may confirm or vary the Victim Support Officer's decision; and

Aiskapimohkiiks shall issue its decision in writing to Council, the Victim Support Officer, and the Siksika Person who applied for the grant within fourteen (14) days of the hearing being closed.

For greater certainty, no appeal lies from a decision of the Victim Support Officer to deny a grant application if the reason for denying such an application was as a result of funds not being available from the Fund.

COUNCIL LED PROGRAMS AND INITIATIVES Subject to section 12.2, Council may, upon its own initiative and under its own discretion, use monies from the Fund to directly develop programs, organizations, groups, or any other project that is designed to:

(a) (b)

assist Citizens who are victims of contraventions; promote public safety on the Reserve and for all Citizens regardless of their location; and

(c) prevent contraventions from being committed on the Reserve. In using monies from the Fund, pursuant to section 12.1, Council shall at all times ensure that there remain sufficient monies within the Fund to sustain the continued

12.3.

12.4.

13. 13.1.

13.2.

administration and operating costs of the Fund and By-Law as determined by the Victim Support Officer under section 5.1 of this By-Law.

Any decision of Council to use monies from the Fund pursuant to subsection 12.1 of this By-law shall only be made by way of Band Council Resolution.

Any monies paid out of the Fund under this section shall be reported to the Victim Safety Officer for the purposes of permitting the Victim Safety Officer to record such payments pursuant to subsection 13.2(g) of this By-law.

PART IV - ADMINISTRATION AND ENFORCEMENT VICTIM SUPPORT OFFICER The Victim Support Officer or their designate is responsible for the administration of this By-law.

Without restricting any other power, duty or function granted by this By-law, the duties and functions of the Victim Support Officer include:

(a)

(b) (c)

(d)

(e) (f)

providing victims and their families with general information concerning: (i) the structure and operation of this By-Law and its operations, and (ii) the availability of victim services in relation to Offences of Enactments; establish forms for the purposes of this By-law; in accordance with this By-law, evaluating applications for grants relating to programs or initiatives intended to assist or support Citizens who are victims or to promote public safety;

making information publicly available with respect to programs and services that assist or support victims or promote public safety;

undertaking other duties related to the administration of this By-law; keeping full records and accounts in respect of the following: (i) all applications made and the decisions of the Victim Support Officer in respect to those decisions,

(ii)

all appeals of decisions made by the Victim Support Officer and the results of those appeals,

13.3.

(g)

(iii) (iv)

(v)

(vi)

monies paid into the Fund, and the source of those monies, all payments made to Siksika Persons for grants, including information as to who the payments were made to, the amounts paid, and the dates on which those amounts were paid,

all other payments made from the Fund pursuant to section 5 of this By­law that were not paid out in the form of grants, and