Partie II - Lois des Premières nations promulguées

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ENOCH CREE NATION BYLAW ENFORCEMENT OFFICER and PEACE OFFICER BYLAW# 2024-100-EOPO

"kihiwikwan" (Eagle Feather) P11 At&:b·:,

Preamble Since time immemorial , the Maskekosihk (Enoch Cree Nation) have lived upon these lands, guided by the sacred laws of the Creator. These laws are spiritual in nature, passed down through generations in our oral histories and Creation Stories. They govern how we live, how we care for one another, and how we uphold our responsibilities to Creation .

Our children are sacred gifts for their parents from the Spirit World before entering this realm . They are borrowed from the Creator, entrusted to us with the highest duty of protection , nurturing, and guidance. Their well-being must remain at the center of all that we do as a Nation, for in them lies the future of our people.

When Treaty was made, it was through ceremony that our Okicitawiskewak (Clan Mothers) instructed our men on how to negotiate, ensuring that our agreements would reflect the needs and responsibilities of our people. Our women are life givers, carrying the sacred responsibility of bringing new generations into the world . They have always played an essential role in our governance through the Okicitawiskewak, who provided spiritual direction and raised children and youth to become the leaders who govern the Nation.

Our Kiteyak (Elders) , carrying generations of knowledge and a deep spiritual connection , have always been central to our governance, serving as mentors, advisors and decision-makers. Their key role as educators was passing down the knowledge and experience needed for the Nation to survive , and to pass down the ceremonies given to us from the Creator.

Our Okicitawak (Warrior Societies) have always stood as providers and protectors, reinforcing the roles of our men and ensuring the safety and strength of our people by defending our homes, and upholding the responsibilities given to us by the Creator.

These sacred roles and governing structures have been disrupted by colonial policies such as the Indian Act, which sought to dismantle our way of life and replace it with an ineffective governance model. These policies have harmed our families , removed our children , and attempted to erase our identity as Neh1yawak (Plains-Cree People). However, our laws, our governance, and our responsibilities have never been extinguished. They live within our language, our land, our teachings, our ceremonies, and our people.

Our ceremonies-our Sun Dances and other sacred , closed practices-provide us with the guidance to uphold our responsibilities as leaders, caretakers, and protectors. Our true governance is a way of life, deeply rooted in the land, the wisdom of our Elders , and the spiritual guidance we receive through ceremony.

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If we, as the Enoch Cree Nation, are to fully restore the true governance of our ancestors, we must return to our traditional governing systems. We must restore our Okicitawiskewak, uphold the wisdom of our Kiteyak, and strengthen our Okicitawak. We must return to our ceremonies, remembering that our laws come from the Creator.

Our path forward is to reclaim our rightful place as a self-determined Nation, governing as we always have-through fami ly, ceremony, and the balance of Creation.

DECLARATION OF SOVEREIGNTY

The Enoch Cree Nation asserts its Inherent right to govern our people a right that was granted to us by the Creator since time immemorial, long before the existence of Canada or its provinces or territories; Our Inherent rights have never been extinguished, ceded , nor surrendered , and remain intact through our sacred responsibilities to the Creator, to our lands, and to our people;

Enoch Cree Nation is a proud signatory to Treaty No. 6, affirming our sovereign relationship with the Crown, and upholding the sacred covenants established to ensure our survival , prosperity, and self-determination; Our Treaty was made through the sacred Pipe, which represents our relationship with the Creator, and the spiritual laws we are bound to uphold.

The government of Canada and its provinces sought to destroy our families through genocidal policies such as the Indian Act, Residential School System, the Sixties Scoop, and the modern child welfare system , and the Canadian legal system; These deliberate and systemic acts of interference have inflicted immeasurable harm upon our people, yet our resilience and determination remain unbroken.

The answer to restoring the sovereign nationhood of Enoch Cree Nation lies in rebuilding our home fires-returning our families to their rightful place at the heart of our governance and rebuilding our own traditional governing systems and law-making authority.

Through the creation of our own laws, empowered by our Inherent rights and guided by our traditional laws and governance, Enoch Cree Nation will ensure that no child or family of our Nation is ever again harmed, removed , or interfered with by any foreign government or external authority.

This Declaration of Sovereignty underscores our divine responsibility to uphold our Inherent rights through the establishment of our own Constitution aligned with our laws that govern our sacred Pipe. Guided by our ceremonies we affirm that our sovereignty must be enforced through the development of our own laws and legislation in every sector.

Our Nation stands united and unwavering in the assertion of our sovereignty, for as long as the sun shines , the grass grows, and the rivers flow.

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Our Inherent Rights include, but are not limited to:

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The Right to Self-Governance - The Enoch Cree Nation has the exclusive right to govern ourselves in accordance with our laws, customs , and traditions. The Right to Self-Determination - We alone define our political , economic, social , and cultural structures and institutions. The Right to our Lands and Territories - Our lands, waters, and natural resources are our birthright, and we retain full jurisdiction over them. The Right to Law-Making and Justice - We establish and enforce our own laws based on our traditional governance systems and our inherent authority . The Right to Economic Sovereignty - We have the freedom to develop, regulate , and sustain our own economies for the benefit of our people. The Right to Cultural and Spiritual Well-Being - Our language, ceremonies , and sacred knowledge are protected and preserved for future generations. The Right to Education and Knowledge - We determine how our knowledge is passed down , ensuring our future generations remain strong in their spiritual identity. The Right to International Relationships - We choose how we engage with other Nations, governments , and international bodies . The Right to Protect and Care for Our People - Our governance prioritizes the health , safety, and well-being of our people, including our children, Elders, and future generations.

These Inherent Rights are not privileges given by any foreign government; however, they are recognized through the United Nations Declaration on the Rights of Indigenous Peoples and Section 35 of the Constitution Act 1982 and further affirmed through our Treaty relationship .

Our Inherent Rights were never up for negotiation during Treaty-making and remain fully intact. Any government action that seeks to limit or regulate our Inherent Rights without our free , prior, and informed consent is an infringement on our sovereignty.

This Declaration of Sovereignty stands as an affirmation of our Nation's continued existence, authority, and independence. We are the rightful stewards of our lands and people, and we will continue to assert our sovereignty for the benefit of all generations to come.

Enoch Cree Nation, Sovereign and Free-Now and Forever.

WHEREAS Enoch Cree Nation continues to strive to ensure that matters related to law enforcement is carried out in a conscientious, respectful , peaceful and prompt manner;

AND WHEREAS section 81 (1) of the Indian Act empowers the Council to pass Bylaws to provide for the safety, health and welfare of residents , the protection of property and the observance of law and order on a Reserve, in addition to , matters arising out of or ancillary to the exercise of powers under section 81 (1) of the Indian Act;

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AND WHEREAS Pursuant to Treaty 6 and to its inherent rights, Enoch Cree Nation possesses a right of self-government, which has been recognized and affirmed by the Crown. Making By-laws relating to matters like peace officers and the enforcement of Enoch's other laws is an exercise of Enoch's inherent right of Self-Government;

AND WHEREAS the Council has determined that it is desirable that Bylaw Enforcement Officer and Peace Officer programs be established for the Nation;

AND WHEREAS the Province of Alberta has agreed that Enoch has the authority to employ or engage Peace Officers;

AND WHEREAS the Council deems it expedient and necessary to implement a Bylaw to allow for the appointment of Bylaw Enforcement Officers and Peace Officers through a Band Council Resolution , who shall have the responsibilities outlined in this Bylaw and to regulate the behaviors , actions , omissions and discipline of Bylaw Enforcement Officers and Peace Officer;

AND WHEREAS Nothing in this By-Law shall be construed so as to abrogate or derogate from the Aboriginal and Treaty rights of the Enoch Cree Nation ;

THEREFORE, the Council enacts this Bylaw Enforcement Officer and Peace Officer Bylaw as follows:

1. INTERPRETATION Title 1.1 This Bylaw may be cited as the Bylaw Enforcement Officer and Peace Officer Bylaw. Definitions In this Bylaw, except where otherwise defined:

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"Authorized Provincial Legislation" means the authority delegated to a Peace Officer by a Peace Officer Appointment to enforce the legislation and all regulations listed in Schedule "C".

"Bylaw" means a Bylaw passed by the Council under the authority of the Indian Act. "Bylaw Enforcement Officer" means any Bylaw officer appointed as such by Council and who , in the execution of their duties, is a person employed fo r the preservation and maintenance of the public peace.

"Chief' means Chief of Enoch Cree Nation.

"Council" means the Council of Enoch Cree Nation #135 and #135A. "Day" means, when referenced to document service, a business or working day.

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"Department" means the Nation 's Department of Protective Services and ancillary departments including the Human Resources Department and the Enoch Cree Nation Administration.

"Designated Officer" means an Enoch Cree Nation employee designated to act on behalf of the Nation for any bylaw enforcement matters in relation to land use, or any other matters as assigned by the Nation.

"Indian Act" means Indian Act R.S.C ., 1985, c. 1-5, amended from time to time. "First Responder's Manager" means the Senior Manager of the First Responders Branch under the Peace Officer Act, SA 2006 c. P-3.5, or their designate.

"Manager" means an individual designated as the Manager of Enoch Cree Nation Protective Services department to complete the duties pursuant to section 4.1 of this Bylaw.

"Nation" means Enoch Cree Nation, I. R. #135 and I. R. #135A, the lands set apart by His Majesty the King in right of Canada for the use and benefit of First Nations.

"Neglect of Duty" means a Bylaw Enforcement Officer or Peace Officer meeting any one or more of the following :

a)

b)

failure to perform or carry out their duties according to law,

failure to perform or carry out the duties and responsibilities given to them within the terms of their appointment as a Bylaw Enforcement Officer or Peace Officer.

"Peace Officer" means a person appointed as a Peace Officer for the Nation pursuant to section 7 of the Peace Officer Act, SA 2006 c. P-3. 5.

"Peace Officer Appointment" means the appointment of an individual, in writing , as a Peace Officer.

"Peace Officer Program" means the program for the appointment, management, supervision and discipline of Peace Officers in the Province of Alberta under the Peace Officer Act, SA 2006 c. P-3. 5.

"Property" means any real or personal property which , without limiting the generality of the foregoing , includes land and structure.

"Reserve Lands" means the Nation's Reserve lands as such term is defined in the Indian Act.

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"Supervisor" means the individual appointed to supervise , direct, and manage the performance of the duties of a Bylaw Enforcement Officer or Peace Officer and whom the Bylaw Enforcement Officer or Peace Officer directly reports to.

"Violation Tag" means a Nation issued tag whereby the person alleged to have committed a breach of a provision of a Bylaw is given the opportunity to pay a voluntary penalty to the Nation in lieu of prosecution for an offence.

"Violation Ticket" means a violation ticket, pursuant to a Part 2 Provincial Court summons or a Part 3 offence notice, as defined in the Provincial Offences Procedure Act, R. S.A. 2000, C. P-34.

"Weapons and Equipment" means the weapons or equipment a Peace Officer is authorized pursuant to a Peace Officer Appointment to carry or use while in the performance of a Peace Officers duties.

APPLICATION

This Bylaw applies on the Nation within the Reserve Lands.

Compliance with this Bylaw does not exempt any person from their obligations under other applicable federal or provincial laws, regulations, or Nation Bylaws

JURISDICTION Bylaw Enforcement Officers shall have jurisdiction and authority within the boundaries of the Reserve Lands.

Peace Officers shall also have jurisdiction and authority throughout the territory of Treaty 6, including within the Reserve Lands .

POWERS AND DUTIES The powers and duties of the Manager shall include the following : a) directly oversee the day-to-day activities of the Bylaw Enforcement Officers and Peace Officers appointed under this Bylaw;

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c)

authorize, direct or require Bylaw Enforcement Officers and Peace Officers to carry out any powers, duties, or functions necessary to fulfill their responsibilities for the preservation and maintenance of public peace and public safety;

grant authorization to issue Violation Tags or Violation Tickets under Bylaws enacted by the Nation under section 81 (1) of the Indian Act;

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investigate and respond to any public complaints regarding an alleged code of conduct or Neglect of Duty issue against a Bylaw Enforcement Officer or Peace Officer under this Bylaw;

impose disciplinary, corrective action or operational guidance where it has been determined that there has been a code of conduct or Neglect of Duty issue against' a Bylaw Enforcement Officer or Peace Officer under this Bylaw, included but not limited to, the suspension or termination of the appointment of the Bylaw Enforcement Officer or Peace Officer; and

provide the required field training and operational guidance to Bylaw Enforcement Officers and/or Peace Officers,

ensure that the Bylaw Enforcement Officers and Peace Officers are obtaining history, if any, and conduct wellness background checks on any individuals they may need to deal with , accordingly.

Bylaw Enforcement Officer 4.2 The powers and duties of a Bylaw Enforcement Officer shall include the following:

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to preserve and maintain the public peace and property standards;

to enforce the Bylaws of the Nation which Council authorized or directed the Bylaw Enforcement Officer to enforce within the boundaries of the Reserve Lands;

to respond to and investigate complaints, conduct routine patrols in the Reserve Lands and issue written notices, Violation Tags, or Violation Tickets in accordance with the Department policies and procedures ; and

to exercise all powers, duties, and functions of a Designated Officer of the Nation to conduct any inspections, remedies, or enforcement authorized or required by a Bylaw.

Bylaw Enforcement Officers shall follow the directions of their Supervisor and report to their Supervisor as required in accordance with their authorities and the Department policies and procedures.

Bylaw Enforcement Officers shall follow the Human Resources Department Policy and Procedure manual.

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Bylaw Enforcement Officers are not authorized to carry or use weapons, with the following exceptions:

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a Bylaw Enforcement Officer may utilize, including but not limited to , the following items in the course of their duties:

i) dog repellent spray; and ii) a catch pole or snare pole. a Bylaw Enforcement Officer, who is also a Peace Officer, appointed under the Peace Officer Act, SA 2006 c. P-35, as amended from time to time , may utilize any of their approved weapons in the course of their duties, subject to their individual appointments and any applicable rules , policies or procedures with respect to that appointment.

Peace Officer 4.6 The powers and duties of a Peace Officer shall include the following : a) be responsible for the enforcement of all Bylaws enacted by the Nation unless otherwise specified in a Bylaw or a Band Council Resolution ;

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d) e) f)

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h) i)

conduct fair and consistent enforcement and serve Court documents pursuant to the Authorized Provincial Legislation on their individual Peace Officer Appointments;

issue Violation Tags or Violation Tickets for offences under the Authorized Provincial Legislation on their individual Peace Officer appointments and Bylaws enacted by the Nation;

respond to and investigate public concerns or complaints; conduct proactive and reactive routine patrols of the Reserve Lands; exercise all powers, duties, and functions of a designated Bylaw Enforcement Officer under this Bylaw and Peace Officer to conduct any inspections, remedies, or enforcement authorized in provincial legislation pursuant to the Peace Officers Appointment, the Bylaws and the Indian Act;

assist the Nation's prosecutor, if applicable, in the prosecution of the Bylaws and statutory offenses including appearances in court to provide evidence and service of subpoenas on potential witnesses;

appear in Court to provide evidence as required; preserve and maintain public peace on the Nation;

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carry or use authorized Weapons and Equipment while in the performance of their duties;

follow and comply with the Department Standard Operating Procedures manual ;

report to and carry out the duties and directions of the Manager or the First Responder's Manager; and

respond to and assist respecting incidents in the area as requested by other surrounding law enforcement agencies pursuant to the authority in the Peace Officers Appointment.

Appointment Requirements 4.7 To be eligible for appointment as a Bylaw Enforcement Officer, individuals must provide to the Department:

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a clear criminal record and vulnerable sector check, proof they are a minimum 18 years of age or older, demonstrated commitment of good moral character, proof of adequate training necessary for performing the powers, duties, and functions of a Bylaw Enforcement Officer as determined by the Department in its sole discretion,

shall complete Enoch Cree Nation Cultural Awareness Training ; and,

f) any other requirements specified by the Department. To be eligible for an appointment as a Peace Officer, individuals must meet the qualifications of the Alberta Public Safety and Emergency Services Peace Officer Program - Policy and Procedures manual.

Chief and Council shall designate a Bylaw Enforcement Officer through a Council motion. Once the Council motion set out in section 4.9 has been approved, the Department shall complete a Bylaw Enforcement Officer Appointment in the form attached as Schedule "A" to this Bylaw.

The original copy of the Bylaw Enforcement Officer's Appointment form shall be kept in the Bylaw Enforcement Officer's personnel file held with the Department and a copy shall be provided to the Bylaw Enforcement Officer.

Prior to commencing their duties, a Bylaw Enforcement Officer shall take the official Oath of Office attached as Schedule "B" to this bylaw.

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The original copy of the Bylaw Enforcement Officer's Oath of Office shall be kept in their personnel file held with the Department and a copy shall be provided to the Bylaw Enforcement Officer.

The Department may impose terms and conditions on a Bylaw Enforcement Officer Appointment.

Code of Conduct 4.15 A Bylaw Enforcement Officer or Peace Officer shall not: a) violate any terms and conditions of their Bylaw Enforcement Officer or Peace Officer appointment;

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c)

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violate any code of conduct or policy set out by a department including with respect to human resources ;

violate any Act of the Parl iament of Canada, or any Act of the Legislature of Alberta, or any Regulations made under any such Act, including without limitation, human rights legislation and the Canadian Charter of Rights and Freedoms;

act in a disorderly or inappropriate manner; and act in a manner that would be harmful to the organizational discipline or is likely to discredit the reputation of law enforcement or put the office of a Bylaw Enforcement Officer into disrepute.

Bylaw Enforcement Officers or Peace Officers shall not apply the law differently or exercise authority based on race, ethnicity, religion , sex, gender, physical disability, sexual orientation , marital status, age, genetic characteristics, ancestry , place of origin or other designated category of discrimination under Canadian Human Rights Act, R. S. C. 1985, c. H-6, and any replacements or amendments thereof.

Bylaw Enforcement Officers or Peace Officers shall not withhold or suppress a complaint against, or a report made about a Bylaw Enforcement Officer or Peace Officer.

Bylaw Enforcement Officers or Peace Officers shall not neglect without a lawful excuse, to perform the duties as a Bylaw Enforcement Officer or Peace Officer promptly or diligently.

Bylaw Enforcement Officers or Peace Officers shall not willfully or negligently make or sign a false, misleading, or inaccurate statement in any official document or record .

Bylaw Enforcement Officers or Peace Officers shall not, without lawful excuse, destroy, mutilate, or conceal an official document or record , or alter or erase an entry in an official document or record .

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Bylaw Enforcement Officers and Peace Officers must maintain confidentiality of all private information obtained in their official capacity , except when disclosure is legally required.