Contenu de la décision
Enacted May 15, 2025
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Mathias Colomb Cree Nation CURFEW LAW
2025
PREAMBLE
A.
B.
Mathias Colomb Cree Nation wishes to exercise, through this law, its inherent rights of self-governance as well as its by-law powers under s. 81 of the Indian Act, RSC 1985, c 1-5; and
The Council of Mathias Colomb Cree Nation wishes to pass this law, and repeal its predecessors, in the best interests of Mathias Colomb Cree Nation.
NOW THEREFORE the Council of Mathias Colomb Cree Nation enacts as follows: Citation 1. This law may be cited as the Mathias Colomb Cree Nation Curfew Law, 2025. Definitions 2. In this Curfew Law, a. "Council" means the duly elected Council of the Mathias Colomb Cree Nation, and includes the Chief and Councillors.
b. c.
d.
"Curfew Law'' means this law, the Mathias Colomb Cree Nation Curfew Law, 2025. "Exemption Certificate" means the curfew exemption certificate form attached under Schedule "B".
"Mathias Colomb Reserves" means the Pukawatagan Indian Reserve and all other reserves set aside for the benefit of Mathias Colomb Cree Nation, and "Mathias Colomb Reserve" means any of them.
Mathias Colomb Cree Nation Curfew Law, 2025
e.
f.
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"Officer" means a police officer, peace officer, First Nation Safety Officer authorized by Mathias Colomb Cree Nation, or other enforcement officer appointed by Mathias Colomb Cree Nation.
"Winter Games" means the festival normally held by the community of Mathias Colomb Cree Nation during a week in March.
Curfew for Children
3.
4.
No person under the age of 16, after 10:00 p.m. and before 6:00 a.m., from September 1 st to June 30 th , other than during the Winter Games:
a. b.
• loiter in any place on a Mathias Colomb Reserve; or • be in any common or public area on a Mathias Colomb Reserve without being accompanied by his or her parent or guardian, or an adult over the age of 18 appointed by his or her parent or guardian.
No person under the age of 16, after 12:00 a.m. and before 6:00 a.m., from July pt to August 3l5t, and during the Winter Games:
a.
b.
loiter in any place on a Mathias Colomb Reserve; or
be in any common or public area on a Mathias Colomb Reserve without being accompanied by his or her parent or guardian, or an adult over the age of 18 appointed by his or her parent or guardian.
Exceptions and Exemptions
5.
The Council or its authorized designate may exempt any person who is subject to the curfews outlined in Sections 3 and 4 of this Curfew Law by issuing an Exemption Certificate form, attached under Schedule "B" to that person.
a.
b.
c.
An Exemption Certificate may be issued upon written request, signed by the parent or guardian, or other adult responsible for the child or youth, who is the subject to the curfews.
A child who has been issued an Exemption Certificate is responsible for carrying the Exemption Certificate with them at all times when their curfew would otherwise be in effect, and producing it upon demand by an Officer. A child or youth who does not produce their Exemption Certificate for inspection at the time an Officer demands the Exemption Certificate, will not be permitted to rely on the Exemption Certificate as a defence.
An exemption certificate may include such conditions as Council or its authorized designate deems necessary.
Mathias Colomb Cree Nation Curfew Law, 2025
d.
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An Exemption Certificate will expire 12 months after being issued, but may be renewed by the Council or its authorized designate.
Enforcement level 1: Violation
6.
A person found to be in violation of a curfew outlined in Sections 3 or 4 of this Curfew Law will be escorted home by an Officer, and the person and his or her parent(s) or guardian(s) may be warned by the officer.
Enforcement level 2: Tickets
7.
If a person has been found by an Officer to be in violation of a curfew set out in Sections 3 or 4 of this Curfew Law after receiving a warning in accordance with Section 6, an Officer may issue a ticket to the person's parent or guardian specifying a fee in the amount set out in Schedule "A".
a.
b.
A person who has been issued a ticket must pay the ticket fee to the Mathias Colomb Cree Nation within 30 days.
The Mathias Colomb Cree Nation will issue a receipt upon payment.
Enforcement level 3: Offences
8.
9.
If a person has been issued a ticket under Section 7 of this Curfew Law, and has failed to pay the ticket within 30 days, may be charged with an offence for a violation of Section Error! Reference source not found ..
A person is punishable upon summary conviction by a fine of up to $500.00 for a first offence, and up to $1,000.00 or up to 30 days imprisonment, or both, for any further offences.
Apparent Age
10.
An Officer may estimate a person's age based on visual observation and will act accordingly, unless the person produced valid identification to prove otherwise. If an Officer, acting reasonably, deems a person is of an age to be subject to this Curfew Law, will immediately demand the person produce valid identification to confirm the person's age. An Officer who fails to take reasonable steps to determine a person's age will be deemed to have acted unreasonably in their initial observation .
Mathias Colomb Cree Nation Curfew Law, 2025
Schedule
11.
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The Schedules, being the Ticket Fees attached under Schedule "A," and the Exemption Certificate, attached under Schedule "B" form part of this Curfew Law and may be amended by resolution of the Council.
Repeal
12.
All prior curfew laws and resolutions of Mathias Colomb Cree Nation including by-laws are hereby repealed and replaced with this Curfew Law, including without limitation:
a.
b.
c.
d.
By-law no. 2, a by-law to provide for the regulation of the activities of boys and girls actually or apparently under sixteen years of age on the Pukatawagan Indian Reserve, Province of Manitoba, passed on October 13, 1960, and declared to be in force on November 16, 1960;
the Band Council Resolution regarding a curfew, passed on September 17, 1974;
By-law no. 2, a by-law to provide for the regulation of the activities of boys and girls on the Pukatawagan Indian Reserve actually or apparently under 16 years of age, passed on August 19, 1991, effective on October 19, 1991, which superseded the 1960 by-law; and
the Band Council Resolution regarding a curfew and/or regarding the amendment of the curfew by-law, passed on November 23, 1998.
Coming into Force
13.
This Curfew Law comes into force after it is enacted by the Council of Mathias Colomb Cree Nation, on the date it is first published on the Mathias Colomb Cree Nation website, in the First Nations Gazette, or in a newspaper that has general circulation on the Mathias Colomb Reserves, whichever the Council considers appropriate in the circumstances.
Mathias Colomb Cree Nation Curfew Law, 2025
Fee for the ist ticket issued:
Fee for the 2
Fee for the 3
nd
rd
ticket issued:
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SCHEDULE A
TICKET FEES
and subsequent tickets issued:
$50.00
$100.00
$150.00
Mathias Colomb Cree Nation Curfew Law, 2025
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SCHEDULE B
EXEMPTION CERTIFICATE
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____________________ (name of exemption holder) is hereby
exempted from the Mathias Colomb Cree Nation Curfew Law, 2025, subject to the following
conditions (list conditions, if any, otherwise write "none"): _____________
This Exemption Certificate is valid for 12 months, from: _______ to
Signature of Issuing Authority
Date
Mathias Colomb Cree Nation Curfew Law, 2025
- 7 -THIS CURFEW LAW IS HEREBY ENACTED by Council at a duly convened meeting held on the 15th day of May, 2025.
A quorum of Council consists of 5 members of Council.
Councillor Moses Castel Sr. Councillor Steven C. Castel
Councillor Brenda Dumas
b/2b� Councillor Arlene T. Caribou
,4.Councia_llor Sele-::na Casc(?tel _:'.:3,-2 ���' �d- Councillor Connie Constant
Councillor Travis Dumas
Councillor Alma Hart
Mathias Colomb Cree Nation Curfew Law, 2025