El. Tsuu Tina BYLAW

Transcription

1 Tsuu Tina BYLAW El Under the guidance of Almighty God, Our Creator, and as a sovereign Nation; We, the people of Tsuu T'ina Nation, in preservation and continuation of the Tsuu T'ina Nation unique culture, identity, traditions, language and institutions, and with respect to the special relationship to the land and resources, in continued relationship with all First Nations and Canada; Do ordain and establish this bylaw in accordance with our inherent right to governance.

2 Tsuu T'ina Nation Bylaw Number: E l WHEREAS the Tsuu T'ina Nation Chief and Council desire to make a bylaw to provide for the removal and punishment of a person trespassing on Tsuu T'ina lands or premises; AND WHEREAS the Tsuu T'ina Nation is empowered by its inherent right of selfgovernment, and under sections 81(l)(p ), (q) and (r) of the Indian Act; AND WHEREAS it is considered to be expedient and necessary for the benefit, comfort and safety of Tsuu T ina Nation and its residents; NOW THEREFORE the Chief and Council hereby make the following bylaw: Title 1 This bylaw may be cited as the "Trespass Bylaw". Interpretation 2 In this bylaw: [a) CO (d) "Chief and Council means the duly elected Chief and Council of the Tsuu T'ina Nation; "Law Enforcement Officer" means an authorized representative of Tsuu T'ina Nation, and includes a bylaw officer authorized by Chief and Council to give notice to a person not to trespass; "Peace Officer" means a police officer or police constable of the Tsuu T'ina Police Service (Tusguna) or affiliated police service; "premises" means a building, structure, or any lands used in connection with a building or structure for the purposes of: (i) (ii) (iii) (iv) providing parking for vehicles, displaying or storing vehicles, equipment or other chattels, enhancing the appearance or use of a building or structure, or carrying out activities which are ancillary to the activities carried out in or on that building or structure; E 1

3 (e) CO (g) (h) sign means a poster, signboard or other visible item providing notice to a person; "trespass means an unauthorized or uninvited presence on Tsuu T'ina lands or premises; trespasser" means a person who commits trespass under this bylaw; "Tsuu T'ina lands" means those lands designated as reserve lands of the Tsuu T'ina Nation, more generally described as Reserve No Trespass 3 (1) (2) No person may trespass on Tsuu T'ina lands or premises when that person has notice not to trespass. Notice not to trespass shall be given: (c) orally by a Peace Officer or Law Enforcement Officer; in writing by a Peace Officer or Law Enforcement Officer; or by signs visibly displayed: (i) (ii) at entrances providing access to Tsuu T'ina lands; or at other prominent locations on Tsuu T'ina lands. (3) A trespasser shall be considered to have had notice not to trespass: when signs are displayed in accordance with subsection (2)(c); or upon refusal of an order from a Peace Officer or Legal Enforcement Officer under section 5(1) to leave Tsuu T ina lands or premises. Use of a Motor Vehicle 4 When trespass is committed using a motor vehicle, the driver of the motor vehicle is guilty of an offence under this bylaw and is liable to a penalty under section 7. Apprehension and Removal 5 (1) A Peace Officer or Law Enforcement Officer may order a trespasser on Tsuu T'ina lands or premises to leave Tsuu T'ina lands immediately E 1

4 (2) When a trespasser has notice not to trespass, a Peace Officer may: (c) apprehend the trespasser without warrant; issue a notice of appearance requiring the trespasser to appear before a court; or use all reasonable measures, including restraint, physical force or powers of arrest to remove the trespasser from Tsuu T'ina lands. Exceptions (3) When a trespasser has notice not to trespass, a Law Enforcement Officer shall report the incident to a Peace Officer, who may then proceed under section 5(2). (4) A person other than a Peace Officer or Law Enforcement Officer who apprehends a trespasser shall notify and deliver the trespasser to a Peace Officer as soon as possible. 6 (1) This bylaw shall not apply to: (c) a person who under an enacted law, bylaw or duly executed contract is permitted to conduct business or business-related activities on Tsuu T'ina lands; a person who has been invited or granted access to Tsuu T'ina lands by Chief and Council, including under an issued permit or by written authority; or Tsuu T'ina lands designated for business purposes. Offence (2) No proceedings under this bylaw may begin more than six (6) months after the time of the offence. (3) In the case of trespass of a continuing nature, no proceedings may begin more than six (6) months after the last occurrence of the offence. 7 A trespasser with notice not to trespass is guilty of an offence and shall be liable on summary conviction to a fine not exceeding one thousand ($1,000) dollars or imprisonment for a term not exceeding thirty (30) days, or both E 1

5 This Bylaw is hereby made at this duly convened meeting of the Chief and Council of the Tsuu T'ina Nation this /8 day of S e p t e m b e r 2013, by Band Council Resolution. Voting in favour of the Bylaw, as evidenced by signatures, are the following members of the Tsuu T'ina Nation Chief and Council: Chief Roy Whitney-Onespot Councillor Gilbert Crowchild Councillor Regena Crowchild Councillor Brent Dodginghorse Councillor Jerry Simon Councillor Ellery Starlight Councillor Darryl Whitney Councillor Paul Whitney Being the majority of those members of Chief and Council of the Tsuu T ina Nation present at the aforesaid meeting of Council. The quorum of Council is seven (7) members. The number of members of Council present at the meeting: 5

6 TRESPASS BYLAW I, Chief Roy Whitney-Onespot of the Tsuu T ina Nation, do hereby certify that a true copy of the foregoing by-law was delivered to the Minister of Aboriginal Affairs and Northern Development at the Regional office pursuant to subsection 82(1) of the Indian Act, this of September, Chief Roy Whitney-Onespot Witness ÎR.COfJTfZOLLER 6