(MUSKODAY INDIAN BAND)

Bylaw # 1 of 2008 Being a bylaw respecting Alcohol Muskoday Alcohol Bylaw

COMMUNITY IMPACT STATEMENT

OBJECTIVES AND REASONS FOR IMPLEMENTING THIS LAW:

Muskoday First Nation (“MFN") Council has fiduciary obligations to the members of the MFN. in relation to the health, safety, morality and general welfare of the membership and when exercising their powers must do so for the good and general benefit of the collective membership.

MFN Council has, among other intrinsic law making powers, the power to enact bylaws for the maintaining of law and order, regulation of alcohol and antisocial, disruptive or unacceptable conduct and activities (“ activities''') on MFN lands.

MFN lands have been frequented by persons who are involved in such prohibited activities.

Muskoday Chief and Councillors (“ Cou”) have received a significant number of complaints of such prohibited activities.

The MFN Council considers the activity and conduct complained of to be undesirable and harmful and destructive to the community and warrants sanctioning.

The MFN Council is of the view that it is in the best interests of the MFN community and its membership that Council initiate this law to address the prohibited activities involving alcohol.

PREAMBLE A. First Nations at the time of Treaty promised and engaged that they would in all respects, obey and abide by the law and maintain peace and good order between each other, and also between themselves and other tribes of Indians, and between themselves and others of Her Majesty’s subjects whether Indians or Whites, now inhabiting or hereafter to inhabit any part of the ceded tracts, and that they would not molest the person or property Page 1 of 9 164.06 Final for consideration hv Memhershin on November 26. 200S of any inhabitant of such ceded tracts, or the property of Her Majesty the Queen, or interfere with or trouble any person passing or travelling through the said tracts or any part thereof; and that they would aid and assist the Officers of Her Majesty in bringing to justice and punishment any Indian offending against the stipulations of treaty or infringing the laws enforced in the country so ceded.

B. MUSKODAY FIRST NATION has, among other law making powers, its inherent power to make laws as contemplated by the undertakings given under Treaty, including the power to enact bylaws pursuant to section 85.1 of the Indian Act (herein the “Act”).

C. Pursuant to s 85.5 (2) a majority of the electors of the Muskoday First Nation voted at a special meeting of the Band called by the Council of the Band for the purpose of considering this by-law, voted their assent to the same and have by their acceptance of this By-law endorsed the community objectives and reasons for implementing this law.

NOW THEREFORE it is hereby enacted pursuant to Section 85.1 of the Indian Act:

TITLE OF BYLAW 1. This Bylaw may be cited as the “ MuskodaAlcohol Bylaw”.

DEFINITIONS 2. In this Bylaw, unless the context otherwise requires: 2.1. "Band" means the Muskoday Band of Indians; 2.2. "Band Council" or “MFN ’ or “Council” means the Chief and Council of the Muskoday First Nation; 2.3. " Bylaw" means this law including any amendment thereto; 2.4. “ Muskoday First Nation" or “MFN' is a reference to the Muskoday Band of Indians; 2.5. " First Nation" means the Muskoday Indian Band as the context requires; 2.6. "Minister" means the Minister of Indian Affairs and Northern Development (“INAC'); 2.7. "person" means any person who is within the boundaries of the Muskoday Reserve; 2.8. “ public place” or “public area” includes an place or area on the Reserve: i) which is not being used as a principle residence or is not designated by the MFN Land Code as a private residence, or

Papa 2 o f 9 Final Nnvamhar lf{. 200ft ii) for which there is neither a Permit under Section 5 nor an Exemption under Section 6. 2.9. " Reserve" , "" or “Muskoday ” means that tract of land the legal Title to which is vested in Her Majesty the Queen that has been set apart for the use and benefits of the Muskoday Indian Band and known as the Muskoday Indian Reserve together with such other lands that are constituted as a Reserve under s.36 of the Indian Act and without limiting the forgoing, includes any lands acquired under Treaty Land Entitlement and/or which lands are subject to the Muskoday Land Code; 2.10. "this law means" a reference to this Bylaw, the Community Impact Statement and the Preamble; 2.11. " Treaty"is a reference to and includes the reference to the Articles of Treaty as recorded by the Honourable Alexander Morris, P.C. in his report entitled the Indians of_ Manitoba NWTincluding the negotiations on which they were based and the information relating thereto, together with the oral history of those regulations as preserved by the Elders of the Muskoday First Nation; 2.12. "intoxicant" includes alcohol, alcoholic, spirituous, vinous, fermented malt or other intoxicating liquor or combination of liquors and mixed liquor a part of which is spirituous, vinous, fermented or otherwise intoxicating and all drinks, drinkable liquids, preparations or mixtures capable of human consumption that are intoxicating 2.13. “ prohibited activity ” for the purpose of this Bylaw shall include, but is not limited, to any activity or conduct which involves or contemplates: i) the sale, barter, supply or manufacture of an intoxicant other than permitted by Section 5 or exempted by Section 6. ii) being intoxicated in a public place or area of the Reserve Any activity or conduct that has as its objective, effect or purpose, the aiding, abetting, assisting, promoting, encouraging or condoning (“aids” or “abets”) a “prohibited activity” is a prohibited activity.

Page 3 of 9 Final November 18, 2008 APPLICATION 3. This Law shall apply to the Muskoday Indian Reserve and all lands subject to the Muskoday Land Code.

PROHIBITION 4. No person shall: 4.1. commit a prohibited activity; 4.2. aid or abet a person committing a prohibited activity; 4.3. condone, participate in or permit a prohibited activity on Reserve lands or lands in which a person holds an interest recognized by the Muskoday Land Code except as maybe permitted by this law. 4.4. Private parties that cause a disturbance to the neighbours/community after the hour of 1:00 a.m. on any given day contravenes this Bylaw.

PERMIT 5. No person, except with a permit authorizing him to do so, may undertake or peruse an activity prohibited under Section 4 of this law.

EXEMPTIONS 6. Section 4 does not apply to: 6.1. Alcohol beverages legally acquired and kept or used for personal consumption in a private residence or the yard immediate adjoining such a private residence; 6.2. prescription drugs which contain alcohol and are prescribed for medical reasons or authorized by Federal or Provincial legislation permitting the possession or use of such alcohol; 6.3. such other activity that has, upon application to the MFN Council, been permitted as set out in a Band Council Resolution.

PARTIES TO AN OFFENCE 7. Any person or groups of persons who assist or abet anyone or any person in a contravention of this law shall be deemed to have committed a violation under this law.

PENALTY 8. Any person who violates any provisions of this law is guilty of an offence and shall be liable on summary conviction to: 8.1 in the case of a prohibited activity involving a sale, barter, supply or manufacture of an intoxicant, to a fine of not more than one thousand dollars or to imprisonment for a term not exceeding six

Page 4 of 9 Final November 2008 months or to both; and 8.2 in the case of a prohibited activity involving intoxication or unlawfully having possession of an intoxicant in a public place or public area, to a fine of not more than one hundred dollars or to imprisonment for a term not exceeding three months or to both.

ENFORCEMENT 9. All penalties and forfeitures incurred under this law or regulations hereto shall be recoverable and enforceable by summary proceedings taken under the provisions of the Criminal Code of relating to summary convictions.

RESTRAINING ORDER 10. Where a person is convicted of an offence under this law, in addition to any other penalty imposed, such contravention may be restrained by a Court at the instance of the MFN Council or by a Band Member with approval of the MFN Council.

PROHIBITION 11. Where this law is contravened and a conviction entered, in addition to any other penalty imposed by this law, the Court may make an order prohibiting the continuation or repetition of the offence by the person convicted.

INJUNCTIONS 12. Where this law is contravened, in addition to any penalty imposed by this law, such contravention may be enjoined on the application of the MFN Council to the appropriate Court.

TREATY 13. This Bylaw is subject to the terms of Treaty No. 6. Nothing in this law or the Regulations shall be construed to interfere, restrict or otherwise impair either directly or indirectly, any Treaty rights or benefits accruing either at law or equity to the Muskoday First Nation or its members. In the application of Treaty No. 6 to this law, the Treaty shall be construed not according to the technical meaning of its words, but in the sense in which it is and has been naturally understood by the Indians, at this time and in the past.

Page 5 of 9 Final November 2008 OTHER LEGISLATION 14. All Federal or Provincial laws which are inconsistent with this law shall, to the extent that such laws are inconsistent with this law or Treaty No. 6 has no application to this law.

ANNEXES 15. A nnex 1 is not part of this Bylaw and is attached for information and notice purposes.

EFFECTIVE DATE 16. This bylaw made as of the 9th day December, 2008.

This bylaw is made pursuant to section 85.1 of the Indian Act of having been approved and passed at a duly convened meeting of the Council of the Muskoday First Nation as of the 9h day of December 2008.

Chief Austin Bear Councilor Barry Brass

Councilor Eldon Crain

Councilor Ernie Dreaver

Muskoday Administrative Purposes: Public Session Held: • June 1, 2006, • September 10, 2008 (approval in principle) Assented to (ratified) by the Electors/Membership: November 26, 2008 Final Reading by Chief and Council: December 9, 2008 Made as of: December 9, 2008 Forwarded to the Minister of INAC: December 9, 2008

Page 6 of 9 Final November 18,2008 I, Chief Austin Bear of the Muskoday First Nation hereby certify the above to be a true and exact copy of the Muskoday Alcohol Bylaw No. 1 of 2008 of The Muskoday First Nation made November 26, 2008.

Dated at the Muskoday Indian Reserve as of December 9, 2008.

Cfnef Austin Bear

Page 7 of 9 Final November 18, 2008 MUSKODAY FIRST NATION (MUSKODAY INDIAN BAND)

Bylaw # 1 of 2008 Being a bylaw respecting Alcohol Muskoday Alcohol Bylaw

AFFIDAVIT DEPOSING TO PROCEDURAL REQUIREMENTS OF SECTION 85.1 OF THE INDIAN ACT

I, Austin Bear Chief of the Muskoday First Nation make oath and say as follows: 1. Special meetings of the Membership of the Muskoday First Nation were held at the Community Hall of the Muskoday Indian Reserve, located in the Band Office complex.

2. Notices of the meeting were posted in accordance to custom practice of the Muskoday First Nation at the following public areas of the Reserve: 2.1 MFN Community Hall 2.2 MFN Store 2.3

3. A letter dated the 25th day of November, 2008 was sent to each of the electorate notifying them of the date, time and place that the meetings were to be held

4. The community meetings of the electorate commenced at 6:30 p.m. and were held for the purposes of reviewing, discussing and ultimately voting on the form and contents of the Muskoday Alcohol Bylaw attached hereto as Exhibit A.

5. The number of electorate in attendance at the meetings was as follows: 5.1. F irst meeting 67______. 5.2. Second meeting 48______. 5.3. Third meeting 94______.

Page 1 o f2 File 164.33 6. A vote was taken at the November 26, 2008, (“Third ”) meeting: 6.1. The number of votes in favor of the Bylaw was £ / . 6.2. The number of votes against was s ZL . 6.2 Electors in attendance 94

SWORN BEFORE ME at the Muskoday First Nation, in the Province of , this 9th day of December, A.D. 2008. Chief Austin Bear, U s * >4 • Muskoday First Nation A Commissioner for Oaths in and for the Province of Saskatchewan. My Commission expires: -zo . ^oi\ OR Being a Solicitor.

Page 2 of 2 File 164.33