Lytton First Nation: Overview of Proposed By-laws by Darwin Hanna, April 6, 2017 Trespass By-law, Noise and Nuisance By-law, Illegal Intoxicants By-law, Community Protection By-law, Dog Control By-law, Waste Management By-law, Enforcement By-law

What is a By-law? First Nations can make their own laws known as by-laws to regulate and control certain activities on reserve. The Indian Act under Section 81 lists some of the circumstances in which Council can make by-laws. Some of the typical things a First Nation will create by-laws for include: Trespassing; Preventing disorderly conduct and nuisances; Residency on reserve; To provide for the health of residents on the reserve; and The observance of law and order

Section 81: Bylaw Powers of Council provide for the health of residents on the reserve; regulation of traffic; observance of law and order; prevention of disorderly conduct and nuisances; the protection against and prevention of trespass by cattle and other domestic animals, the establishment of pounds; the survey and allotment of reserve lands among the members of the band; the construction and regulation of the use of public wells, reservoirs and other water supplies; the control or prohibition of public games, sports, races, athletic contests and other amusements; the regulation of the conduct and activities of hawkers, peddlers or others who enter the reserve to buy, sell or otherwise deal in wares or merchandise;

Section 81 Bylaw Powers of Council the preservation, protection and management of fur-bearing animals, fish and other game on the reserve; the removal and punishment of persons trespassing on the reserve or frequenting the reserve for prohibited purposes; the residence of band members and other persons on the reserve; Ancillary powers matters arising out of or ancillary to the exercise of powers under this section; and Fine for violation: up to $1,000 issue fine not exceeding one thousand dollars or imprisonment for a term not exceeding thirty days, or both, for violation of a by-law.

Notice of By-law Section 86 of the Indian Act requires that every by-law made by a First Nation must be published on a website, in the First Nations Gazette, or in a local newspaper that has general circulation on the reserve, whichever option Council considers appropriate in the circumstances Council must on request by any person, provide to the person a copy of a by-law made by Council A by-law comes into force on the day on which it is first published or on any later day specified in the by-law

Trespass By-law Regulates access to the Reserve and provides for the removal of persons trespassing or posing a threat to the safety and well-being of residents of the Reserve. Trespass means entering or remaining in a premise or on the Reserve without the authorization of an occupier or a Band Council Resolution. Trespass to dig up or disturb Heritage Objects Designate locations: The Council may:  designate locations and lots on the Reserve for “no Trespass” notices; designate locations on the Reserve in which the carrying on of certain activities is permitted or prohibited, including the use of a vehicle or an Off-Road Vehicle. A person who does anything that is considered a prohibited purpose is in trespass: hunting, fishing or trapping; hawking or peddling or wares or merchandise; loitering; and dumping of refuse

Trespass By-law Prohibited purposes do not apply to members, lawful residents and their invitees, a person with authorization from LFN, a lessee and their invitees, a permitee, a person authorized by law, a person travelling by public road through the reserve, a person participating in an authorized activity, or a person on reserve for business or a social reason at the invitation of LFN These groups have a right of access. If Council believes that a person has been convicted of a criminal offence and poses a threat to the safety and well-being of Residents, Council may banish such persons from the Reserve A person in trespass could be fined up to $1,000.00 or imprisoned for up to thirty days, or both

Noise and Nuisance By-law Provides for the peace, quiet, and enjoyment of the community. Cannot make or cause, or permit to be made or caused, any noise within the Reserve which disturbs the peace, quiet, enjoyment, comfort or convenience of any person in the neighborhood or vicinity. Includes: operating music system in a way which would interfere with the peace, quiet and enjoyment of the community. Keeping any animal which would interfere with the peace, quiet and enjoyment of the community. Disturbing the peace before 7:00 am or after 10:00pm through construction related activities.

Noise and Nuisance By-law May apply to Council for a permit to make noise. May perform any work of any emergency nature.  May apply to Council for a permit for a special event. A person making noise or causing nuisance could be fined up to $1,000.00 or imprisoned for up to thirty days, or both

Illegal Intoxicants Bylaw Purpose is to regulate or prohibit the making, sale, barter, supply or manufacture of illegal Intoxicants for the health, safety and welfare of LFN. Illegal Intoxicants are drugs and alcohol. Cannot make any Intoxicant on the Reserve. Cannot sell, distribute or supply any Bootlegged Intoxicant on the Reserve. Cannot be in possession of any Bootlegged Intoxicant on the Reserve.

Community Protection By-law Provides for the protection of the members from dangerous activity including violent crime, bootlegging, drug dealing, exposure to illegal drugs and sexual exploitation and abuse If Council believes that a person on Reserve may pose a threat to the observance of law and order on Reserve, Council may require a Criminal History Information Request Either declaration setting out convictions of designated offences; or consent for criminal record check If a person fails to comply with a Criminal History Information Request, or if Council believes a person poses a significant threat to the safety of Reserve Residents, Council may designate person as a Designated Person for banishment purposes. Must give that person an opportunity to be heard at a Council meeting.

Community Protection: banishment Council may post the name of a Designated Person in a public place and inform resident of the presence of a Designated Person For Designated Persons, Council may issue an order to: Prohibit person from attending specified locations or events on Reserve; Prohibit from being within a certain distance from a particular person; Prohibit from being within a certain distance from children; Limit the duration person may occupy Reserve on a given visit; Evict from housing on reserve; and Banish from residing on Reserve for up to one year. A person violating the By-law could be fined up to $1,000.00 or imprisoned for up to thirty days, or both

Dog Control By-law Prevents uncontrolled ownership, breeding, and running at large of dogs which may be detrimental to the health of the residents on the reserve, and a nuisance to residents. Council will appoint an Animal Control Officer to provide for the administration and enforcement of this By-law. No more than two animals consisting of dogs and/or cats can be kept in any dwelling on a Reserve but does not apply to litters under four months old. Dangerous dogs banned: Staffordshire Bull Terrier, American Staffordshire Terrier, American Pit Bull Terrier, Rottweiler or Mastiff. Must register dog with Animal Control Officer (free) and each dog must have a tag (issued from Band office).

Dog Control By-law: Responsibilities All dogs on the reserve must be immunized and neutered. A dog must be safely tethered, leashed, chained or penned up at all times while outside, unless the dog is within a fenced property or being used by a person for the purpose of chasing a bear from the owner’s property or while fishing Dog owners and a person having the care or control of a dog have responsibilities: E.g. clean up waste, ensure the dog does not become a nuisance by barking, yelping or howling excessively. An Animal Control Officer may impound a dog: found at large on the reserve; who has bitten or attacked a person; or who is in distress due to inhumane or cruel treatment. A person violating the By-law could be fined up to $1,000.00

Waste Management By-law Purpose is for the management of waste on Reserve for the health and safety of members, the prevention of diseases and nuisances and for the overall appearance of the Reserve. Council may appoint a Waste Management Manager who is responsible for the administration of by-law. Occupiers of land or buildings have responsibilities for the containment of garbage including: Provide and maintain containers to hold all garbage accumulated on their premise at any time; Drain and wrap all wet garbage before placing in a container; Ensure that containers are set for collection at proper times and places. Keep the street, sidewalk and boulevard near property free from garbage

Waste Management By-law Cannot throw garbage from Vehicles. Cannot deposit any yard rubbish on a sidewalk or a street. Cannot keep Garbage on Premises. Cannot keep scrap, junk, or vehicles that can no longer be used on property. Must take all reasonable precautions to control the incidence of pests and rats. Cannot dispose of excrement, dirty water, chemicals or waste of any kind except through proper facilities approved by the Waste Management Manager. A person violating the By-law could be fined up to $1,000.

Enforcement By-laws can be enforced through a number of different ways By-laws can be either enforced by the First Nation, or by the Court The Lytton First Nation By-law Enforcement Officer By-law authorizes a By-law Enforcement Officer appointed by Council to enforce by-laws and take whatever action is authorized under the by-law Another way to enforce a by-law is prosecution by the court. S.81(1)(r) of the Indian Act provides for: the imposition on summary conviction of a fine not exceeding one thousand dollars or imprisonment for a term not exceeding thirty days, or both, for violation of a by-law made under this section. Section 81(2) provides: Where any by-law of a band is contravened and a conviction entered, in addition to any other remedy and to any penalty imposed by the by-law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted.