NCN Community Protection Law Survey 2024
Please review each of the COMMUNITY PROTECTION LAW & PEACEKEEPERS TRIBUNAL LAW OVERVIEWS and then answer each of the 9 questions below.
OK
1.
BANISHMENTS
A person can be banished from NCN Lands if they:
• pose a significant threat to the health, safety or wellbeing of NCN or a person living on or visiting NCN Lands;
• engage in human trafficking, harbouring or other criminal activity;
• refuse to comply with NCN Laws.
Chief and Council issue two types of banishment orders:
• Conditional Order–the banishment will be suspended if the person enters into a Tapitowinikewin Agreement and complies with the conditions.
• Banishment Order–the person will be banished from NCN Lands for a minimum of 5 years from the date of banishment or release from jail.
The Peacekeepers Tribunal will:
• Monitor Tapitowinikewin Agreements to ensure the conditions are being met;
• Consider applications from a person after 5 years to ensure they have made improvements to live a good life (Mithopematisiwin) – factors are in the PKT Regulations.
Should a person have to wait 5 years to be able to apply to the Peacekeepers Tribunal?
Yes
No
2.
If no, then how long should they have to wait before they can apply to the Peacekeepers Tribunal to request the banishment order be changed or cancelled?
1 Year
2 Years
3 Years
4 years
Other (please specify)
3.
CURRENT LIMITS
The daily alcohol limits for each person are one of the following:
• 24 cans or bottles of beer or coolers not exceeding 355 ml each
• 17 cans or bottles of beer or coolers not exceeding 500 ml each
• 11 cans or bottles of beer or coolers not exceeding 750 ml each
• 4 growlers of craft beer not exceeding 1.89 litres each
• 9 howlers of craft beer not exceeding 946 ml each
• 1 litre of liquor such as rye, vodka or rum
• 4 litres of wine
NOTE: No Westminster sherry is allowed onto NCN Lands or adjacent to NCN Lands.
Cannabis limits are those set by federal or provincial law (currently 28 grams in a sealed package).
Alcohol or cannabis will be seized and disposed of if a person is over the limits in the regulation.
A ticket is supposed to be issued for any violations of the Community Protection Law or other NCN Laws and the amount of the fine will depend on the violation and if the person is a repeat offender.
The RCMP will be contacted about any illegal drugs or weapons.
What should the consequences be if a person violates NCN Laws by being over the limits?
4.
FINES AND TICKETS
The maximum penalties under the Land Code, the Community Protection Law and The Offences and Tickets Enforcement Law are fines of $5,000 for each violation.
Tickets must be issued within 90 days of the violation.
A person has 30 days from the date of the ticket to pay the fine, enter into an agreement for payment or community service or file a notice of appeal.
The Peacekeepers Tribunal will hear ticket appeals until the Nisichawayasi Court begins operations.
The Pre-set Fines range from $250.00 to $5000.00 with most CPL fines being $500 except providing alcohol, cannabis or other drugs to minors will be $750.00.
Gang activity, harbouring, human trafficking, illegal drug activity will be $5,000.00.
Should there be penalties if a person violates an NCN Law?
Yes
No
5.
Should NCN Justice continue using Community Service Agreements?
Yes
No
6.
Should fines continue to be an option?
Yes
No
7.
Is the current range of fines okay?
Yes
No
8.
PERMITS
Permits were suspended/cancelled by Chief and Council in the fall of 2022.
Under the previous system, permits were required:
• to transport alcohol, cannabis or intoxicants onto NCN Lands
• for social events
• by drivers of motorized and non-motorized vehicles if they were transporting alcohol or cannabis
• for certain businesses such as the beer vendor
Considering the above information, should the permit system be:
Restored (Put back in place)
Repealed (Removed from the law)
9.
Do you have any additional comments about Banishments, Current Limits, Fines, Tickets or Permits?
Current Progress,
0 of 9 answered