What Is A By Law
By-Laws are a set of rules and regulations made by Band Chief and Council based on the needs of their communities. These laws are passed through the powers transcribed in the Indian Act under sections 81, 83 and 85.1. They are put in place as a way to regulate community activities, or solve existing problems to create stronger community based connections.
What Are The Goals
The Goal of a By-Law is to ensure the safety and well being of the community through decisions made by Chief and Council. While also functioning as a way to educate, and inform the community on the expectations they are to abide by. This is meant as a deterrent for participating in activities not allowed within the community.
However, By Laws are not only focused on individuals but also the products that are entering the community. By regulating the incoming products, such as Intoxicants, a by law can set the standard for what will and what will not enter a community. This is meant to ensure the safety of community members and any future addition to the community.
By Law Topics
By Laws are created to cover a wide range of issues that revolve around the best interests of the communities. As such, they are enforced as a means of protection and represent the needs or wants of a specific area. Some communities may differ from others on their detailing of specific bylaws.
By Laws can covers such topics as:
- Restrictions on Intoxicants
- Animal/Dog Control
- Curfew hours for Youth or Adults
- Disposal of Waste
- Control of Firearms
- Traffic or Motor Vehicle Restrictions
- Law and Order within the Community
Here are Sample bylaw’s that can be used as a template for communities:
Enforcement is a necessity when drafting a By Law and without a proper strategy for this, a By Law will not be effective. Therefore, it is important to know who has the capability to enforce any decision on Bylaws within any given community.
Some Organizations who can enforce By Laws:
- Provincial and Federal Courts
- NAPS Officers
- Band Councils
- OPP Officers
- Community Enforcers
Who Can Help
Nishnawbe Aski Nation Legal Services houses Three By Law Facilitators who are able to assist in giving advise for the content within a Bylaw.
Cecilia Fiddler, By Law Facilitator- West
Phone: (807) 622-1413 ext. 7103
Fax: (807) 622-3024
Alana Odawa, By Law Facilitator- Central
Phone: (807) 622-1413
Martha Kataquapit, By Law Facilitator- East
Phone: (705) 268-1105
Questions To Consider When Drafting A By Law
When a Community Council makes the decision to draft a By Law for the benefit and well being of their communities, there is a great deal that must be considered .
Here are some questions to ask:
- Can we enforce this
- How will this affect the community
- What are the Penalties for breaking a By-Law
- Will it be Repealed based on wording
- Does it capture the needs of the Community
Would you like Nishnawbe Aski Legal Services to come visit your community?
Please send a request for our clinic days below.
Newsletter and Brochure
Please see our monthly updated By Law Newsletter
Also our By Law Brochure covering Intoxicants
Below is a comprehensive By Law workbook based on the Intoxicant By Laws prepared by Simon Owen. It provides a step by step process on how to further and enforce community Intoxicant By Laws.