draft Safe Separation Law
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This spring 2021, the Chi-Naakinagewin department will proceed with online engagement for a number of draft laws. Most of these laws are ones that will require a community ratification, including this one. Fill out the survey below with your name, number and thoughts to enter into the monthly draw. You could also download the file and use track changes and comments and send it in to [email protected].
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SUMMARY
Introduction
The Safe Separation Law has been developed to prevent harmful situations within MFN. This law is similar to our Community Protection Law but applies to Mississauga FN Band Members. The law outlines preventative measures before individuals are asked to leave the community.
Purpose
The Separation Law will revoke a MFN Band Member’s right to be on any or all Community land, if, in the opinion of Council, it is in the best interests of the Mississauga First Nation, its land, assets, any member and invitees.
Escalation
Council will attempt to resolve the issue through measures before issuing a Safe Separation Order in an effort to promote the compliance and harmony of the community through:
Timeline
The Safe Separation Orders can be a maximum of 12 months from the date of the issue. Council must reevaluation then reissue the order if deemed appropriate,
Notice
The person or persons shall be notified in writing of
Safe Separation Order,
Council shall make best efforts to inform the individual of the notice. Council shall also arrange for all such resolutions to be posted on MFN Land as it sees fit and shall inform law enforcement agencies of such resolutions in a timely manner,
Trespass (Mirrors Community Protection Law)
Every person who is not acting under a right or authority conferred by the Misswezahging Constitution, the Mississauga Land Code, a Mississauga First Nation law, a resolution of Council, or other effective lawful right, and who, enters anywhere on MFN Land when a Safe Separation Order has been issued under this Law and, is committing an offence,
Offence
Any offence under this law may, upon summary of the conviction, be liable to a fine of not more than $5,000.00, 6 months in jail, or both,
Enforcement Officer
A Peace Officer may arrest without warrant if any person is found on or in premises if the Peace Officer believes on reasonable and probable cause, for example, as Peace Officer may arrest the person without warrant if the individual refuses to give name and address to the Peace Officer on demand and/or if the Peace Officer believes on reasonable and probable grounds the information is falsified, and;
Searches
An Enforcement Officer may enter premises at any time to administer and enforce the provisions of this Safe Separation Law. It is the duty of everyone who executes a process or warrant to have it with him or her, where it is feasible to do so, and to produce it when requested to do so.
This law is meant to promote the safety of our community whether it be from violence, illicit drugs, or human trafficking. This law takes moves beyond the Community Protection Law to remove members who cause harm to MFN.
Introduction
The Safe Separation Law has been developed to prevent harmful situations within MFN. This law is similar to our Community Protection Law but applies to Mississauga FN Band Members. The law outlines preventative measures before individuals are asked to leave the community.
Purpose
The Separation Law will revoke a MFN Band Member’s right to be on any or all Community land, if, in the opinion of Council, it is in the best interests of the Mississauga First Nation, its land, assets, any member and invitees.
Escalation
Council will attempt to resolve the issue through measures before issuing a Safe Separation Order in an effort to promote the compliance and harmony of the community through:
- Issuing a compliance request
- Offering remedial plan
- Attending a Debaakinagewin Circle
- Publishing of names
Timeline
The Safe Separation Orders can be a maximum of 12 months from the date of the issue. Council must reevaluation then reissue the order if deemed appropriate,
Notice
The person or persons shall be notified in writing of
Safe Separation Order,
Council shall make best efforts to inform the individual of the notice. Council shall also arrange for all such resolutions to be posted on MFN Land as it sees fit and shall inform law enforcement agencies of such resolutions in a timely manner,
Trespass (Mirrors Community Protection Law)
Every person who is not acting under a right or authority conferred by the Misswezahging Constitution, the Mississauga Land Code, a Mississauga First Nation law, a resolution of Council, or other effective lawful right, and who, enters anywhere on MFN Land when a Safe Separation Order has been issued under this Law and, is committing an offence,
Offence
Any offence under this law may, upon summary of the conviction, be liable to a fine of not more than $5,000.00, 6 months in jail, or both,
Enforcement Officer
A Peace Officer may arrest without warrant if any person is found on or in premises if the Peace Officer believes on reasonable and probable cause, for example, as Peace Officer may arrest the person without warrant if the individual refuses to give name and address to the Peace Officer on demand and/or if the Peace Officer believes on reasonable and probable grounds the information is falsified, and;
Searches
An Enforcement Officer may enter premises at any time to administer and enforce the provisions of this Safe Separation Law. It is the duty of everyone who executes a process or warrant to have it with him or her, where it is feasible to do so, and to produce it when requested to do so.
This law is meant to promote the safety of our community whether it be from violence, illicit drugs, or human trafficking. This law takes moves beyond the Community Protection Law to remove members who cause harm to MFN.