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Thread: Roadblocks starting NOW

  1. #81
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    Re: Roadblocks starting NOW

    Some food for thought for you all. As you read through you come to understand that since there are limited treaties, the whole of the province is virtually an indian reserve.

    Trespass on Reserves


    Marginal note:Penalty for trespass
    30 A person who trespasses on a reserve is guilty of an offence and liable on summary conviction to a fine not exceeding fifty dollars or to imprisonment for a term not exceeding one month or to both.

    • R.S., c. I-6, s. 30.


    more to come


    ".....It will be far easier to limit and undo the follies of a Trudeau government than to restore the necessary common sense and good judgment to a depraved electorate willing to have such a man for their prime minister......​"

  2. #82
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    Re: Roadblocks starting NOW

    Marginal note:Information by Attorney General

    • 31 (1) Without prejudice to section 30, where an Indian or a band alleges that persons other than Indians are or have been
      • (a) unlawfully in occupation or possession of,
      • (b) claiming adversely the right to occupation or possession of, or
      • (c) trespassing on

      a reserve or part of a reserve, the Attorney General of Canada may exhibit an information in the Federal Court claiming, on behalf of the Indian or band, the relief or remedy sought.
    • Marginal note:Information deemed action by Crown
      (2) An information exhibited under subsection (1) shall, for all purposes of the Federal Courts Act, be deemed to be a proceeding by the Crown within the meaning of that Act.
    • Marginal note:Existing remedies preserved
      (3) Nothing in this section shall be construed to impair, abridge or otherwise affect any right or remedy that, but for this section, would be available to Her Majesty or to an Indian or a band.


    • R.S., 1985, c. I-5, s. 31;
    • 2002, c. 8, s. 182.


    Previous Version
    32 [Repealed, 2014, c. 38, s. 5]
    Previous Version
    33 [Repealed, 2014, c. 38, s. 5]
    Previous Version
    Roads and Bridges

    Marginal note:Roads, bridges, etc.

    • 34 (1) A band shall ensure that the roads, bridges, ditches and fences within the reserve occupied by that band are maintained in accordance with instructions issued from time to time by the superintendent.
    • Marginal note:Idem
      (2) Where, in the opinion of the Minister, a band has not carried out the instructions of the superintendent issued under subsection (1), the Minister may cause the instructions to be carried out at the expense of the band or any member thereof and may recover the cost thereof from any amounts that are held by Her Majesty and are payable to the band or member.


    • R.S., c. I-6, s. 34.


    Lands Taken for Public Purposes

    Marginal note:Taking of lands by local authorities

    • 35 (1) Where by an Act of Parliament or a provincial legislature Her Majesty in right of a province, a municipal or local authority or a corporation is empowered to take or to use lands or any interest therein without the consent of the owner, the power may, with the consent of the Governor in Council and subject to any terms that may be prescribed by the Governor in Council, be exercised in relation to lands in a reserve or any interest therein.
    • Marginal note:Procedure
      (2) Unless the Governor in Council otherwise directs, all matters relating to compulsory taking or using of lands in a reserve under subsection (1) are governed by the statute by which the powers are conferred.
    • Marginal note:Grant in lieu of compulsory taking
      (3) Whenever the Governor in Council has consented to the exercise by a province, a municipal or local authority or a corporation of the powers referred to in subsection (1), the Governor in Council may, in lieu of the province, authority or corporation taking or using the lands without the consent of the owner, authorize a transfer or grant of the lands to the province, authority or corporation, subject to any terms that may be prescribed by the Governor in Council.
    • Marginal note:Payment
      (4) Any amount that is agreed on or awarded in respect of the compulsory taking or using of land under this section or that is paid for a transfer or grant of land pursuant to this section shall be paid to the Receiver General for the use and benefit of the band or for the use and benefit of any Indian who is entitled to compensation or payment as a result of the exercise of the powers referred to in subsection (1).


    • R.S., c. I-6, s. 35.


    Special Reserves

    36 [Repealed, 2014, c. 38, s. 6]
    Previous Version
    Marginal note:Special reserves
    36.1 Where lands the legal title to which is not vested in Her Majesty had been set apart for the use and benefit of a band before the coming into force of this section, the effect of section 36 of this Act, as it read immediately before the coming into force of this section, continues in respect of those lands and this Act applies as though the lands were a reserve within the meaning of this Act.

    • 2014, c. 38, s. 6.


    Surrenders and Designations

    Marginal note:Sales

    • 37 (1) Lands in a reserve shall not be sold nor title to them conveyed until they have been absolutely surrendered to Her Majesty pursuant to subsection 38(1) by the band for whose use and benefit in common the reserve was set apart.
    • Marginal note:Other transactions
      (2) Except where this Act otherwise provides, lands in a reserve shall not be leased nor an interest in them granted until they have been designated under subsection 38(2) by the band for whose use and benefit in common the reserve was set apart.


    • R.S., 1985, c. I-5, s. 37;
    • R.S., 1985, c. 17 (4th Supp.), s. 2;
    • 2012, c. 31, s. 206.


    Previous Version
    Marginal note:Surrender to Her Majesty

    • 38 (1) A band may absolutely surrender to Her Majesty, conditionally or unconditionally, all of the rights and interests of the band and its members in all or part of a reserve.
    • Marginal noteesignation
      (2) A band may, conditionally or unconditionally, designate, by way of a surrender to Her Majesty that is not absolute, any right or interest of the band and its members in all or part of a reserve, for the purpose of its being leased or a right or interest therein being granted.


    • R.S., 1985, c. I-5, s. 38;
    • R.S., 1985, c. 17 (4th Supp.), s. 2.


    Marginal note:Conditions — surrender

    • 39 (1) An absolute surrender is void unless
      • (a) it is made to Her Majesty;
      • (b) it is assented to by a majority of the electors of the band
        • (i) at a general meeting of the band called by the council of the band,
        • (ii) at a special meeting of the band called by the Minister for the purpose of considering a proposed absolute surrender, or
        • (iii) by a referendum as provided in the regulations; and

      • (c) it is accepted by the Governor in Council.

    • Marginal note:Minister may call meeting or referendum
      (2) If a majority of the electors of a band did not vote at a meeting or referendum called under subsection (1), the Minister may, if the proposed absolute surrender was assented to by a majority of the electors who did vote, call another meeting by giving 30 days’ notice of that other meeting or another referendum as provided in the regulations.
    • Marginal note:Assent of band
      (3) If a meeting or referendum is called under subsection (2) and the proposed absolute surrender is assented to at the meeting or referendum by a majority of the electors voting, the surrender is deemed, for the purposes of this section, to have been assented to by a majority of the electors of the band.
    • Marginal note:Secret ballot
      (4) The Minister may, at the request of the council of the band or whenever he considers it advisable, order that a vote at any meeting under this section shall be by secret ballot.
    • Marginal note:Officials required
      (5) Every meeting under this section shall be held in the presence of the superintendent or some other officer of the Department designated by the Minister.


    • R.S., 1985, c. I-5, s. 39;
    • R.S., 1985, c. 17 (4th Supp.), s. 3;
    • 2012, c. 31, s. 207.


    Previous Version
    ".....It will be far easier to limit and undo the follies of a Trudeau government than to restore the necessary common sense and good judgment to a depraved electorate willing to have such a man for their prime minister......​"

  3. #83
    Join Date
    Jan 2008
    Location
    Abby
    Posts
    1,738

    Re: Roadblocks starting NOW

    Quote Originally Posted by Jagermeister View Post
    Marginal note:Information by Attorney General

    • 31 (1) Without prejudice to section 30, where an Indian or a band alleges that persons other than Indians are or have been
      • (a) unlawfully in occupation or possession of,
      • (b) claiming adversely the right to occupation or possession of, or
      • (c) trespassing on

      a reserve or part of a reserve, the Attorney General of Canada may exhibit an information in the Federal Court claiming, on behalf of the Indian or band, the relief or remedy sought.
    • Marginal note:Information deemed action by Crown
      (2) An information exhibited under subsection (1) shall, for all purposes of the Federal Courts Act, be deemed to be a proceeding by the Crown within the meaning of that Act.
    • Marginal note:Existing remedies preserved
      (3) Nothing in this section shall be construed to impair, abridge or otherwise affect any right or remedy that, but for this section, would be available to Her Majesty or to an Indian or a band.


    • R.S., 1985, c. I-5, s. 31;
    • 2002, c. 8, s. 182.


    Previous Version
    32 [Repealed, 2014, c. 38, s. 5]
    Previous Version
    33 [Repealed, 2014, c. 38, s. 5]
    Previous Version
    Roads and Bridges

    Marginal note:Roads, bridges, etc.

    • 34 (1) A band shall ensure that the roads, bridges, ditches and fences within the reserve occupied by that band are maintained in accordance with instructions issued from time to time by the superintendent.
    • Marginal note:Idem
      (2) Where, in the opinion of the Minister, a band has not carried out the instructions of the superintendent issued under subsection (1), the Minister may cause the instructions to be carried out at the expense of the band or any member thereof and may recover the cost thereof from any amounts that are held by Her Majesty and are payable to the band or member.


    • R.S., c. I-6, s. 34.


    Lands Taken for Public Purposes

    Marginal note:Taking of lands by local authorities

    • 35 (1) Where by an Act of Parliament or a provincial legislature Her Majesty in right of a province, a municipal or local authority or a corporation is empowered to take or to use lands or any interest therein without the consent of the owner, the power may, with the consent of the Governor in Council and subject to any terms that may be prescribed by the Governor in Council, be exercised in relation to lands in a reserve or any interest therein.
    • Marginal note:Procedure
      (2) Unless the Governor in Council otherwise directs, all matters relating to compulsory taking or using of lands in a reserve under subsection (1) are governed by the statute by which the powers are conferred.
    • Marginal note:Grant in lieu of compulsory taking
      (3) Whenever the Governor in Council has consented to the exercise by a province, a municipal or local authority or a corporation of the powers referred to in subsection (1), the Governor in Council may, in lieu of the province, authority or corporation taking or using the lands without the consent of the owner, authorize a transfer or grant of the lands to the province, authority or corporation, subject to any terms that may be prescribed by the Governor in Council.
    • Marginal note:Payment
      (4) Any amount that is agreed on or awarded in respect of the compulsory taking or using of land under this section or that is paid for a transfer or grant of land pursuant to this section shall be paid to the Receiver General for the use and benefit of the band or for the use and benefit of any Indian who is entitled to compensation or payment as a result of the exercise of the powers referred to in subsection (1).


    • R.S., c. I-6, s. 35.


    Special Reserves

    36 [Repealed, 2014, c. 38, s. 6]
    Previous Version
    Marginal note:Special reserves
    36.1 Where lands the legal title to which is not vested in Her Majesty had been set apart for the use and benefit of a band before the coming into force of this section, the effect of section 36 of this Act, as it read immediately before the coming into force of this section, continues in respect of those lands and this Act applies as though the lands were a reserve within the meaning of this Act.

    • 2014, c. 38, s. 6.


    Surrenders and Designations

    Marginal note:Sales

    • 37 (1) Lands in a reserve shall not be sold nor title to them conveyed until they have been absolutely surrendered to Her Majesty pursuant to subsection 38(1) by the band for whose use and benefit in common the reserve was set apart.
    • Marginal note:Other transactions
      (2) Except where this Act otherwise provides, lands in a reserve shall not be leased nor an interest in them granted until they have been designated under subsection 38(2) by the band for whose use and benefit in common the reserve was set apart.


    • R.S., 1985, c. I-5, s. 37;
    • R.S., 1985, c. 17 (4th Supp.), s. 2;
    • 2012, c. 31, s. 206.


    Previous Version
    Marginal note:Surrender to Her Majesty

    • 38 (1) A band may absolutely surrender to Her Majesty, conditionally or unconditionally, all of the rights and interests of the band and its members in all or part of a reserve.
    • Marginal noteesignation
      (2) A band may, conditionally or unconditionally, designate, by way of a surrender to Her Majesty that is not absolute, any right or interest of the band and its members in all or part of a reserve, for the purpose of its being leased or a right or interest therein being granted.


    • R.S., 1985, c. I-5, s. 38;
    • R.S., 1985, c. 17 (4th Supp.), s. 2.


    Marginal note:Conditions — surrender

    • 39 (1) An absolute surrender is void unless
      • (a) it is made to Her Majesty;
      • (b) it is assented to by a majority of the electors of the band
        • (i) at a general meeting of the band called by the council of the band,
        • (ii) at a special meeting of the band called by the Minister for the purpose of considering a proposed absolute surrender, or
        • (iii) by a referendum as provided in the regulations; and

      • (c) it is accepted by the Governor in Council.

    • Marginal note:Minister may call meeting or referendum
      (2) If a majority of the electors of a band did not vote at a meeting or referendum called under subsection (1), the Minister may, if the proposed absolute surrender was assented to by a majority of the electors who did vote, call another meeting by giving 30 days’ notice of that other meeting or another referendum as provided in the regulations.
    • Marginal note:Assent of band
      (3) If a meeting or referendum is called under subsection (2) and the proposed absolute surrender is assented to at the meeting or referendum by a majority of the electors voting, the surrender is deemed, for the purposes of this section, to have been assented to by a majority of the electors of the band.
    • Marginal note:Secret ballot
      (4) The Minister may, at the request of the council of the band or whenever he considers it advisable, order that a vote at any meeting under this section shall be by secret ballot.
    • Marginal note:Officials required
      (5) Every meeting under this section shall be held in the presence of the superintendent or some other officer of the Department designated by the Minister.


    • R.S., 1985, c. I-5, s. 39;
    • R.S., 1985, c. 17 (4th Supp.), s. 3;
    • 2012, c. 31, s. 207.


    Previous Version
    Whats your point
    BLACKRIFLESMATTER

  4. #84
    Join Date
    Jul 2006
    Location
    Kamloops Country just south of Heaven
    Posts
    23,994

    Re: Roadblocks starting NOW

    I coody do 30 days standing on my head whao! Reserve land is thee small part where the Indians have houses and buildings, not the Crown land all around it.
    Jel -- A reserve is a reserve land where the Indians live, not the Crown Land all around the bands property line. The Provincial Crown is open for anyone who has a BC Hunting license -- You if you want to hunt - no one can stop you -- Actual reserve property is relatively small -- it will have a sign and an entrance --
    --
    Last edited by Jelvis; 09-22-2018 at 05:18 PM. Reason: Bones n Crewcutz

  5. #85
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    Sep 2006
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    Langley & Magna Bay
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    Re: Roadblocks starting NOW

    All what would it take for the RCMP to take note? Run the road block, Indians shoot and kill guy because they are spineless to uphold the law? I say run over the sons of bitches! Enough is enough
    I like drinking beer and whiskey, shooting guns, jetboating, love a nice rack and a tight line, I am simply a sophisticated redneck...

  6. #86
    Join Date
    Jul 2006
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    Kamloops Country just south of Heaven
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    Re: Roadblocks starting NOW

    Resident hunter's are very important, and our Ministry thank God Himself, understands this fact. Resident hunter's drive thee hunting in BC
    -- I've been a supporter of resident hunter's all my life.
    Jel -- BC Ministry of Environment needs to favor resident hunters for special leh's and gos placements because resident hunters of BC are hunters first.
    --------Basically resident hunters keep the hunting alive financially as well -- leh aps and buying stuff for hunting -- I vote Yes for the residential hunters first.

  7. #87
    Join Date
    Jul 2011
    Posts
    1,794

    Re: Roadblocks starting NOW

    Quote Originally Posted by Jelvis View Post
    Resident hunter's are very important, and our Ministry thank God Himself, understands this fact. Resident hunter's drive thee hunting in BC
    -- I've been a supporter of resident hunter's all my life.
    Jel -- BC Ministry of Environment needs to favor resident hunters for special leh's and gos placements because resident hunters of BC are hunters first.
    --------Basically resident hunters keep the hunting alive financially as well -- leh aps and buying stuff for hunting -- I vote Yes for the residential hunters first.
    Sheesh Jelly, you've flopped over like a fish here...….

    To answer your previous question, I have friends from many parts of BC but I live in the Chilcotin.

  8. #88
    Join Date
    Jul 2011
    Posts
    1,794

    Re: Roadblocks starting NOW

    Quote Originally Posted by browningboy View Post
    All what would it take for the RCMP to take note? Run the road block, Indians shoot and kill guy because they are spineless to uphold the law? I say run over the sons of bitches! Enough is enough

    One would wonder if the Liberal media and the Soros led UN would concern themselves with a shot whitey hunter. Mr Dressup surely wouldn't.

  9. #89
    Join Date
    Aug 2004
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    Surrey/Madagascar
    Posts
    4,780

    Re: Roadblocks starting NOW

    Excellent!! ... let’s just tear ourselves apart from within! First we need to get on the same page, and from the look at this thread, we are miles apart.
    [Light travels faster than sound. This is why some people appear bright until you hear them speak.



    If you cite things that happen in the US of A but live in Canada, then you might be living as an idiot in a great country. ..... clueless

  10. #90
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    Re: Roadblocks starting NOW

    Quote Originally Posted by limit time View Post
    Whats your point
    The point is there is no resolution to the current debacle. Both levels of government have backed themselves into a hole. They have totally capitulated and will have to sign away the “farm”. Our elected officials will be subservient to the FN masters.
    ".....It will be far easier to limit and undo the follies of a Trudeau government than to restore the necessary common sense and good judgment to a depraved electorate willing to have such a man for their prime minister......​"

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