PART XVIII

ENFORCEMENT OF WESTBANK LAW

Enforcement Officials

195. Westbank First Nation has jurisdiction to:

1. appoint and assign duties to Westbank First Nation government officials for the enforcement of Westbank Law on Westbank Lands; and



2. appoint officials as Commissioners for taking of oaths in relation to matters under the jurisdiction, as referred to in this Agreement, of Westbank First Nation.

196.

1. Subject to any assignment of duties by Westbank First Nation pursuant to subsection 195(a):
   
   
   1. the Royal Canadian Mounted Police shall render such services as are necessary for enforcement of offences established by Westbank Law when such services are appropriate to the effective and efficient delivery of policing services in the province; and
   2. such services shall be rendered in accordance with either:
   
   
   
   1. the Memorandum of Agreement dated April 1, 1992 between the government of Canada and the government of British Columbia (Provincial Policing Services Agreement) or its successors; or
   2. (B) the Memorandum of Agreement Providing a Framework for Community Tripartite Agreements for the Royal Canadian Mounted Police - First Nations Community Police Service dated April 1, 1993 or its successors;
      
      
   whichever is applicable.
   
   
2. Nothing in this Agreement alters the arrangement for the enforcement of federal or provincial law on Westbank Lands by duly empowered federal or provincial officers as set out in the applicable Memorandum referred to in subsubsection 196(a)(ii).

Offences

197.

1. Subject to subsection 197(b), Council may make laws to provide for the imposition of penalties on persons convicted of violations of Westbank Law, including laws to provide for the imposition of a term of imprisonment or a fine, or both.



2. Terms of imprisonment or fines for a violation of Westbank Law may be no greater than those that may be imposed under section 787(1) of the Criminal Code of Canada, except that:
   
   
   1. a Westbank Law may provide for a fine of up to $10,000.00 or the amount applicable to summary conviction offences under section 787(1) of the Criminal Code of Canada, whichever is greater; and
   2. a Westbank Law in relation to environmental protection may provide for a fine that is no greater than the fine that may be imposed for offences punishable upon summary conviction under federal environmental legislation.
   
   
   
3. Where there is a conviction for violation of Westbank Law, in addition to any other remedy or penalty, the Provincial Court of British Columbia in which the conviction is entered or the superior court of criminal jurisdiction having jurisdiction in any appeal, may make an order:



1. prohibiting the continuation or repetition of the offence by the convicted person;
2. revoking or suspending any permit or other document issued under Westbank Law in respect of which the contravention was committed;
3. requiring the demolition of any structure erected in contravention of Westbank Law;
4. requiring the quarantine or destruction of any animal in respect of which the contravention was committed;
5. for the forfeiture of and/or disposition of goods or chattels by means of which or in relation to which the offence was committed.

Enforcement Procedures for Westbank Law

198.

1. Westbank First Nation has jurisdiction to establish under Westbank Law comprehensive enforcement procedures comparable to, but not greater than, those set out in similar federal or provincial legislation on similar subject matters, including inspections, searches, seizures and compulsory sample testing and production of information.



2. Council may, by law, adopt the laws of the Province relating to proceedings in respect of offences that are created by a law of the Province, with such modifications as may be required.

199.

1. Westbank First Nation has jurisdiction to designate Westbank Law in respect of which enforcement officials have powers to issue a notice of violation as set out in subsection 199(b), and to fix the amount of fines with respect to that Westbank Law.



2. An enforcement official appointed by Westbank First Nation who believes on reasonable grounds that an offence has been committed under a Westbank Law designated under subsection 199(a), may issue to the accused a notice of violation requiring that he or she pay at the offices of Westbank First Nation an amount set out in the notice of violation.



3. A notice of violation issued under subsection 199(b) shall include:
   1. the charge against the accused;
   2. the period within which and the manner in which payment may be made;
   3. the address of the offices of Westbank First Nation to which payment may be made; and
   4. (iv) an explanation of the consequences of payment and of not making payment, including the issuance of a summons or other process.
   
   
   
4. On payment of a fine within the period and in the manner set out in the notice of violation, no further action may be taken against the accused in respect of the offence.

Prosecutions

200. For the purpose of prosecuting offences, Westbank First Nation shall follow one or more of these options:

1. retain its own prosecutor;



2. enter into an agreement with Canada to arrange for a federal agent to prosecute these offences; and



3. enter into an agreement with Canada and the province to arrange for a provincial prosecutor.

201.

1. Prosecutions involving Westbank Law shall be heard before the Provincial Court of British Columbia.



2. The summary conviction procedures of Part XXVII of the Criminal Code shall apply to prosecution of offences of Westbank Law.

202. Subject to any agreement with the province or a competent authority of the province containing provisions to the contrary, every fine, penalty or forfeiture imposed as a result of contravention of Westbank Law belongs to Westbank First Nation.

203. Except as otherwise provided in this Agreement, in the event of a conflict between Westbank Law in relation to the jurisdictions referred to in this Part and federal law, Westbank Law shall prevail to the extent of the conflict.

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