Laforme v. Mississaugas of the New Credit First Nation Band Council
T-2426-95
Wetston J.
16/5/96
4 pp.
Application for declaration by-law assented to by Mississaugas of New Credit First Nation Indian Band ultra vires and of no force and effect-By-law prohibiting supply of intoxicants on reserve-Also containing restriction or limitation which permits supply of intoxicants for domestic purposes in private dwellings-Application dismissed-Indian Act, s. 85.1(1)(a) authorizing band council to enact by-laws prohibiting "sale, barter, supply or manufacture" of intoxicants on reserve-By-law properly restricting definition of "supply" to exclude personal use-Plain meaning of s. 85.1(1)(a) not to prohibit supply of intoxicants on reserve in home or private use-Definition of "supply" in by-law aid to interpretation of by-law not unauthorized regulation of intoxicants on reserve-Indian Act, R.S.C., 1985, c. I-5, s. 85.1(1)a) (as enacted by R.S.C., 1985 (1st Supp.), c. 32, s. 16).