Date: May 22, 2025

Number: OIC-313-2025-2

Authorized by: Chief and Council

Effective on Thursday, May 22, 2025

WHEREAS:

  1. The high rate of crime, violence and property damage related to the sale and use of alcohol and illegal drugs continues to be of major concern to NCN Citizens and continues to escalate
  2. There have been a number of non NCN Citizens coming into N’tuskenan and some have been causing serious risks to the health and safety of NCN Citizens and other residents on NCN Lands.
  3. Chief and Council have been required to take action to address issues arising from the drug and alcohol related violence that is occurring within N’tuskenan and has been causing serious risks to the health and safety of NCN Citizens and other residents on NCN Lands and is required to stop or prevent criminal activity on or adjacent to NCN Lands.
  4. NCN Citizens have clearly indicated that efforts must be made to combat violence in the community fueled by drugs, alcohol, weapons, gang activity and harbouring people banished from or adjacent to NCN Lands.
  5. In addition to the recent gang violence, it has come to Chief and Council’s attention that chemicals and other harmful substances such as Fentanyl are being put into bootlegged alcohol and illegal drugs which has resulted in seizures and could lead to fatal overdoses.

ORDER

1

Definitions                                                                                                            

  1. The following definitions apply in this Order

“community” means those persons who ordinarily live on or adjacent to NCN Lands at Nelson House, Manitoba;

“NCN Lands” means the lands described in Aski-Pumenikiwin, 2017, c. A-I and in particular IR 170, 170A, 170B, and 170C;

“drug activity”, “gang activity”, “harbouring”, “human trafficking”, N ‘tuskenan” and “peace officer” have the same definitions as in the Community Protection Law 2019, c. C-1 ;

State of Emergency in Effect

  1. Effective on, Wednesday, May 22, 2025 at 12:00 a.m. the State of Emergency for all NCN Lands (excluding the Mystery Lake lands) shall be extended for a period of 90 days to minimize the risk of criminal activity and violence to ensure the health and safety of all persons on or adjacent to NCN Lands. This State of Emergency will remain in effect until Friday, August 22, 2025, unless revoked or amended by a subsequent NCN Order in Council.

Between May 22, 2025 and August 22, 2025, Chief and Council may, by written notice posted on the NCN website and social media, impose additional rules that must be followed in addition to or in place of the rules in this Order in Council until a new Order in Council is issued.

Entry to NCN Lands

  1. Only residents on NCN Lands and persons authorized by the NCN Chief of Law Enforcement and/or the Justice Director or their designate shall be allowed to enter NCN Lands, as long as they agree to have their vehicle, their person, and belongings searched and comply with directions at the checkstop or other points of entry to NCN Lands, and are able to produce valid photo identification.

Visitors/non-NCN residents will not be permitted entry from midnight to 6 am.

An NCN resident is someone who has a fixed address or lives in NCN;

  • If you are a resident of NCN you can come and go as you please;
  • Visitors/non NCN Residents may be permitted entry between midnight and 6 am, for emergency or compassionate reasons, with advanced notice and authorization from NCN Chief of Law Enforcement and/or the Justice Director or their designate.
  1. Visitors/non NCN Residents, seeking entry into the community will be required to show identification, state the reason they are seeking entry, and the information will be recorded at the checkstop.
  2. All persons not known to the community seeking entry into the community will be required to fill out a visitor’s form and state the reason they are seeking entry and the information will be recorded at the checkstop.
  3. Any person who is in violation of NCN Laws or is found to have weapons, illegal drugs, alcohol and cannabis that exceeds the allowable limits under the Community Protection Law, 2019 c. C-1 and regulations, will be fined over the limits and will have their alcohol or cannabis seized.

Bear Mace and Machetes

  1. No person shall be allowed to bring bear mace, machetes, knives, guns or other weapons onto NCN Lands except as approved by Chief and Council or their authorized designate, and any person who causes harm or tries to cause harm to another person using bear mace, machetes, knives, guns or other weapons may be immediately evicted or banished from NCN Lands or other alternate measures will be taken.

Curfew

  1. A curfew shall be in effect from 11:00pm to 7:00 am for children under the age of 18 years old.

 

Breach of Curfew Rules

Parents or guardians will be given notice by the Chief of Law Enforcement or designate if a child they are responsible for breaches curfew and will be given a chance to rectify the situation, but if such breach continues:

  • the parents or guardians will no longer be eligible for regular benefits under any NCN programs or policies;
  • the Alternate Benefits Policy will apply; and
  • the Director of Justice or designate will notify Child and Family Services regarding the situation.
  • The Director of Justice or designate have the discretion to issue a fine to the parent or guardian;
  • The Director of Justice or designate has the authority to issue a community based disposition, including community service work, for a youth who breaches the curfew on more than one occasion.

Alcohol and Drug Prohibitions

  1. All prohibitions on bootlegging or buying, selling and transporting illegal drugs as outlined in the Nisichawayasi Community Protection Law 2019, c. C-1 and federal or provincial legislation continue to apply during the State of Emergency, and anyone bootlegging, transporting, or selling illegal drugs will be evicted or banished from NCN Lands. The following additional rules will be in place:
    • all daily commuters (using personal or company vehicles), all NCN employees, and/or all entities using company vehicles, and authorized visitors will not be allowed to transport any alcohol or cannabis onto NCN Lands;
    • residents will only be allowed to transport alcohol or cannabis onto NCN Lands once each day between the hours of noon and 3:00 am;
    • every person claiming alcohol or cannabis upon entry to Checkstop must have a valid permit and valid receipts showing the date and place of purchase;
    • the limits in the Community Protection Law regulations shall be increased to the following:
  2. Up to forty-eight (48) 355ml cans or bottles of beer or coolers; or
  3. Up to two (2) 750ml bottles of spirits such as rye, vodka, or rum; or
  • Up to eight (8) litres of wine;

3

  1. No Personal Water Crafts, boats ATV’s, Bicycles and Recreational Vehicles shall not be operated on or adjacent to NCN Lands from 11:00 pm to 7:00 am. No ATV or any recreational vehicle will not be allowed through the checkstop between 11:00 pm and 7:00 am. Any Personal Water Crafts, Boats, ATV’s, Bicycles and Recreational Vehicles operated in violation of this rule will be seized.

Increased Checkstop Searches and Patrols Within N’tuskenan

  1. Increased searches at the checkstop and patrols of all access roads, trails, rivers and waterways within N ‘tuskenan that lead to NCN Lands, including searches of vehicles and other personal property, will be in effect.

Persons Released from Jail

  1. NCN Citizens released from jail and who are not subject to a banishment order are not allowed to visit or reside on NCN Lands unless they receive authorization from the NCN Chief of Law Enforcement in consultation with the Director of Justice following a risk assessment and determination of appropriate conditions.

Business Operating Hours

  1. Home based businesses, such as confectionaries, must cease operations, including deliveries, at 11:00 pm daily.

Gang Activities

  1. No person shall be allowed to participate in gang activities, meetings or wear gang colours, clothing or other paraphernalia on NCN Lands. Harbouring Gang Involved or Banished Persons
  2. No person shall harbour any person involved or affiliated with gang activity or who has been banished from NCN Lands

Rules if Violence Escalates in Community

  1. If the gang activity, violence, harm to people or property in the community further escalates Chief and Council, in consultation with the NCN emergency measures operations team, will determine whether additional restrictions must go into effect to prevent criminal activity and to protect the health and safety of NCN Citizens, NCN staff, other residents, authorized visitors and the community. The community shall be given notice of such restrictions by notice posted on the NCN website, social media and through any other reasonable means.

Application of Order

  1. This Order applies to all individuals living on or adjacent to, visiting or entering NCN Lands excluding the Mystery’ Lake Lands in Thompson.

Ethinehkahiwewin (Wellness)

  1. Any person who violates this Order in Council will be offered the opportunity to enter into an agreement to pursue a plan to achieve Mithopematisiwin (a good life) by participating in programs at the Justice Department, the Family and Community Wellness Centre, the Medicine Lodge or through other land based programs.

Penalties

  1. Failure to comply with this Order will result in a fine of $500.00 for each provision violated, potential eviction and/or banishment.

Regular Review of Order

  1. This Order will be reviewed on a regular basis while it remains in effect and may be modified, revoked, or extended in whole or in part.

AUTHORITY

Nisichawayasi Nehethowuk Othasowewin, 2017, c. 0-1 states:

 

CHAPTER 4

JURISDICTION

4.1       Jurisdiction

The jurisdiction of the Nisichawayasi Nehethowuk Okimawin extends over all persons, including Nehetho (Citizens), property, lands, air, water, resources and activities occurng on lands used by Nisichawayasi Nehethowuk.

The Nisichawayasi Emergency Measures Law, c. E-1, 2020 states:

PART 111

STATE OF EMERGENCY

Emergency Powers

12 Upon the declaration of and during a state of emergency, Chief and Council may make such orders or regulations it believes are necessary to deal with the emergency, including without limitation:

  • control or prevent the movement of people and property;
  • authorize entry into and searches of vehicles or buildings on NCN Lands and at traditional camps within N ‘tuskenan, without a warrant or order under the Nisichawayasi Community Protection Law;

(g)       direct or authorize the closure of schools, businesses, and other facilities;

expend such sums as are necessary to pay expenses caused directly or indirectly by the emergency; and

(k) evict, banish, imprison or impose fines consistent with the Nisichawayasi Community Protection Law 2019, c. C-1.

The Community Protection Law 2019, c. C-1 states:

PART IV

CHECKSTOP AND OTHER SEARCHES

Checkstop

16 (1) Chief and Council may establish a checkstop on or adjacent to NCN Lands for peace officers to conduct inspections of persons, motorized vehicles and non-motorized vehicles on or entering NCN Lands to confirm the persons in such vehicles

  • have proper licencing and insurance;
  • having possession of, or transponing alcohol, cannabis, drugs, prescription drugs or intoxicants are not doing so contrary to this Law or the regulations;
  • are not being inappropriately harboured on NCN Lands;
  • are not being exploited or the subject of human trafficking or gang activity;
  • have any required residency or work permits issued in accordance with NCN Laws;
  • are not in violation of any banishment order issued pursuant to NCN Laws or any court order issued by a court of competent jurisdiction, and
  • are not violating any other laws.

Search and Refusal of Entry onto NCN Lands

16(2) All motorized vehicles, non-motorized vehicles, persons and any personal property in such vehicles or on such persons may be searched prior to being allowed entry: onto NCN Lands and any person who refuses to be searched shall not be allowed entry onto NCN Lands.

Confiscation illegal substances

16 (4) Any illegal substances found during a search of a person, a sacred bundle or vehicle will be confiscated by the peace officer.

Other Authorized Searches

16(5) If Chief and Council believe on reasonable and probable grounds that bootlegging, drug activity, gang activity, human trafficking or harbouring is occurring on NCN Lands or adjacent to NCN Lands, Chief and Council may make any order it considers advisable to allow a peace officer to inspect the NCN Lands and any buildings on such lands.