Update First Nation Policing

Transcription

1 Update First Nation Policing Special Chiefs Assembly November , 2013

2 Justice Sector Karen R. Restoule Justice Coordinator Jessica Keeshig-Martin Justice Policy Analyst Asad Imam Ipperwash Policy Analyst Athena Pheasant Junior Analyst

3 Political Confederacy Justice Portfolio Holder: Grand Chief Harvey Yesno, Nishnawbe Aski Nation Alternate: Ogichidaa Warren White, Grand Council Treaty 3

4 Members: First Nations Ipperwash Task Force Diane Maracle-Nadjiwon, Independent First Nations Allan Dokis, Union of Ontario Indians Victoria Deleary, Association of Iroquois and Allied Indians Terry Wilson, Nishnawbe Aski Nation Rory Joseph, Grand Council Treaty 3

5 Technicians: First Nations Police Working Group Allan Dokis, Union of Ontario Indians Victoria Deleary, Association of Iroquois and Allied Indians Rory Joseph, Grand Council Treaty 3 Ron Soney, Independent First Nations Fabian Batise, Nishnawbe Aski Nation

6 First Nations Police Working Group Chief John Syrette, Anishinabek Police Services Chief Rodney Nahwegahbow, UCCM Police Services Chief Rick Angeconeb, Lac Seul Police Services Chief Terry Armstrong, Nishnawbe Aski Police Services Chief John Domm, Rama Police Services Chief Wayne Smith, Treaty #3 Police Services Chief Jerry Swamp, Akwesasne Police Services Chief Gary Reid, Wikwemikong Tribal Police Chief Glenn Lickers, Six Nations Police

7 Chiefs Committee on Justice Policing Chief Greg Peters, Association of Iroquois and Allied Indians Chief Eli Mandamin, Grand Council Treaty 3 TBD, Union of Ontario Indians TBD, Nishnawbe Aski Nation (Deputy Grand Chief Alvin Fiddler until a Chief is appointed in December 2013) TBD, Independent First Nations

8 Chiefs Committee on Justice Policing Sep 2013: Motion from PC to move forward with the creation of the Chiefs Committee on Justice, without a formal Terms of Reference, with the sole responsibility to work on the policing file, in collaboration with the First Nations Police Working Group. Terms of Reference to follow. Sep 2013: Motion from PC to have five representative Chiefs, one from each PTO, GC, IFN, were to be appointed to form the Chiefs Committee on Justice - Policing.

9 Resolutions Resolution 13-21, First Nations Polices Services in Ontario in Crisis Situation (Framework, Ministers Meeting, Legislative/Statutory Amendments) Resolution 12-09, Chiefs Committee on Justice (Chiefs Committee on Justice, Legislative Options, Framework, Ministers Meeting) Resolution 11-05, Creating a Vision for First Nation Policing Services (Framework, Legislative Options, Ministers Meeting)

10 Legislative / Regulatory Changes Ongoing efforts are currently underway to address the urgent needs of First Nations Police Services in Ontario. Ongoing discussions are currently being held to determine the levels of interest and to prioritize the development of various legal options, such as legislative amendments, introduction of new and focused legislation, and creation of regulation.

11 Legislation / Regulation Changes Action Timeline Sep 2013: Review of progress to date. Posted Ipperwash Policy Analyst position. Oct 2013: Preliminary strategy and organizational discussions with Ipperwash Task Force. Opened discussions with the Police Working Group. Hired Ipperwash Policy Analyst to work exclusively on policing. Nov 2013: Continued discussions with Chiefs of First Nations Police Services. Developed and presented (very) preliminary draft of two legislative options, to serve as basis for discussions with ITF and PWG.

12 Legislation / Regulation Changes Next Steps Work with the various political and technical bodies to: Confirm a legal strategy to tackle the various issues facing First Nations with regards to policing; Develop legal options for First Nations policing in Ontario; Facilitate serious discussions on proposed legal options with all affected parties, including First Nations leadership, First Nations policing leadership, First Nations technicians; Seek out funding to support the above.

13 Renewal of Tri-partite Policing Agreements Discussions are currently underway between First Nations, Public Safety Canada, and Ontario s Ministry of Community Safety and Correctional Services on the renewal of tri-partite funding agreements for First Nations policing. End of March 2014 will see the renewal of tri-partite funding agreements for self-administered and OFNPA communities for a period of 4 years.

14 Framework for the Renewal of Tri-partite Policing Agreements Action Timeline July 2013: In collaboration with AFN's Nathan Wright, invited PSC and MCSCS to open conversation on policing. Aug 2013: Participated in discussions with PSC and MCSCS technicians to develop framework for tri-partite renewal process. Stated without prejudice to First Nations involved in their own discussions with these government parties. Sep/Oct 2013: Proposed framework for the negotiation of tri-partite agreements. Discussed framework with Police Working Group. Nov 2013: Framework refused by PSC and MCSCS technicians.

15 Framework for the Renewal of Tri-partite Policing Agreements

16 Preamble First Nations maintained certain level of community norms that membership were expected to up-hold. The premise of such expectations was based upon respect for rule of law or traditions/customs. When direct intervention was required, the First Nation communities had people who were assigned the responsibilities as peacekeepers or monitors. The approaches exercised were not intrusive but included counselling, reconciliation and healing. NAPS submission to Ipperwash Inquiry

17 Purpose The purpose of this draft is to begin discussion amongst all parties towards a joint framework with: Public Safety Canada Ministry of Community Safety and Correctional Services First Nation Chiefs First Nation political organizations (advocacy and policy support)

18 Goal The goal is for all parties to agree on one joint framework prior to advancing political discussions.

19 Need A framework, political and technical avenue, is required to facilitate discussions between First Nations, Public Safety Canada, and Ministry of Community Safety and Correctional Services to address the following particulars: Recommendations from the Final Report of the Ipperwash Inquiry, in particular recommendations The federal government announced a 5-year renewal of funding for the First Nations Policing Policy with no increases. This has created a funding crisis for many First Nation policing services. First Nations leadership are seeking a new approach to negotiations for the policing arrangements and greater certainty. The question of jurisdiction requires dialogue and a process for transition. Greater policy coordination.

20 Without Prejudice This framework is without prejudice to: The existing Inherent and Treaty rights of Indigenous peoples. Existing processes or agreements between First Nation communities and the provincial and federal governments. Current cases before the courts relating to First Nations police services.

21 Key Elements of the Framework 1) Common understanding of existing policies, legislation and laws, as they relate to First Nations police services 2) First Nation responsibilities with regards to public safety 3) Identifying and understanding the fiscal relationship 4) Process for the parties to respond to each other strategically 5) Parties to agree on a process

22 Framework Step 1 Common understanding of existing legislation and policies, as they relate to First Nations police services Joint research and information gathering Agreement on relevant information pool Joint policy and legislative review Report and recommendations for reform

23 Framework Step 2 First Nation responsibilities with regards to public safety Jointly identify topics for discussion Jointly identify barriers and challenges related to each topic Flexibility to enable each party to conduct their own legal analysis Review of existing police commissions, boards and civil authorities, including a cost analysis OPP and Band Controlled Police Services (OFNPA)

24 Framework Step 3 Identifying and understanding the fiscal relationship First Nations police services to develop budgets based on the needs of the community they service to determine a dollar figure for Ontario/Canada Provincial and federal governments to disclose policing related funding sources over the next 4 years Jointly determine the gaps between the funding levels Jointly generate recommendations to address the gaps in funding

25 Framework Step 4 Process for the parties to respond to each other strategically: Jointly determine a timeframe for the parties to respond to each other Timeframes must respect internal process i.e. Chiefs Assemblies, Cabinet requirements. Separate political and technical responses and meetings Respectful and focused responses

26 Framework Step 5 Parties to agree on a process Clear mandate (ie, Chiefs of Ontario s Chiefs Committee on Justice - Terms of Reference) Identify the role for the various bodies (ie, Political Confederacy, First Nation Police Working Group, the First Nations Chiefs of Police and OFNPA communities, etc.) Identify the representatives (ie, governments, both federal and provincial and First Nations) Jointly develop a Terms of Reference for the process including the purpose, mandate, structure and levels of authority. It will be important to determine who has the authority to make decisions.

27 Ingredients to Make this Work Commitment by the parties Three way communication on each parties mandate Realistic timeframes Determine if a facilitator/coordinator is required to assist the parties as they work their way through the process Comprehensive Communication Strategy Access to Alternative Dispute Resolution tools and resources

28 Framework for the Renewal of Tri-partite Policing Agreements Next Steps Work with the various political and technical bodies to: Develop and implement political strategy, in order to resolve serious issues prior to the 4-year renewal. Options to consider within political strategy: Order Paper, Question in the House, meeting with Ministers of PSC and MCSCS, meeting with Deputy Ministers, among others.

29 Thank you for your time.