CHIEFS OF ONTARIO. Community Policing. Creating a vision for First Nations Police Services

CHIEFS OF ONTARIO Community Policing Creating a vision for First Nations Police Services JamesWRansom 3/30/2011

Contents Introduction... 1 Part I: Operational Perspectives, First Nations Chiefs of Police... 3 Background First Nation Policing in Ontario... 3 Issue... 6 Roundtable Forum First Nation Chiefs of Police... 7 Legislation Governing First Nations Policing Key Discussion Points... 8 Key Elements of Policing Legislation in Canada... 9 Part II: What is First Nations Community Policing?... 11 Challenges... 13 Words of Caution... 14 Recommendations... 15 Conclusion... 16

Community Policing 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- Introduction First and foremost among the many responsibilities for First Nation leadership is the safety and well-being of their community members. In that regard, First Nations Police Services play a critical role on behalf of First Nations leadership in ensuring public safety and in keeping the peace in First Nations communities. How First Nations Police Services can more effectively perform their duties was the theme for a series of three policy forums held by the First Nations Ipperwash Task Force in partnership with the Ontario Ministry of Community Safety and Correctional Services (MCSCS) in February and March 2011. The MCSCS has been collaborating with First Nations political organizations through the Ipperwash Inquiry Priorities and Action Committee to address the recommendations of the Ipperwash Inquiry regarding the long-term sustainability of First Nations Police Services. More specifically, Justice Sidney B. Linden s recommendation #59 in the Report of the Ipperwash Inquiry proposed that: Federal, provincial, and First Nation governments should commit to developing a secure legislative basis for First Nation police services in Ontario. In response to that recommendation, these policy forums allowed the Task Force to engage First Nation leadership in an open and frank discussion of First Nations Police Services issues and concerns. Out of this discussion arose the need to create a vision of Community Policing to define First Nations Police Services in the years to come. It was hoped that this vision would build on the law enforcement side of policing and expand it to include a peace-keeping responsibility that is more culturally appropriate for First Nations Police Services. It was also envisioned to raise First Nations Police Services to a higher standard of operation and to place them on an equal footing with their provincial counterparts. 1

There are many challenges facing First Nations in creating this vision of Community Policing. The autonomy of First Nations to self-govern their police services is questionable at best and out of their control at worst. The status of First Nations Police Services as an essential governmental service has no legislative basis and thus relegates it to the status of a secondclass program. This in turn contributes to inadequate funding that threatens the ability of First Nations Police Services to provide the delivery of high quality police services that is expected from their communities. The federal First Nations Policing Policy fails to meet the needs of First Nations Police Services in Ontario and its archaic assumptions place the safety of First Nations Constables at risk. The Ontario Police Services Act provides a legislative basis for police services in the province. However, First Nation Police Services are not afforded the same protections other police services receive in the province from this legislation because there is no equivalent legislation for them. Most of the issues identified during the policy forums are not new issues. The effort to address the challenges facing First Nations Police Services has been an ongoing struggle for many years. The feeling of the participants in the forums was that it is time for change, for positive change driven by First Nations to improve the delivery of First Nations Police Services so that public safety and wellness in First Nation communities can best be upheld. This report is meant to lead that discussion for change, to provide recommendations for action by First Nation leadership that will lead to the creation of that vision of Community Policing and to the improved delivery of First Nations Police Services. It is divided into two parts. Part I presents a summary of a policy forum held with the First Nations Chiefs of Police to identify operational challenges facing First Nations Police Services. Part II presents a summary of two community policy forums held with First Nations leadership to discuss community perspectives on First Nations Police Services. 2

Part I: Operational Perspectives, First Nations Chiefs of Police There is a need for more recognition, support and financial resources from both Ontario and Canada for First Nations-directed police services in Ontario and for First Nations-based administration of justice systems. -Chiefs of Ontario submission to the Ipperwash Inquiry- The first policy forum that was held with the First Nations Chiefs of Police provided an on-theground perspective of policing in First Nations communities. First Nations Police Services serve an important role within their communities. They ensure public safety and health, keep the peace in their communities, are first responders to domestic disputes, frontline personnel in addressing criminal activities, and serve as intermediaries between the Ontario Provincial Police (OPP) and First Nations. They are integral to reducing the potential for violence in First Nations communities. Despite the many positive benefits associated with First Nations Police Services, they face a number of challenges that need to be addressed so that they can be even more effective in the future. Their tenuous existence in law is a major issue. It results in First Nations Police Services being viewed and treated as second-class programs and not the essential services that they are. The absence of a legislative basis for their existence is seen as creating security and liability concerns as well as contributing to pay and benefits differences between non-first Nation and First Nations Police Services. Above all, inadequate funding creates a substandard working environment in terms of officer complement, equipment and vehicles, buildings, training, specialized units and the ability to meet the expectations of their communities. Background First Nation Policing in Ontario Aboriginal policing in Canada and First Nation policing in Ontario specifically, has been shaped by three central events over the last fifty years. In the 1960s, the Royal Canadian Mounted Police (RCMP) withdrew from regular policing in First Nations in Ontario. In 1971, the Department of Indian Affairs and Northern Development (DIAND) issued its Circular 55 policy on policing Aboriginal communities. In 1991, the First Nations Policing Policy 1 (FNPP) was approved by the federal government. 1 http://www.publicsafety.gc.ca/pol/le/fnpp-eng.aspx 3

The RCMP s withdrawal from First Nation policing in Ontario created an opportunity for diverse styles in Aboriginal policing. While it resulted in a contraction of the policing mandate to conventional policing duties, it allowed for greater participation by First Nations in policing. The pull-out was transitional, announced in the early 1960s, begun in the mid-1960s, and officially completed in 1971. The early 1970s to the early 1980s saw many developments. Circular 55, in response to pressures from First Nations and the RCMP, allowed for special constables who would not be restricted to only policing band bylaws but could supplement, not supplant senior police in the local area. In 1975, the Ontario Indian Reserve Constable Program was created. Officers were appointed at the request of Chiefs and Councils and these community officers were supported, administratively and operationally, by the Ontario Provincial Police. The first tripartite policing agreement, involving the federal and provincial governments and First Nation leaders, was signed in Ottawa in 1981. In 1989, the Ontario First Nations Policing Agreement (OFNPA) was negotiated. It created fully authorized First Nation Constables on reserves, supplemented by the OPP. It was an umbrella tripartite policing agreement designed as a transition stage vehicle for Ontario First Nations developing some form of selfadministered policing. The initial agreement covered the period 1991-96 and has been renewed numerous times. In 1991, the FNPP was approved by the federal cabinet. The FNPP resulted in the establishment of the First Nations Policing Program which provided funding through various agreements for either self-administered First Nation police services or community tripartite agreements. All agreements entailed budgets that were cost-shared between the federal (52%) and provincial (48%) governments. The FNPP helped to drive many police changes. These were underlined by the 1996 recommendations of the Royal Commission on Aboriginal Peoples that encouraged greater self-directed and culturally appropriate policing in First Nation communities. Numerous tripartite policing agreements were negotiated among the federal, provincial, and First Nations governments and the self-administered First Nation police service model became a reality. Although both the Ontario government and OPP encourage the development of selfadministered policing services in First Nations communities, the OPP is still directly engaged in front-line policing in many First Nation communities. Some First Nation communities in Ontario have yet to opt for either an independent police service or for joining in a regional selfadministered police service. Lack of adequate funding can be a major deterrent in deciding whether to opt in. In these instances, they may be policed under the Ontario First Nations Policing Agreement (OFNPA: 1991 to 1996 and renewed since) where the OPP provides administrative support, coordination responsibilities and consultation. The OFNPA was expected to represent a transition phase and indeed has functioned as such; as the regional 4

self-administered police services came into being, the First Nation communities and officers under the OFNPA have shrunk and at this point in time only some 19 First Nation communities remain. Apart from the OFNPA, there are a score of First Nation communities in Ontario that have not entered into any tripartite agreement as advanced under the FNPP and, accordingly, are policed under regular OPP arrangements in their area. The majority of these 21 First Nations have a reserve population of less than 1,000 but four each have roughly 2,000 members living on reserve. Today, there are nine self-administered policing service agreements in Ontario involving 94 First Nations communities. They include: Four regional police services (Nishnawbe-Aski, Treaty Three, Anishnabek, United Chiefs and Councils of Manitoulin); and Five individual First Nations police services (Akwesasne, Lac Seul, Rama, Six Nations, and Wikwemikong). The OFNPA currently has some 70-plus officers and 19 First Nations under its administration. Fully 96 percent of the on-reserve population and all but 17 of the 133 First Nation communities in Ontario are covered by the FNPP agreements. The Ontario self-administered First Nation police services range from the Lac Seul Police Service, which has seven officers for a population of some 800 band members in three First Nation communities, to the largest regional First Nation Police Service in Canada, namely the Nishnawbe Aski Police Service (NAPS), which has about 110 officers engaged in 43 communities with a total population of 22,000 (only four of the 43 First Nations have a population greater than 1,000). For a more detailed description of the history of Aboriginal policing in Canada, the report: Aboriginal Policing in Canada: An Overview of Developments in First Nations 2 can be reviewed. 2 http://www.attorneygeneral.jus.gov.on.ca/inquiries/ipperwash/policy_part/research/pdf/clairmont_aboriginal_p olicing.pdf 5

Issue First Nation police services in Ontario have a tenuous existence in law. Although the federal Indian Act provides that a band council may establish a police commission, it does not set out a framework of governance, funding, policing standards, and appointment and powers of officers. Nor does the Ontario Policing Service Act apply to First Nation police services, beyond providing for the appointment and powers of constables. -The Report of the Ipperwash Inquiry- Despite the gains made by First Nations Police Services in Ontario, there are still major challenges facing First Nations. As the Report of the Ipperwash Inquiry points out, First Nations Police Services in Ontario have a tenuous existence (Report of the Ipperwash Inquiry, Volume 2, Chapter 10, 10.4.2 Legislative Status). The federal Indian Act does not set out a framework of governance, funding, policing standards, and appointment of officers. In 1971, DIAND issued Circular 55. While it allowed for special reserve constables, they were intended to enhance, not replace senior police. This is a key difference and it creates the perception of First Nations Police Services as programs and not essential police services. The 1991 FNPP, while it promoted on-reserve policing programs, was intended to place First Nations Police Services under provincial jurisdiction. In Ontario, the Ontario Police Services Act (OPSA) provides for the appointment and power of First Nations constables. While First Nations Constables have the same powers as police officers, they are not subject to any of the regulatory or oversight mechanisms of the OPSA. First Nation officers are not required to follow the code of conduct legislated for municipal police service or OPP officers. There is no legislated process for independent review of civilian complaints against First Nations officers, or a mechanism for independent investigation where actions by a First Nations police officer may have resulted in serious injuries or death. Justice Linden s legislative basis recommendation has become the catalyst for dialogue that is now occurring between the Ontario government and First Nations in the province in regards to improving First Nations Police Services. Creating a legislative basis for First Nations Police Services in Ontario is not a simple process though. How it may occur raises many questions. Should it be done under provincial jurisdiction? Should it be done under federal jurisdiction? What are the implications on treaty rights (pros and cons) from pursuing legislation, either provincial or federal? 6

Trying to understand what creating a legislative basis for First Nations Police Services in Ontario means from an operational perspective was the subject of the first policy forum coordinated by the First Nations Ipperwash Task Force in partnership with the Ministry of Community Safety and Correctional Services and held with the First Nations Chiefs of Police. They were an appropriate starting point for the discussion as they could offer an on-the-ground perspective of the challenges First Nations Police Services face today and share how they believe future potential legislation could lead to improved delivery of First Nations Police Services. Roundtable Forum First Nation Chiefs of Police The roundtable started by offering participants an opportunity to share their initial thoughts on the question of creating a legislative basis for First Nations Police Services. The roundtable also allowed the participants to share their views and perspectives for First Nations Police Services in Ontario. Current federal policies and legislation result in First Nations Police Services being treated as a Second-class program and not as an essential governmental service. Under current federal legislation, they are viewed as supplementing more senior police services (Ontario Provincial Police) and not supplanting them. Within the province, the government and OPP see the value in First Nations Police Services operating under the autonomy of the First Nations but they also recognize that current provincial legislation means the OPP Commissioner appoints First Nation constables and not the First Nations themselves. The conflicting and inconsistent policies at both the federal and provincial level, as well as the limited authority of First Nations to operate their own police services, presents a quandary that is faced on a daily basis by the First Nations Chiefs of Police. Existing federal and provincial legislation doesn t recognize the full autonomy of First Nations to govern their police services. In fact, the largest First Nation police services, the Nishnawbe Aski Police Services (NAPS) is operated as a private corporation. The lack of First Nation ownership of their police services is a major concern of the First Nations Chiefs of Police. Not having a legislative basis for First Nations Police Services in turn contributes to other challenges. It results in constraints on funding which limits it to basically front-line policing responsibilities. Since they are viewed as supplementing senior police services, funding is limited to that role from the federal government s perspective. First Nation self-administered police services are very small compared to the OPP and most municipal police services in Ontario. There is a great need for increased funding to improve buildings, equipment, and legal services amongst other things. Without it, it is difficult for First Nations Police Services to meet community expectations for a highly qualified police service. 7

It also means that specialized training, key to community-based policing, is pretty much nonexistent. The First Nations Chiefs of Police identified the need for training that allows them to better serve their communities in areas such as crime prevention, restorative justice, dealing with social problems, family disputes, and better being able to respond to high levels of crime. It is for these reasons, being treated as programs and not essential services, operating under confusing and inconsistent federal and provincial policies that place constraints on funding for operational expenses, and having limited access to specialized training, that the First Nations Chiefs of Police support a legislative basis for First Nations Police Services. It was also noted that no representatives from the federal government were participating in the forum. Their participation is important given their role through the First Nations Policing Policy and because they share funding of First Nations Police Services in Ontario. The federal government needs to be part of the process of finding long-term solutions to improve First Nations Police Services in Ontario. Legislation Governing First Nations Policing Key Discussion Points Participants were asked to rate how much of a priority developing a legislative basis for First Nations Police Services was from their perspective. There was consensus that from an operational perspective it was a high priority. There was discussion of the need to educate and inform First Nations communities and leadership to help them better understand the importance of the legislative basis for First Nations Police Services. First Nations communities and leadership need to be more aware of the operational challenges faced by First Nations Police Services without the legislative basis. It was noted that it can be difficult to appreciate the operational challenges when, from a community perspective, it may appear that policing is being adequately taken care of. Participants were asked to identify main objectives that potential legislation on First Nation policing should include. The following areas were identified: Legislation should define First Nations Police Services as an essential service; Legislation should direct that funding be A-Based ; Legislation should create standards for specialized training of First Nations Constables; Legislation should address greater accountability to communities and to funders; Legislation should empower all parties involved in First Nation policing and should be tied to community justice systems; and Legislation should recognize the authority of First Nations Police Services, as equals to their provincial counterparts. 8

Participants were asked to identify what they saw as key differences between on-reserve policing and off-reserve policing that should be considered in drafting legislation. One of the biggest differences is the lack of recognition as an essential police service for First Nations Police Services that is not a problem for off-reserve policing entities. The Indian Act was identified as another difference and the fact that it places constraints on First Nations Police Services. The disparity surrounding band bylaws was identified as another difference and in particular, the issue of who will prosecute and where it will be prosecuted given the need to develop and strengthen on-reserve community justice systems. Participants were also asked how potential legislation could move forward. There was consensus that there is a First Nation political process for moving any potential legislation that needs to be respected. The First Nations Chiefs of Police saw their role as making First Nation leadership aware of their concerns and of identifying the key issues that any legislation that is proposed needed to address. It was mentioned that it was important for someone on individual Councils to be an advocate for First Nations Police Services, someone to be knowledgeable and supportive of First Nations Police Services issues. It was also mentioned that there is a need for someone to understand the political and bureaucratic processes associated with First Nations Police Services and how they interconnect. Key Elements of Policing Legislation in Canada Policing legislation exists in every Canadian province, including Ontario s Police Services Act. These policing legislations share four general areas that are consistently found in them. They are: I. Duties of officers Policing legislation in every Canadian province describe duties of officers and regulate officer conduct. II. Responsibility for providing local police services Policing legislation generally assigns responsibility for providing local police services to a local governmental body such as a municipality. Other areas of the province are policed by a provincial police service. In all provinces except Ontario and Quebec, provincial police services are provided by contract between the province and the RCMP. III. Administrative structure Such legislation also usually creates bodies (e.g., police commissions, police service boards) to administer and manage local police services. IV. Civilian oversight It also commonly creates mechanisms for non-police review of police services and officers (e.g., a public complaints process). A questionnaire was shared with the participants and they were asked to rank each of the four areas to identify how they should be prioritized. Twelve responses were submitted and they 9

indicated the following priorities: (1) Responsibility for providing local police services; (2) Duties of officers; (3) Administrative structure; and (4) Civilian oversight. Most First Nations police services already have protocols in place that cover all or some of the four general areas but to varying degrees depending on the First Nations police service. It was agreed that it may be useful to share information between First Nations Police Services to identify best practices within all four areas that could be transferred between First Nations. Under the Responsibility for providing local police services, there was general agreement that First Nations should be appointing officers and not the OPP Commissioner. It is viewed as an important part of the process for self-administered First Nations Police Services. There were also concerns expressed that any legislation needed to be flexible to address those First Nations that cannot afford the police service or don t want it and there needs to be clear language for opting out. Under the discussion of Administrative Structure, it was indicated that a number of First Nations Police Services have boards, commissions, and governing authorities in place and that the Ministry provides training in this area. There was discussion of the need for a mechanism to minimize and respond to political interference in the event that should occur. Under the discussion of Civilian Oversight, it was mentioned that the evolution of First Nations police services in the province is coming to the point where a civilian oversight person, cost shared between different First Nations police services, may be needed. There was agreement that such a position should be independent and non-political. There was also agreement that individual First Nations police services may not need a full-time person and that sharing the position between First Nations may be cost-effective. 10

Part II: What is First Nations Community Policing? long-lasting solutions to policing programs are grounded in the people and communities themselves. -The Royal Commission on Aboriginal Peoples- Two community forums were held with First Nation leadership to discuss the needs and concerns of First Nations Police Services. The first was held in Toronto on March 1-2, 2011 with approximately 40 participants representing First Nations from across the southern part of the province. The second was held in Thunder Bay on March 8-9, 2011 with approximately 50 participants representing First Nations from across the northern part of the province. Out of these two community forums emerged a common theme, the idea of Community Policing or defining and implementing what culturally appropriate policing means to First Nations. This concept encompasses the grass-roots qualities that First Nation leadership believe should be part of First Nations Police Services for the future. Done properly, First Nations leadership sees it as an exercise of self-governance. This vision of Community Policing starts with First Nations driving the process. It was important to First Nations leadership that the effort to improve the delivery of First Nations Police Services be community driven. Ownership of the process was viewed as integral to defining Community Policing. Exercising autonomy in the operation of First Nations Police Services was viewed as central to establishing that ownership. This includes First Nations constables being appointed by First Nations themselves. The specifics of how each First Nation appoint its Chief of Police and Constables would be left to their discretion consistent with community protocols and processes. Clarifying that First Nations Police Services is an essential governmental service is critical to elevating the status and removing the perception that First Nations Police Services is a Secondclass program. It also includes expanding the role of First Nations Police Services to Peacekeeping, identifying culturally appropriate ways to keep the peace in their communities. Understanding the bigger picture of how First Nations Police Services fits into the community is viewed as important to defining Community Policing. First Nations Police Services should not operate in a vacuum in the community. Community wellness can best be achieved when there is coordination amongst social programs, education programs, and First Nations Police Services. 11

The concept of community justice and developing First Nation laws is viewed as central to creating this concept of community wellness. Accountability to the community is an important part of defining Community Policing. This includes defining civilian oversight of the conduct of First Nations Police Constables. It also means being responsive to cultural practices within the community. Knowing and being responsive to community ceremonies (i.e., death feasts) and how they can impact policing processes (i.e., criminal investigations) is central to culturally appropriate policing. Securing funding that is stable and sustainable was identified as an ongoing need that is a necessity to improve the delivery of First Nations Police Services. Funding is needed to build capacity, to ensure the safety of First Nations Constables in responding to calls, to create specialized services, and to ensure that there is adequate housing and infrastructure in support of First Nations Police Services. The need for training beyond front-line police training is seen as an integral part of Community Policing. This training should include cultural awareness training for Native and non-native officers alike so that they understand the cultural norms of First Nations communities. It should also include understanding social services issues, dealing with addictions and other societal problems common in First Nations communities. Strengthening the relationship with the federal and provincial government was viewed as an important part of the process of improving First Nations Police Services. Each has a role in the delivery of First Nations Police Services, through the First Nations Policing Policy at the federal level and the Ontario Police Services Act at the provincial level. Equally as important was the need to strengthen the relationship and improve communication between First Nations communities and between First Nations communities and their non-native neighbours. Sharing information and best practices is also seen as an integral part of Community Policing. 12

Challenges The FNPP assumes that First Nation policing will be an add-on or enhancement to basic policing services provided by the RCMP or a provincial police service. -Ipperwash Inquiry Report- On the federal level, the First Nations Policing Policy is the key policy guiding First Nations Police Services. It was intended to provide First Nations with access to police services that are professional, effective, culturally appropriate and accountable to the communities they serve. It also called upon the federal government, provincial and territorial governments and First Nations to work together to negotiate tripartite agreements that meet the particular needs of each community. There is a critical flaw in the FNPP though. It assumes that First Nation policing is an enhancement of existing policing services provided by the RCMP or provincial police services. This assumption together with inadequate funding of self-administered First Nation police services, where they are viewed as the primary service providers, is the reality for First Nations in Ontario. On the provincial level, the Ontario Police Services Act provides the legislative basis for police services in the province. Under Section 54(1) of the Act, the commissioner of the Ontario Provincial Police appoints First Nation constables in the province. No other provisions of the Act apply to First Nation Police Services. As a result, the protections afforded police services in the province are not available for First Nations Police Services because there is no similar legislation governing their operation. There is a fundamental issue facing First Nations Police Services in regards to a simple question of Who is the boss? Given that the commissioner of the OPP appoints First Nations constables, it raises questions whether this means that the commissioner is the boss. However, during the policy forums, it was clear that the intent of First Nation leadership is that they are the boss and that this declaration needs to be part of the future in defining First Nations Police Services. The need for consistent standards to govern First Nations Police Services was identified as a challenge. In a review of police legislation from across Canada, four common themes were identified as being in each piece of legislation: 1) Duties of Officers; 2) Responsibility for providing local police services; 3) Administrative structure; and 4) Civilian oversight. There was 13

agreement that First Nations Police Services in Ontario have each of these areas covered, though to varying degrees. What was also clear was that without legislation to anchor these four areas, it placed First Nations Police Services at a disadvantage with their provincial counterparts. It has resulted in court challenges to the authority of First Nations Police Services which is adding additional costs as the police services must be continuously defended. Inadequate funding was identified as an overarching concern. The first principle underlying the First Nations Policing Policy in regards to quality and level of service states that First Nations communities should have access to policing services which are responsive to their particular policing needs. The reality though is that funding in support of First Nations Police Services is not reflective of this principle. It means that First Nations Constables have to respond to twoperson calls on an individual basis, building, infrastructure and equipment is inadequate and housing in remote communities for First Nations Police Services is pretty much nonexistent. Words of Caution A consensus to move forward amongst First Nations leadership has not been achieved. Three concerns have been expressed that need to be addressed by the Task Force to alleviate the angst that has been expressed. The first is that a legal analysis be performed in regards to any recommendations brought forward by the Task Force to First Nation leadership. Of primary concern is that rights, particularly Treaty rights, be protected in any action taken to improve First Nations Police Services. This concern applies directly to recommendations developed related to potential legislation that may be proposed. Potential legislation has to be an exercise of the autonomy of First Nations in order for it to be considered by First Nations leadership. There is a consensus that should potential legislation negatively affect Treaty rights, it should not be considered as a possible solution. The second concern is that if legislation is needed, should it be provincial legislation or federal legislation? There are First Nations that believe the relationship in regards to the First Nations Police Services should be with the federal government only. There are other First Nations who believe that changes to the Ontario Police Services Act may be a more realistic approach to take given the lack of involvement on the part of the federal government in this discussion. There is a third category of First Nations who don t want either option forced on them but want a process that is respectful to all First Nations. The third concern that has been expressed arises from the diversity of First Nations. Those First Nations that are geographically remote have needs that are different from First Nations that are located closer to major urban centres. Those First Nations that have Police Services that 14

cover a large geographic area have needs that are different from individual First Nations Police Services that have responsibilities for a more limited geographic area. The resources (financial and human) for smaller First Nations are generally more limited than for larger First Nations. This diversity means that no one solution will address all issues facing First Nations. Instead, a multi-faceted approach should be taken such that individual First Nations have the option of participating in a variety of solutions. No First Nation should feel they are being pushed to accept only one option. Recommendations As has been pointed out in the policy forums, the struggle to improve First Nations Police Services has been on-going for a number of years. It is time for action, for First Nations leadership to be proactive in creating a vision of Community Policing. The following recommendations are being brought forward in support of that objective. 1. Work with First Nations to define and implement a vision of Community Policing. Over the years, there have been many statements talking about the need for culturally appropriate policing. The First Nations Police Services policy forums have shown that First Nations leadership is willing to work with their communities to define what culturally appropriate means in practical terms, to create this vision of Community Policing. First Nations leadership should direct the Ipperwash Task Force to develop a strategy that includes research on the original vision for First Nations policing, identifies gaps, and builds on the vision that has been prepared so far. It should quantify levels of funding so that requests for increases in funding can be based on factual information. There should be clarification of A-Based funding and whether a legislative basis will correlate into an increase in funding to First Nations Police Services. It should also include the implications of decreased funding from the federal government. 2. Advocate for an Independent review and revision of the First Nations Policing Policy. First Nations leadership should introduce a Chief s resolution calling for an independent study of the federal First Nations Policing Policy and how it applies to First Nations in Ontario. The FNPP serves as the cornerstone for the federal government s approach to First Nation policing. However, the assumptions that underlie the policy are flawed as it applies to First Nations in Ontario. The review should examine this policy framework with a focus on correcting the assumption that First Nations Police Services is an enhancement and not the primary police services for First Nations. 15

3. Create a legislative basis for First Nations Police Services. First Nations leadership should introduce a Chief s resolution directing the Ipperwash Task Force to develop First Nations legislation that will create a legislative basis for First Nations Police Services. This legislation should memorialize the four common themes associated with all policing legislation: 1) Duties of Officers; 2) Responsibility for providing local police services; 3) Administrative structure; and 4) Civilian oversight. The legislative basis should include opt in provisions so that First Nations can participate in the legislation when they are ready. It should also include an assessment to examine whether provincial or federal legislation would be most appropriate or a combination of both. 4. Prepare a legal opinion for a legislative basis. First Nations leadership should introduce a Chief s resolution directing the Ipperwash Task Force to seek a legal opinion on the implications of such a legislative basis. In particular, emphasis should be placed on identifying any negative impacts on First Nations rights and First Nations Treaty rights. It should also include impacts on Treaty areas and traditional territories of First Nations. Conclusion The important role that First Nations Police Services serve in their communities cannot be overstated. Ensuring public safety and health, keeping the peace in their communities, being first responders to domestic disputes, and being the frontline personnel in addressing criminal activities are responsibilities they undertake on a daily basis. First Nations Police Officers need the support of their communities and action by their Councils to ensure the best chance of success in overcoming their operational challenges. Delivering high quality police services in First Nations communities under the autonomy of First Nations leadership should be an integral part of the vision for the future. First Nations leadership envisions that First Nations Police Services is more than just policing, it is about keeping the peace in their communities in ways that are responsive to cultural practices and it is about understanding its role in the bigger picture that defines community life. There are many challenges to overcome in creating a vision of Community Policing. The policy forums have shown that First Nations leadership and First Nations Police Services are engaged and willing to take action to improve the delivery of First Nations Police Services and meet the expectations of First Nations for a highly qualified and professional police service. It is hoped that this report contributes to the process of building more effective police services in First Nations communities. 16