Prepared by... Mike Cardinal. for the Honourable Jon Havelock Minister of Justice and Attorney General November 1998 TABLE OF CONTENTS PROGRAM FUNDING

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1 MLA Athabasca - Wabasca Prepared by... Mike Cardinal for the Honourable Jon Havelock Minister of Justice and Attorney General November 1998 TABLE OF CONTENTS EXECUTIVE SUMMARY SUMMARY OF PREFACE INTRODUCTION REVIEW METHODOLOGY A CAUTIONARY NOTE PROGRAM EVALUATIONS HISTORICAL REVIEW EARLY HISTORY FIRST NATIONS POLICING POLICY (FNP Policy) IMPLEMENTATION IN ALBERTA ILLUSTRATION I ILLUSTRATION II OVERALL SYNOPSIS COMMUNITY SATISFACTION AND CONFIDENCE COMMUNITY EXPECTATIONS MANAGEMENT AND ACCOUNTABILITY FINDING THE BALANCE PROGRAM FUNDING POLICING OPTIONS/JURISDICTION CONCLUSION-MOVING FORWARD RECRUITMENT, SELECTION AND TRAINING EXECUTIVE SUMMARY Reserve policing poses several unique challenges. Widespread poverty plays a significant factor in the social ills of First Nation communities, often resulting in high demands on policing. These demands will continue to increase until the issues of poverty, and unemployment are resolved through a strong on-reserve economy and less dependence on welfare. It must be acknowledged that policing is but one factor, albeit an important one, in addressing these social conditions. In July 1997, the Minister of Justice and Attorney General initiated a review of First Nations policing in Alberta. The review was to assess the effectiveness of First Nations police services and make recommendations to remedy any identified weaknesses. In June 1998, a discussion paper entitled, "First Nations Police Services in Alberta - Review" was prepared and circulated to all stakeholders for their comments. This final report is based on the observations of the review team and responses from all stakeholders. In support of the principles outlined in the Alberta First Nations Policing Policy and the Federal First Nations Policing Policy, Canada and Alberta have agreed to provide funding for the operation of First Nations policing. Tripartite Policing Agreements among Canada, Alberta and the First Nations set out the terms, conditions and relationships among the parties for the development, operation and funding of the First Nation police services. Alberta is responsible for general policing and policing standards in the province. file:////edmcorpfilebr02/csshared$/solicitor General/Information Technolo.../PUBLICATIONS/publications/first_nations_police_service_review/index.html (1 of 13) [2/11/2008 2:45:37 PM]

2 Currently, in Alberta, there are ten (10) Tripartite Policing Agreements. The First Nations police services vary in size from two to twenty members and represent a wide spectrum of shared and stand-alone policing models. The police services are at various stages of development. Based upon personal observations and input from various sources, the participants in this review have come to the conclusion that First Nations police services generally require improvement. The following concerns were identified: program issues: lack of available and qualified on-reserve police candidates; inadequate standards for recruitment and selection and insufficient basic recruit training, recruit field training and in-service training; inadequate leadership and management in some cases; in some instances there may be an inappropriate use of policing funds and local political interference; low salaries, limited benefits and restricted career mobility. poor quality of service and a lack of knowledge, skills and abilities of individual officers in some cases; low community satisfaction and confidence in the police services and individual officers in some cases; inadequate program control and leadership in some cases; uncertainty and ambivalence regarding program objectives, roles, responsibilities and accountability; disagreement and uncertainty regarding the appropriate level of funding in some cases. Several of the First Nations police services are developing and performing well. Unfortunately this is not always the norm. In a number of cases, the programs achieving satisfactory acceptance and providing a satisfactory level of service are those which have maintained a complementary working relationship with the RCMP Provincial Police Service. While significant shortcomings and difficulties have been identified, the review did not find evidence to support the notion that First Nations police services are not viable or relevant. However, meaningful and profound change is needed to ensure that First Nations communities receive a satisfactory level of policing. Clearly, the depth and breadth of change required could not be adequately defined given the resources and time available for this review. Following is list of recommendations based on the observations of the review team and the responses to the discussion paper received from stakeholders. These recommendations relate to "issues" and "processes" and are presented as reference for consideration for development by the First Nations, Canada and Alberta. SUMMARY OF Recommendation #1: Programs, including a bursary program, should be developed to identify, assist and encourage First Nations individuals interested in a policing career. Recommendation #2: Selection standards and recruit training should be thoroughly reviewed and restructured if necessary. Recommendation #3: Formalized in-service, roll-call and advanced training should be developed and delivered on an ongoing basis. Recommendation#4: The issue of community satisfaction and confidence needs ongoing examination on a community-by-community basis by First Nations police commissions and police services. Recommendation #5: A provincial and federal representative should attend First Nations police commission meetings as frequently as possible, particularly during the early developmental stages of the police commission and police service. file:////edmcorpfilebr02/csshared$/solicitor General/Information Technolo.../PUBLICATIONS/publications/first_nations_police_service_review/index.html (2 of 13) [2/11/2008 2:45:37 PM]

3 Recommendation #6: In addition to their annual progress reports, all First Nations police commissions and police services should develop and submit to the Alberta Minister of Justice and Attorney General three year business plans, updated each year. Recommendation #7: Annual "financial audits" on all First Nations police services required under the Tripartite Policing Agreements should be carefully monitored by the First Nations, Alberta and Canada. Recommendation #8: The Public Security Division should establish a position of Manager, First Nations Policing. A full-time person with extensive police experience was hired in February (This recommendation has been complied with.) Recommendation #9: Provincial funding for First Nations police services should not be totally dependent on the displacement of RCMP officers. Recommendation #10: Canada, through the Department of Indian Affairs and Northern Development (DIAND) should be encouraged to provide capital funding for the construction of police facilities. Recommendation #11: Alberta and Canada should conclude the RCMP First Nations Community Police Service (RCMP-FNCPS) Agreement to provide First Nations with the option of entering into Community Tripartite Agreements and establishing local Police Management Boards. (This Agreement has been signed.) Recommendation #12: The RCMP should continue to be involved in all discussions among Canada, Alberta and First Nations regarding policing of First Nations. Recommendation #13: First Nations, Canada and Alberta should encourage the "regionalization" of existing and new police services. Recommendation #14: The proposed pilot project for the policing of identified provincial highways by the Kee Tas Kee Now Police Service should proceed. (This pilot project is being implemented.) PREFACE Reserve policing poses several unique challenges. Widespread poverty plays a significant factor in the social ills of First Nation communities, often resulting in high demands on policing. These demands will continue to increase until the issues of poverty, and unemployment are resolved through a strong on-reserve economy and less dependence on welfare. It must be acknowledged that policing is but one factor, albeit an important one, in addressing these social conditions. Effective policing strategies will be successfully implemented if there is compliance with well-defined guidelines and performance standards. First Nations policing arrangements should not be exempt from complying with such guidelines and standards. The strategy upon which First Nations policing policy is based encompasses a balance between "encouraging flexibility, innovation and latitude" and the presence of meaningful "controls, conformance and accountability." As a strategy, these facets of "innovation" and "accountability" are designed to improve the quality of policing. But the strategy only works if a proper balance is maintained between the two. Implying that culturally sensitive First Nations policing is possible only when there are few rules and little emphasis on accountability and conformance is both wrong and potentially dangerous. When sound police management principles are applied by properly trained and motivated officers, the application of "control, conformance and accountability" should enhance, rather than infringe upon, efforts to "encourage flexibility, innovation and latitude." It is upon the successful fusing of these two dynamics that the future of First Nations policing depends. To ensure that this happens will require strong and insightful leadership from all the stakeholders - Canada, Alberta and the First Nations. file:////edmcorpfilebr02/csshared$/solicitor General/Information Technolo.../PUBLICATIONS/publications/first_nations_police_service_review/index.html (3 of 13) [2/11/2008 2:45:37 PM]

4 First Nations police services are, for the most part, at the early stages of development. That their development has been accompanied by a myriad of faults and imperfections should come as no surprise. What is surprising, however, is the concern about, and even resistance to, the aspect of the policing strategy involving "controls, conformance and accountability." Unless these concerns are addressed and the resistance overcome the very survival of First Nations policing is at risk. At the present time, some First Nations police services are not providing a satisfactory level of service to the communities they are mandated to protect. Flawed basic assumptions, implementation difficulties, and insufficient accountability are sapping the strength of these organizations and causing them to falter. There is, in some cases, a lack of sufficient skills to undertake and complete policing programs or initiatives which require multi-dimensional leadership and administrative stability. Proper performance standards must be achieved and maintained to ensure the successful future of First Nations police services. It is the responsibility of Alberta, the First Nations and Canada to take the lead in remedying the problems which have given rise to the present, low levels of performance among some First Nations police services. First Nations police services will not survive just because they are a good idea. Their future will depend upon the thoughtful, considered efforts of committed individuals, organizations and governments. A much more positive future can be envisaged if "controls, conformance and accountability" are introduced in a meaningful way in order to effect changes designed to bring about a strengthened infrastructure and an increased 'how to' capability. Being that we are now nearly a decade into the development of First Nations policing as we now know it in Alberta, it is timely, appropriate, and indeed, necessary, that this review be conducted. Given the concerns identified with some First Nations police services in Alberta, a concept for positive change must be developed and embraced by all the stakeholders. It is of the utmost urgency that the First Nations, Canada and Alberta foster such a concept and ensure that visionary, ambitious and profound changes occur. Such changes are necessary if there is to be progress toward improving the quality of police service. This is the best approach for dealing with issues such as acceptable standards, accountability and overall satisfaction in the communities being served. These communities want, need and deserve nothing less than competent and dependable policing. INTRODUCTION In response to increasing concerns regarding the quality of service provided by First Nations police services, the Minister of Justice and Attorney General initiated a review of First Nations policing in Alberta. Mr. Mike Cardinal, MLA Athabasca-Wabasca, was entrusted with the responsibility of conducting the review. Mr. Joe Rodgers, Public Security Division, and Mr. David Gillies, Executive Assistant to the Government House Leader, provided assistance and support. Once the initial review was completed, the findings were circulated, in a discussion paper, to all stakeholders. The responses from stakeholders were considered and have been incorporated into this report to the Minister of Justice and Attorney General. REVIEW METHODOLOGY The review involved the following six major components: 1. A review of literature and government documents on the subject of policing and practices with respect to First Nations policing. 2. An introductory letter sent from Mr. Cardinal to all Chiefs involved in a Tripartite Policing Agreement advising them of the review and inviting their input. A follow-up letter was also sent by Mr. Rodgers. 3. Community questionnaires provided to Chiefs of Police and Police Commissions for distribution to the community. 4. Twenty-two consultation meetings involving more than one hundred key persons participating in First Nations policing--including: community members, Chiefs, Council members, Police Commissions, Alberta Association of First Nations Chiefs of Police, supervisors, regular members, recruits in training, RCMP, Crown Prosecutors, and Federal and Provincial representatives. Chief Robert Breaker, Chief of the Siksika Nation, and the Lesser Slave Lake Regional Police Commission formally opted out of the consultation process. 5. The observations and experiences of Mr. Joe Rodgers, Public Security Division. Mr. Rodgers, an Edmonton Police Service Staff Sergeant, recently completed an eighteen month secondment in the Division providing assistance with First Nations policing arrangements. 6. Once the initial review was completed, the findings of the review were circulated, in a discussion paper, to all stakeholders. The responses from stakeholders were considered and have been incorporated into this report to the Minister of Justice and Attorney General. file:////edmcorpfilebr02/csshared$/solicitor General/Information Technolo.../PUBLICATIONS/publications/first_nations_police_service_review/index.html (4 of 13) [2/11/2008 2:45:37 PM]

5 *A CAUTIONARY NOTE This report is best read as a preliminary review of First Nations policing in Alberta, as extensive as time and resources permitted. Resources and time did not allow for a more extensive review. The document lacks the depth of analysis which a long-term more detailed study might have produced. Indeed, this review may raise more questions than it answers. Further consultation is crucial to the completion of this process. The review provides a "snapshot" of First Nations police services in Alberta, what has been tried in the past, present strengths and weaknesses and recommendations or considerations for the future. The wide spectrum of variation in policing needs among the communities makes it exceedingly difficult to come up with "pat" solutions. Clearly, the intent of this review is not to blanket First Nations policing projects into a field--its purpose is to offer a starting point in the development of a strengthened infrastructure, "controls, conformance and accountability" without reducing the value of its philosophical intent, "encouraging flexibility, innovation and latitude," on the part of individual communities. PROGRAM EVALUATIONS During the past twenty years, current and former First Nations police programs have been the subject of a number of evaluations. Many of the problems identified in these previous reports surfaced in this review. Specifically, many programs suffer from high attrition rates, low morale, leadership/ management shortcomings and organizational weaknesses. This review endeavours to address many of these "issues." HISTORICAL REVIEW The following provides a brief history of First Nations policing in Alberta. EARLY HISTORY Historically, the federal government had a direct involvement in providing policing to Indian Bands. The nature of the federal role began to change in the 1960's and the 1970's when a number of studies, task forces and court decisions concluded that Indian Reserves were not considered to be "federal enclaves." By the early 1970's, the federal government adopted a two-pronged strategy to improve policing services provided to Indian Bands: the expansion of the Band Constable (Circular 55) program to enforce Band by-laws and assist the police of jurisdiction; and the development of an RCMP Indian Special Constable program (3b Program). The Louis Bull Police Service, which came into existence in 1987, was the first fully autonomous First Nation police service in Alberta. In January 1990, a Federal Inter-Departmental Task Force on Indian Policing expressed the view that "jurisdiction over First Nations Policing is shared and that each party (federal, provincial and First Nations) has a measure of responsibility and a role to play." The Blood Inquiry, which was concluded in 1991, resulted in the re-creation of the Blood Tribe Police, with fully empowered police officers. The Cawsey Report, completed in March 1991, made a number of recommendations about policing in Alberta's Aboriginal communities and encouraged the development of comprehensive policy framework to guide the development of policing programs. FIRST NATIONS POLICING POLICY (FNP Policy) As a result, in June 1991, Alberta and Canada jointly introduced their individual FNP Policies. Canada later transferred responsibility for First Nations policing from the Department of Indian and Northern Development to the Department of the Solicitor General. The aim of the FNP Policies of both governments was to provide First Nations communities with effective, efficient, culturally appropriate and professional policing by contributing to the improvement of social order, public security and personal safety. Canada made available $116.8 million dollars for First Nations policing across Canada. file:////edmcorpfilebr02/csshared$/solicitor General/Information Technolo.../PUBLICATIONS/publications/first_nations_police_service_review/index.html (5 of 13) [2/11/2008 2:45:37 PM]

6 The basic principle of FNP Policies affirms that First Nations should have access to policing services which are responsive to their particular policing needs and are equal in quality and level of services found in communities similarly situated in the region. First Nations should also have input in determining the level and quality of the police services they are provided. The federal and provincial governments, because they share jurisdiction, should share the cost of the police services. Funding is cost shared by Canada (52%) and Alberta (48%). First Nations may provide funding for enhanced policing, if they so desire. IMPLEMENTATION IN ALBERTA In 1991, Alberta and Canada agreed to provide funding (52% Canada, 48% Alberta) for the operation of First Nations policing arrangements. Tripartite Policing Agreements among Canada, Alberta and the First Nations set out the terms, conditions and relationships among the parties for the development, operation and funding of the First Nation police services. The Agreements require that the First Nations police services operate according to the terms of the Tripartite Policing Agreements and the principles of the Alberta Police Act. Each party has a role to play: First Nation governments are responsible for the governance and administration of First Nation communities; Canada has a special relationship with First Nations by virtue of history, treaties, statutes and the Constitution; and Alberta is responsible for general policing and policing standards in the province. Illustration I reviews the policing options available to First Nation Communities. Illustration II details current Tripartite Policing Agreements in the province. ILLUSTRATION I POLICING OPTIONS - ALBERTA'S FIRST NATIONS Type Off- Reserve Description Service Provided By Examples Service provided by nearest RCMP detachment RCMP non-aboriginal members RCMP Aboriginal members Red Earth On- Reserve Aboriginal Policing Detachment Service provided by full RCMP detachment Self administered reports to RCMP sub-division RCMP non-aboriginal members RCMP Aboriginal members Assumption R C M P RCMP/First Nation FIRST NATION On- Reserve Aboriginal Satellite Office Service provided by RCMP through satellite office on Reserve Reports to supervising detachment off-reserve RCMP non-aboriginal members RCMP Aboriginal members Saddle Lake On- Reserve Aboriginal Work Station Service provided by RCMP through workstation by officers situated off- Reserve Reports to supervising detachment off-reserve RCMP non-aboriginal members RCMP Aboriginal members Indian Administered Police Service With Support Arrangement Operates in cooperation with a nearby police service Coordinates some operational and administrative activities First Nations' Officers RCMP non-aboriginal RCMP Aboriginal Alexis Full Service Indian Administered Provides all policing services Accountable to a local police commission Provides its own administration and organizational structure First Nations' Officers Louis Bull Full Service Indian Administered (Regional Model) Provides all policing services to a number of Indian communities in a geographic region First Nations' Officers Lesser Slave Lake Regional Fort Vermilion Fort Chipewyan Alexander Whitefish Lake Blood Tribe Hobbema Funding *Alberta/ Canada 70%/30%* for non- Aboriginal members and 54%/46%* for RCMP Aboriginal members OR 48%/52%* for RCMP Aboriginal members if under Framework Agreement OR 48%/52%* if detachment provides service primarily to Desmarais (Wabasca) Peigan 50% Aboriginal to qualify for 48%/52%* funding for non- Aboriginal members OR 48%/52%* for RCMP Aboriginal members if under Framework Agreement Must have a plan to reach 100% Aboriginal members 50% Aboriginal to qualify for 48%/52%* funding for non- Aboriginal members OR 48%/52%* for RCMP Aboriginal members if under Framework Agreement Must have a plan to reach 100% Aboriginal members Aboriginal Officers 48%/52%* if under Framework Agreement North Peace 48%/52%* for all Officers assigned to project May also be between Municipal Police Service and First Nation Protocol arrangement required Must be 50% Aboriginal Siksika Nation 48%/52%* for all First Nation Officers Canada, Alberta fund to level of service provided to similarly situated communities First Nation may add extra officers Must be 50% Aboriginal 48%/52%* for all First Nation Officers Canada, Alberta fund to level of service provided to similarly situated communities First Nation may add extra officers Must be 50% Aboriginal file:////edmcorpfilebr02/csshared$/solicitor General/Information Technolo.../PUBLICATIONS/publications/first_nations_police_service_review/index.html (6 of 13) [2/11/2008 2:45:37 PM]

7 Indian Reserves Must have a plan to reach 100% Aboriginal members Policing Responsibility RCMP RCMP RCMP RCMP RCMP/Municipal Police Service (overall) First Nation responsible for its own officers Type of Agreement Provincial Police Service Agreement Framework Agreement (RCMP - FNCPS) Framework Agreement (RCMP - FNCPS) Framework Agreement (RCMP - FNCPS) First Nation Tripartite Agreement Tripartite Agreement Tripartite Agreement First Nation ILLUSTRATION II First Nation Police Service Status of Tripartite POLICING PROFILE 97/98 Funding COMMUNITY PROFILE Number of Police Officers funded by Alberta/Canada Approximate Location Reserve Area (Hectares) Population Policing Agreement (48% Alberta (On Reserve Dec. '97) (Policing Model) Alexis First Nation Signed % Canada) Indian Register: DIAND $158,000 2 officers 70km NW of Edmonton 6, Blood Tribe Signed 1995 (Full Policing Responsibility) $1,496, officers Between Lethbridge and Cardston Blood ,195.6 Blood 148A- 1, ,831 Total 143,167.3 Hobbema 2N Signed 1995 $632,000 8 officers Ermineskin - 13km S of Wetaskiwin Ermineskin - 10,295.8 Ermineskin 2,090 (Ermineskin/Montana First Nations) Montana - 24km S of Wetaskiwin Montana - 2,824.8 Montana 496 Lesser Slave Lake Regional Indian Council Signed 1995 Total 13,120.6 Total 2,586 $900, officers Peace River Area 33, ,756 Louis Bull Band Signed 1995 $315,000 4 officers 16km SW of Wetaskiwin 3, ,133 (Full Policing Responsibility) North Peace Tribal Council Signed 1997 $249,000 3 officers Little Red River - 60km E of Ft. Vermilion Little Red River 24,472.3 Little Red River 2,323 (RCMP Partnership) Tallcree - 50 km SE Ft. Vermilion Tallcree 9,206.0 Tallcree 403 Siksika Nation Signed Signed 1997 Total 33,678.3 Total 2,726 $802, officers 110km E of Calgary 70, ,115 Tsuu T'ina Nation Signed 1997 $395,000 5 officers SW Border of Calgary 27, ,028 Whitefish Lake First Nation Signed 1995 $158,000 2 officers 80km NE of High Prairie 4, Woodland Cree First Nation Signed 1995 $158,000 2 officers Cadotte Lake 39, file:////edmcorpfilebr02/csshared$/solicitor General/Information Technolo.../PUBLICATIONS/publications/first_nations_police_service_review/index.html (7 of 13) [2/11/2008 2:45:37 PM]

8 OVERALL SYNOPSIS Based upon their own observations, input from various other sources and stakeholder responses to the discussion paper, the participants in this review have come to the conclusion that First Nations police services in Alberta are in some cases not providing a satisfactory level of policing to meet the needs of their communities. Some of the policing programs already in place cannot be carried out properly due to high attrition rates, low morale, inferior leadership/management, and an array of organizational problems within the police services themselves. Review findings suggest that in some cases Reserve residents generally are not satisfied with, and lack confidence in their First Nations police service and the individual officers who staff them. There is a greater need for appropriate "controls, conformance and accountability." It is however, important to note that several First Nations police services are still developing. In some instances, First Nations police services have developed adequately and are performing without significant difficulties. Unfortunately, this situation is not generally the norm. It is noteworthy that those programs achieving satisfactory acceptance and providing adequate service are those which have established and maintained a close, sound and complementary working relationship with the RCMP. The problematic issues identified include: program issues: lack of available qualified on-reserve police candidates; inadequate selection standards, insufficient basic recruit training and recruit field training and virtually nonexistent in-service training; inadequate leadership and management practices in some cases; in some instances there may be inappropriate use of policing funds and local political interference; low salaries, limited benefits and career mobility; difficulties in policing home reserves; and in some cases inadequate facilities. inability of police officers to adequately investigate criminal offences and prepare and present cases for prosecution; low community satisfaction and confidence regarding police officer knowledge, skills, abilities and, in some cases, fairness and partiality; lack of effective crime prevention; uncertainty and ambivalence regarding program objectives, roles, responsibilities and accountability; and disagreement and uncertainty regarding appropriate funding levels. RECRUITMENT, SELECTION AND TRAINING Recruitment, selection and training are generally acknowledged as the key elements in determining the longterm effectiveness of a police service. A significant number of the operational concerns identified in this review reflect shortcomings in these key areas among First Nations police services. Until these issues are addressed and resolved, First Nations police services will continue to suffer as a result of being staffed by unsuitable personnel, and from insufficient training both at the recruit and in-service/advanced level. It is only when solutions to these problems are found that acceptable levels of policing, comparable to other police services in the province, can be achieved. There was very strong feedback indicating that: - there are not enough available qualified on-reserve police candidates; - there is keen competition for qualified candidates; - selection standards are too low; - sometimes there is political interference in the selection process; - basic recruit training and recruit field training require improvement; - there is virtually no in-service, roll-call or advanced training being utilized; - a number of officers are personally unsuitable, many were poorly trained and very few have received file:////edmcorpfilebr02/csshared$/solicitor General/Information Technolo.../PUBLICATIONS/publications/first_nations_police_service_review/index.html (8 of 13) [2/11/2008 2:45:37 PM]

9 appropriate ongoing training. There is no formal job development or pre-employment program to prepare potential First Nations recruits for a career in policing. The RCMP and municipal police services have offered free or very reasonably priced training to First Nations police services, however, these opportunities are seldom utilized. The incorporation of "scenarios" into basic recruit training and the establishment of a training advisory committee, comprised of the Chiefs of Police, are viewed as positive advances. Recommendation #1: Programs, including a bursary program, should be developed to identify, assist and encourage First Nations individuals interested in a policing career. Commentary: Such a program would provide opportunities for the recruitment and development of interested candidates from the Reserves. Recommendation #2: Selection standards and recruit training should be thoroughly reviewed and restructured if necessary. Commentary: A provincial steering committee on the "Standardization of Recruitment, Selection and Training is currently working to develop provincial recruitment, selection and training standards for Municipal and First Nations police services in Alberta. The committee will also review the possibility of a single site training centre. A standard basic training curriculum will be developed. Recommendation #3: Formalized in-service, roll-call and advanced training should be developed and delivered on an ongoing basis. Commentary: Currently, there is little formal training beyond recruit training. It is highly unlikely that most officers are current with new laws, revisions in police procedures, rules and regulations and, most critically from a liability perspective, firearms re-qualification and the use of force. There is no formal police supervision/management training. TRAINING FOR CHANGE In a police service, the human resource is the most important resource. There are limited options available to police services as they strive to shape this crucial resource. It is essential that the police services know at the outset what traits they are looking for in their officers. They must then know how they intend to develop these traits so that the end product is a competent and reliable peace officer. It is through appropriate recruitment, selection and training that the attitudes, values and skills of a police service are developed, changed and shaped. COMMUNITY SATISFACTION AND CONFIDENCE Generally, there is a lack of community satisfaction with, and confidence in, the policing provided by First Nations police services. Commonly identified problems include poor response times, little or no community contact, a lack of preventative policing and programs, as well as a sense that the officers themselves lack the knowledge, skills, and abilities necessary to function effectively. Further issues were raised with respect to the degree of impartiality and fairness present when enforcing the law. Notwithstanding these difficulties, representatives from the First Nations expressed a desire for continued involvement in a variety of existing community based policing arrangements. There was also a recognition that it was vital to maintain, or even increase, the involvement of the RCMP in the delivery of First Nations policing services. file:////edmcorpfilebr02/csshared$/solicitor General/Information Technolo.../PUBLICATIONS/publications/first_nations_police_service_review/index.html (9 of 13) [2/11/2008 2:45:37 PM]

10 Communities expressed varying degrees of satisfaction and confidence in their police service. "Older" police services and those operating without the day-to-day involvement and support of the RCMP expressed the lowest levels of satisfaction and confidence. Some police services are experiencing disturbingly low levels of community approval. A number of First Nations police managers and supervisors reported that the communities do not have much faith in their police service. Police Commissions advised of concerns regarding community satisfaction and confidence. There were reports of administrators and police commission members neglecting their own police service and specifically requesting the RCMP when they require police services. There has been strong community opposition when RCMP members are displaced in favour of First Nations police service members. There is a concern that the quality of policing will drop. An unusually high percentage of First Nations police officers have been the subject of criminal charges and disciplinary allegations. Crown Prosecutors advised that, given the poor quality of investigations and court preparation and presentation, it is inconceivable that the community has much confidence in their police services. Recommendation #4: The issue of community satisfaction and confidence needs ongoing examination on a community-by-community basis by First Nations police commissions and police services. Commentary: Some of the feedback from communities served by First Nations policing was disturbing. There is information indicating that some communities are experiencing low levels of community satisfaction and confidence. Some residents have adamantly called for the return of the RCMP, or at the very least, a greater RCMP presence. Further examination of this issue is required. COMMUNITY EXPECTATIONS Reserve residents expect and deserve the same dependable policing from their police services as other Albertans expect from the RCMP and the various municipal police services upon whom they rely. Often the complaints, concerns and criticisms of police service voiced by Reserve residents mirrored the views expressed by other Albertans about their police service. But the degree to which First Nations police services were successful in addressing these concerns was far below that of other police services. Without losing sight of the special needs and aspirations of First Nations communities, it is important that the present operational deficiencies be specifically addressed in a meaningful way. MANAGEMENT AND ACCOUNTABILITY Confusion, ambivalence and inconsistency regarding roles, responsibilities and accountability coupled with inadequate planning and sequencing have created significant difficulties in the development of First Nations' police services. An unfortunate characteristic of police administration has been brush fire management interspersed with temporary breathing room in which to manoeuvre from one crisis to the next. There is a need for accepted police expertise and effective planning, direction and "controls, conformance and accountability" at the local and provincial level. The Alberta Association of First Nations' Chiefs of Police strongly advocated a more assertive role by Alberta and Canada to ensure community compliance with Tripartite Policing Agreements and the provision of a satisfactory level of policing. There is a greater need for police experience and police management knowledge at the provincial and local levels. There is undue role confusion, interference and, at times, rejection of responsibilities by Chiefs and Council, file:////edmcorpfilebr02/csshared$/solicitor General/Information Technol...PUBLICATIONS/publications/first_nations_police_service_review/index.html (10 of 13) [2/11/2008 2:45:37 PM]

11 Police Commissions and Chiefs of Police. Often, unless RCMP assistance is utilized, programs lack and have difficulty attracting competent supervisors and managers. This results in poor supervision and management practices. (eg. appropriate job descriptions, performance evaluations, audits, and formalized policy and procedure.) However, since the initial consultations were done for this report several First Nations police commissions have hired experienced police officers into management and supervisory positions. There is little meaningful strategic planning for First Nations police services at the local and provincial levels. Police Commissions often lack a clear understanding of their role. For example, there is some confusion with regard to policing development and program administration. There are difficulties in attracting and retaining Commission members. Recommendation #5: A provincial and federal representative should attend First Nation police commission meetings as frequently as possible, particularly during the early developmental stages of the police commission and police service. Commentary: This recommendation facilitates ongoing guidance and support. Recommendation #6: In addition to their annual progress reports, all First Nations police commissions and police services should develop and submit to the Alberta Minister of Justice and Attorney General three year business plans, updated each year. Commentary: The planning process is essential for effective management at the local and provincial level. Recommendation #7: Annual "financial audits" on all First Nations police services required under the Tripartite Policing Agreements should be carefully monitored by the First Nations, Alberta and Canada. Commentary: A common management practice to ensure sound financial control is exercised. Recommendation #8: The Public Security Division should establish a position of Manager, First Nations Policing. A full-time person with extensive police experience was hired in February This recommendation has been complied with. Commentary: A full-time position, staffed by a person with extensive administrative and operational police experience, is required to provide adequate support, direction and coordination of programs and realize sustainable change as recommended in this review. FINDING THE BALANCE Recommendations 5 through 8 focus on issues of police "controls, conformance and accountability" at the local and provincial levels. Some First Nations may favour more local control. However, given the present state of First Nations police services, greater centralized planning, guidance and direction are necessary. As community confidence is regained and sound police management developed, increased flexibility, innovation and latitude will naturally follow. PROGRAM FUNDING Representatives from Alberta First Nations, Solicitor General Canada and Alberta Justice are presently conducting a First Nations Police Services Funding Review. As such, this review will make no recommendations regarding the level of funding. It will, however, focus on funding in a general context and its impact on the provision of a satisfactory level of policing. The average per officer cost for First Nations police services (approximately $79,000) is based on the provincial cost (70%) of an RCMP officer under the Provincial Police Service Agreement. First Nations police services have more officers per capita, larger per capita budgets and generally comparable criminal caseloads per officer relative to other police services in the province. file:////edmcorpfilebr02/csshared$/solicitor General/Information Technol...PUBLICATIONS/publications/first_nations_police_service_review/index.html (11 of 13) [2/11/2008 2:45:37 PM]

12 Acknowledging that great caution needs to be exercised in interpreting cost comparisons, it would appear that First Nations police services are generally receiving appropriate funds to provide a satisfactory level of policing within the intent and spirit of Tripartite Policing Agreements. Specifically, there is generally sufficient funding for program administration (including police commissions), recruitment, limited training and development, salaries and benefits and other operational expenditures (funding is not intended to provide for major capital investments). Presently, provincial funding for First Nations police services is obtained by transferring funds from the RCMP provincial policing budget. This can only be done when RCMP members are displaced from the Provincial Police Service. This process is problematic. Comments pertaining to the level of funding varied greatly. Almost all Band Administrators, Chiefs of Police, Police Commissions and community representatives felt that funding was inadequate. Government representatives maintained that funding was adequate and RCMP representatives offered mixed opinions. The practice of funding First Nations policing at the expense of RCMP provincial positions poses three difficulties: - despite expressed support for First Nations policing by RCMP management, "buy-in" at the operational level for program development is mixed; - slow development of the projects and community aversion to "give up" RCMP positions for First Nations officers has made the displacement process more difficult; and - hinging new funding on the displacement process provides little flexibility for planning. There is difficulty in accessing funds for capital investments, particularly for police facilities. Recommendation #9: Provincial funding for First Nations police services should not be totally dependent on the displacement of RCMP officers. Commentary: Funding for projects should be secured through the Alberta Justice business planning process. First Nations policing priorities and expansion plans, given current and forecasted fiscal realities, should be determined and clearly articulated. Recommendation #10: Canada, through the Department of Indian Affairs and Northern Development (DIAND), should be encouraged to provide capital funding for the construction of police facilities. POLICING OPTIONS/JURISDICTION Detailed hereafter are some general concerns regarding program options and development. A policing option is required for First Nations that wish to have more control of their policing but want to retain the services of the RCMP through a Community Tripartite Agreement which provides for a local Police Management Board. The RCMP First Nations Community Police Service (RCMP-FNCPS) Agreement provides this option by requiring a specified resource commitment by the RCMP as well as the establishment of and funding for a local Police Management Board. RCMP representatives felt that they have been left out of policing discussions with First Nations. They expressed a strong desire to "compete" for policing on Reserves. There was widespread support for the "regionalization" of policing arrangements by geographical area, Tribal Council or Treaty. The pursuit of "stand-alone" status on the part of very small First Nations police services is unreasonable. file:////edmcorpfilebr02/csshared$/solicitor General/Information Technol...PUBLICATIONS/publications/first_nations_police_service_review/index.html (12 of 13) [2/11/2008 2:45:37 PM]

13 First Nations police services do not have authorization to police provincial highways running through or adjacent to their Reserves. From a community and operational policing perspective, this restriction is problematic. Recommendation #11: Alberta and Canada should conclude the RCMP First Nations Community Police Service (RCMP-FNCPS) Agreement to provide First Nations with the option of entering into Community Tripartite Agreements and establishing local Police Management Boards. Commentary: Presently there are about 32 aboriginal RCMP-FNCPS officers working in aboriginal communities in Alberta. Under the previous agreement, which has expired, the RCMP were often linked to the community via a Community Advisory Committee. The new RCMP-FNCPS Agreement would provide for a more formalized relationship through the signing of the Community Tripartite Agreement and establishing a local Police Management Board. This mechanism, in light of the findings and recommendations of this review, represents another viable option for First Nations. RCMP-FNCPS will provide "breathing room" during any delay of new projects and an excellent vehicle in which to educate the community about policing issues, via the local Police Management Board. Recommendation #12: The RCMP should continue to be involved in all discussions among Canada, Alberta and First Nations regarding policing of First Nations. Recommendation #13: First Nations, Canada and Alberta should encourage the "regionalization" of existing and new police services. Commentary: There are several situations where regionalization should occur. Some of the difficulties identified in this review would be minimized and greater economies of scale would be realized with regional models. Recommendation #14: The proposed pilot project for the policing of identified provincial highways by the Kee Tas Kee Now Police Service should proceed. Commentary: Agreement has been reached by the Chiefs of Police, Police Commissions, Public Security Division and the RCMP, and the pilot project is being implemented. Given the special circumstances and requirements of the Reserves, the pilot project is necessary to accurately assess this issue. CONCLUSION-MOVING FORWARD This review and its findings come at a pivotal time in the development of First Nations policing in Alberta. The road to providing truly effective policing in First Nation communities is still being paved. Although there are bright and promising sights along this road, it remains a long way from completion. First Nations policing services are in need of constructive critical examination to enable them to improve their effectiveness sufficiently to allow for their continued presence into the next century. The communities they serve must have confidence in their ability to provide protection and security and assist in community building. While shortcomings and difficulties in the development and implementation have been identified, the review did not find evidence to support the notion that First Nations police services may not be viable or relevant. First Nations policing is relevant. Every effort must be made to ensure its survival. Alberta Index Justice Home Page News Releases Top of Page Comments regarding presentation should be forwarded to WebEditor@gov.ab.ca Technical and service related questions should be forwarded to WebMaster@gov.ab.ca Copyright 1998 Government of Alberta file:////edmcorpfilebr02/csshared$/solicitor General/Information Technol...PUBLICATIONS/publications/first_nations_police_service_review/index.html (13 of 13) [2/11/2008 2:45:37 PM]