Community Policing in Canada s First Nations Communities from Self- Administered First Nations Policing Services An Overview. Montreal, Quebec March 29, 2011 Chief Stan C. Grier, President First Nations Chiefs of Police Association (FNCPA) Tsuu T ina Nation Police Service (Alberta) 1
Historical Background: In the period of pre-contact, non-aboriginal and Aboriginal societies were separated by an expansive body of water and therefore, were unaware of the existence of other cultures to the west and east. During the pre-colonial period in North America, Aboriginal societies had their own justice systems and developed their own methods for maintaining social order. These justice systems differed from one community to the next and took on various forms depending on the type of community in which it was applied. Some communities had justice systems that were more fluid, given the more nomadic nature of some Communities, while others, such as the Iroquois in Ontario (and New York State), were more highly Structured given the more permanent nature of their communities. There appeared however, that there were common cultural perceptions among the First Nations, specifically as it related to ones relationship with the Creator: 2
Historical Background: What was clear across Canada in pre-contact times, is that justice and dispute resolution systems adopted by Aboriginal peoples were firmly rooted in our cultural values, and were considered inseparable from all aspects of life. Aboriginal cultures are non-anglo-european. We do not embrace rigid separation of the religious or spiritual and the political. We have extended kinship networks. Our relations are premised on sets of responsibilities (instead of rights) among individuals, the people collectively and toward the land. Our cultures do not embrace discipline and punishment as organizing principles in the same fashion as Anglo-European peoples do. Aboriginal peoples live with a basic connection to the natural order, which we see as the natural law. This means that family connections, i.e. natural connections, are more important in controlling anti-social behavior. The lessons offered by a family member, particularly if that person is an Elder, are more significant than any other type of correctional interaction. The personal, family interaction is the consensual social fabric of Aboriginal communities. 3
Historical Background: In the Aboriginal belief good government was viewed as a spiritual compact, Equality was derived from the Creator s founding prescription, and the good order that promoted harmony had a source and sanction outside the individual and the tribe. It was the handiwork of the Creator. Individuals who lived according to the customs of their society were rewarded with the esteem of others and were honoured. Elders were key to traditional Native societies as they are the link to the past, replete With knowledge and teachings for the younger generations. As noted by Justice Murray Sinclair, it was the memories of the Elders that constituted the unwritten basis for Aboriginal customary law, and the means for its interpretation and application. 4
Historical Background: First Nations do not adhere to a single worldview or moral code, there are nonetheless commonalities in the approach of all First Nations to justice issues. Justice Systems from the perspective of First Nations is more than a set of rules or institutions to regulate individual conduct or to prescribe procedures to achieve justice in the abstract: Justice refers instead to an aspect of the natural order in which everyone and everything stands in relation to one another. Aboriginal concept of justice is closely connected to social, political and spiritual life. 5
Policing Systems: First Nations People in Canada had traditionally been organized in a variety of small-scale Communities, where interaction took place in both formal and informal settings. The values held by these communities largely determined the community s concept of order, which, in turn, provided the basis for mechanisms of social control within the community. Community members who transgressed the moral and social order, social control or policing mechanisms did exist in traditional Aboriginal society to enforce values. 6
Policing Systems: Today aboriginal communities are able to police themselves through informal social control mechanisms and institutions, even where the policing and adjudication processes are more formal, the object of the community is still to impress upon the offender the importance of right behavior, rather then the imposition of any sanction. Prior to the signing of Treaties, our ancestors had their own laws and maintained for themselves order in their societies. The treaties confirm we have authority and responsibility to maintain peace and good order among ourselves and on our lands. They solemnly confirm what already existed. The provisions to maintain peace and good order between each other in the Treaties, clearly recognizes and protects our rights to maintain peace and order in our communities. The treaties do not take away or limit our right to keep our own forms of law and order among ourselves. 7
Aboriginal traditions: Aboriginal peoples in Canada have also contributed to our legal system. Aboriginal rights and treaty rights are recognized and protected under the Canadian Constitution. Aboriginal rights are those related to the historical occupancy and use of the land by Aboriginal peoples; treaty rights are those set out in treaties entered into by the Crown and a particular group of Aboriginal people. Reserves, for example, are the responsibility of the federal government. Aboriginal customs and traditions have also contributed to new ways of dealing with people, such as healing and sentencing circles, community justice and restorative justice. 8
Aboriginal rights: A number of provisions in the Canadian Charter, and elsewhere in the Constitution, specifically protect the rights of the Aboriginal peoples (Indian, Inuit, and Métis) of Canada. These provisions recognize and protect the Aboriginal and treaty rights of Aboriginal peoples and help Aboriginal peoples preserve our cultures, identities, customs, traditions and languages. The Canadian Charter specifically states that the rights and freedoms it guarantees cannot be used to take away any rights that Aboriginal peoples now have or may acquire in the future (for example, from the settlement of land claims). 9
First Nations Policing Program: Through the First Nations Policing Program (FNPP), Public Safety Canada provides funding to support policing services in First Nations and Inuit communities that are dedicated, culturally appropriate, and accountable to the communities they serve. Funding for the FNPP is cost-shared between the federal government (52%) and provincial/territorial governments (48%). As of early winter 2010, under the FNPP, there were over 400 First Nations and Inuit communities in Canada with dedicated policing services employing over 1,200 police officers. History of the FNPP: The FNPP is a contribution program implemented in June 1991, in consultation with provinces, territories, and First Nation organizations, following the 1990 Task Force Report entitled Indian Policing Policy Review. The goal of the program is to enhance policing in First Nation and Inuit communities. Public Safety Canada, formerly the Department of the Solicitor General of Canada, assumed responsibility for the program from Indian and Northern Affairs Canada in 1992. The Aboriginal Policing Directorate of Public Safety Canada is responsible for the administration of the FNPP. Under the FNPP, the federal government, provincial/territorial governments, and First Nation and Inuit communities work together to negotiate tripartite agreements for policing services that meet the needs of these communities. It is the foundation for public safety in First Nations communities and is critical for social and economic development. 10
Agreement Definitions: 1. RCMP Community Tripartite Agreement: Negotiated by three (3) parties including the federal government, the province or territory in which the First Nation is located and the governing body of the First Nation. Under such agreements, the First Nation has its own dedicated contingent of officers from an existing police service. 1. First Nations Self-Administered Police Service: A Self-Administered FNPP Agreement is negotiated between Canada, the participating province or territory, and the First Nation community. In these arrangements, the First Nation manages its own police service under provincial legislation. 1. Framework Agreements: Framework agreements are bilateral agreements signed by Canada and participating provinces and territories. These agreements provide the administrative and financial framework for individual Community Tripartite Agreements (CTAs). 11
TRIPARTITE POLICING AGREEMENTS: 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 Nations police services. 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. 12
Types of First Nations Policing Policy Agreements: 117 Community Tripartite Agreements with RCMP 54 Self-Administered Police Services 9 RCMP Framework Agreements 3 Municipal Quadripartite Agreements BCP 135 Officers in 50 First Nations Aboriginal Community Constable Program 78 Officers Regional Police Services: Kativik (Quebec) James Bay Cree (Quebec) Ontario First Nations Policing Agreement (Ontario) Nishnawbe-Aski Nation (Ontario) Lakeshore Regional Police Service (Alberta) Treaty Three (Ontario) Anishinabek (Ontario) 13
Standard Policing Services: 1. Maintaining peace and good order; 2. Protecting life and property; 3. Preventing crime and unlawful activity; 4. Investigating crime and other activities requiring police intervention; 5. Apprehending offenders; and, 6. Executing warrants and court documents and providing other service to courts 14
Self-Administered First Nation Police Viability: Services across Canada are viable and essential factors in the maintenance and delivery of Peace and Good Order in the affected First Nations Communities. The global events relative to security and policing, post September 11, 2001(911) have impacted upon law enforcement agencies to review their level of preparedness. Canada has become an aged population dealing with attrition effecting every sector of society, including police services. Attrition and retention issues have also impacted upon First Nation Self-Administered Police Services across Canada. Wage parity and equity has been disproportionate across Canada, with only the Province of Ontario First Nation Police Service receiving a more equitable level of Wage Parity and Resources to those of mainstream Ontario Policing Agencies. 15
Growth in Population: There is an increase in the population of First Nations communities. According to Statistics Canada, Aboriginal population growth is outpacing the rest of Canada by 3.5 times. The median age of the Indian population in 2010 was 25, compared to the median age of the non-aboriginal population of 40. More than half of people in First Nations communities are school age or under the age of 25. * Statistics Canada (2006) Aboriginal People in Canada 2006: Inuit, Métis, and First Nations, 2006 Census. Catalogue no. 97-558-XIE 16
Crime Patterns: The implementation of several initiatives, including Public Safety Canada s First Nations Organized Crime Initiative that assists First Nations police services in addressing organized crime and crossborder criminality. Increase in aboriginal gangs in First Nations communities. Increase in such crimes as elder abuse. Increase in victims of crimes. The need to provide crime-control strategies that include prevention and working in partnership with others to address social problems in the communities. Impact on resources in terms of enforcing band by-laws. * Claudette Dumont-Smith (2002) Aboriginal Elder Abuse in Canada. * See Jan Dickson-Gilmore (2007) Aboriginal Communities and Crime Prevention: Confronting the Challenges of Organized Crime, IPC Review Vol: 1, (March) pp: 89-110 17
Public Safety Challenges: Increase in Youth Crime that have major implications and which relate to gang affiliation with more violence and drug use. Prescription drug abuse has become more dominant than street drugs like cocaine in many First Nation/Aboriginal Communities, particularly in the Northern Communities. OxyContin is the drug of choice and in some isolated communities along with Crystal Meth, yet, bootlegging of alcohol is still quite problematic in some First Nations/Aboriginal Communities. Missing and Murdered Aboriginal Women, which the Native Women s Association of Canada (NWAC) estimates at approximately (582) have gone missing or were murdered. This is a concern to the First Nation and Aboriginal Community across the country. 18
Public Safety Challenges: Growing gang affiliations of aboriginal peoples, both within the rural and urban communities, which leads to increased drug use and crime. Tobacco Smuggling continues to be a concern, particularly in First Nations Communities, and the communities resist efforts by police to enforce Tobacco Smuggling. Public Protests in various regions of the country involving First Nation/Aboriginal Peoples. Police have learned lessons from protest investigations. The police will not be taking action unless there is a court order and there is a degree of public safety public safety is the trigger. Police have to be aware of primary issue(s) when it comes to disputes, which are mostly of land claims but also include issues surrounding Natural Resources and Pipelines, etc. Post Traumatic Stress Disorder (PTSD) is becoming more of an issue for officers who live in a world of violence and death, often self inflicted, and First Nations Police Officers appear to be subjected by greater occurrences. 19
Human Resource Challenges: Recruiting and Retaining qualified police officers is an ongoing issue compared to Mainstream police services. This is primarily due to the disparity in Wage, Compensation and Pension inequity. Mainstream police officers retire with an 80% factor (age & service combined = 80), however most First Nations police officers have to satisfy a 90 %factor (age & service combined = 90). However, some First Nations police services either have no pension or minimal pension for their police officers. In the province of Quebec the average wage for a First Nations 1 st Class Constable is $35,000.00 per annum, with the Chiefs of Police/Police Directors are approximately $52,000.00 per annum. Canada has an aged population but in a contrast, First Nations enjoy a younger population. Approximately 60% of On-Reserve residents are under the age of 25-years of age. However, in First Nations Police Services many senior FN officers are leaving policing for various reasons, including retirement/resignation and employment inequities. Due to the inequities noted in bullet #2 above, there is a gap in officers available to fill these roles as First Nations Police Service experience great challenges in Recruiting and Retaining interested and qualified First Nations persons to fill these vacancies. 20
Federal Government Policy Initiatives: Federal First Nations Policing Program (FNPP) - Comprehensive Review: The purpose of the comprehensive review was to examine key elements of the FNPP, including service delivery models, funding mechanisms, and potential revisions to the policy framework, and to develop recommendations pertaining to the sustainability, relevance and effectiveness of the FNPP. There were three main components of the FNPP Comprehensive Review, an independent evaluation of the FNPP, a broad engagement of partners and stakeholders and the development of options. The evaluation confirmed the funding elements of the FNPP remain relevant and that the FNPP was in line with government priorities. As well, the federal government should, assist with strengthening community governance, provide more training for management boards, that the policing agreements have meaningful measurable performance goals, and that measures be taken to assess whether the objectives of the FNPP are achieved effectively and efficiently through innovative service delivery approaches proposed by partners. Other findings from the comprehensive review included the need for sustainable and appropriate funding levels for FNPP agreements, the need for adequate policing infrastructure in First Nations, there was strong support for expanding the FNPP to the Territories and the need to maximize program effectiveness through innovative service delivery models proposed by funding partners and stakeholders. 21
Federal Government Policy Initiatives: At a meeting in Vancouver, B.C. in October, Provincial and Territorial Ministers expressed their support for the review and the need for a strong federal role in First Nations policing. Provinces and Territories also expressed their desire for greater program flexibility, greater predictability of federal funding and longer-term agreements. Territories underscored their interest in partnering with the federal government to improve the quality of policing services to First Nations and Inuit citizens in the North. First Nations Governance: On the ground, First Nations Police Services perform under the same authorities and mandate as Mainstream Police Services, however, in some instances elected First Nation/Aboriginal Leaders have, at times, interfered with the policing operations within their communities which has contributed to varying degrees of conflict. It is important that Chiefs and Councils remain at Arms Length of day-to-day policing operations in order that the police are able to perform their duties and to fulfill their mandate. This is does not preclude their involvement in developing accepted civilian oversight process for matters relating to public complaints. 22
Community Restorative Justice: The Peacemaker Program: Peacemakers have been part of First Nations justice systems since time immemorial. In the modern era, peacemakers have been part of the Judicial Branch as guides in traditional dispute resolution. Peacemaking is one of the most renowned restorative justice programs in the world. Neither mediation nor alternative dispute resolution, it has been called a horizontal system of justice because all participants are treated as equals with the purpose of preserving ongoing relationships and restoring harmony among involved parties. In peacemaking there is no coercion, and there are no sides. No one is labeled the offender or the victim, the plaintiff or the defendant. Peacemakers are directed by First Nation to offer traditional counseling, education and advice to the Court, Crown Counsel and judges and the general public. Peacemakers are the institutional keepers of the methods and principles of original dispute resolution, culture and tradition in our justice system. There is no division of spaces between the sacred and the non-sacred. Not only human beings but all things in life are connected and interact according to a natural order. We not only observe this connection, but live in accordance with it based on a premise similar to the law and rules that are learned in modern society. We are concerned with the here and now, and with keeping the world in balance. This is the focus of our traditional teachings. 23
Contact Information: CHIEF STAN C. GRIER, PRESIDENT FIRST NATIONS CHIEFS OF POLICE ASSOCIATION (FNCPA) C/O, TSUU T INA NATION POLICE SERVIC 9911 CHIILA BOULEVARD TSUU T INA, ALBERTA T2W 6H6 TELEPHONE: (403) 251-9660 FAX: (403) 238-4075 EMAIL: stan.grier@tsuutinapolice.com 24