Summary of the 2022 Federal Engagement on First Nations Police Services Legislation
What We Heard Report

Summary of the 2022 Federal Engagement on First Nations Police Services Legislation What We Heard Report Summary of the 2022 Federal Engagement on First Nations Police Services Legislation What We Heard Report PDF Version (413 Kb)

Context

First Nations police services in Canada all receive financial support through the First Nations and Inuit Policing Program (FNIPP), a discretionary contribution program created in 1991 that provides federal funding to support professional, dedicated and culturally responsive policing services eligible for First Nations and Inuit communities. Under the FNIPP, eligible costs are shared with the provinces and territories in accordance with a 52% federal and 48% provincial/territorial cost-share ratio. For many years, First Nations police services have faced significant challenges and financial obstacles in being able to deliver adequate and culturally appropriate policing services in part due to the limitations of the FNIPP.

As a result, First Nations have long called for reform to how First Nations police services are funded and have advocated for federal legislation that recognizes First Nations policing as an essential service. These calls for reform were heightened with the release of the Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls, which included Call for Justice 5.4 to reform the delivery of policing services in Indigenous communities.

Budget 2021 provided $43.7 million over five years, beginning in 2021-2022, to co-develop a legislative framework that recognizes First Nations policing as an essential service. The Federal Pathway to Address Missing and Murdered Indigenous Women, Girls and 2SLGBTQQIA+ People reiterated the commitment to co-develop a legislative framework. In his December 2021 Mandate Letter, the Minister of Public Safety was mandated to "continue to work with First Nations partners to co-develop a legislative framework for First Nations policing" with the support of the Minister of Indigenous Services and the Minister of Crown-Indigenous Relations.

On March 21, 2022, the Minister of Public Safety Marco Mendicino, supported by the Minister of Indigenous Services Patty Hajdu, and the Minister of Crown-Indigenous Relations Marc Miller, launched the Government of Canada's engagement process to help inform the co-development of federal First Nations police services legislation.

This report provides a summary of the engagement approach, the issues and considerations heard throughout the engagement and the next steps in the process. We invite you to share your feedback on this report, including any information we may have missed or any additional comments you may wish to provide, to the following email address: indigenouspolicing-policeautochtones@ps-sp.gc.ca.

Acknowledgement

We would like to acknowledge Elders Dan Smoke, Mary Lou Smoke and Paul Arthur McKenzie for their significant gifts and talents that contributed to the engagement process. Their wisdom and knowledge of First Nations values, stories, and histories helped shape discussions and brought to light issues that were shared by participants through the virtual engagement sessions.

The Approach

In December 2021, Public Safety Canada and Indigenous Services Canada hosted three pre-engagement sessions with a number of First Nations, representatives from First Nations police services, provinces and territories, and other organizations to seek views on an engagement approach to inform a federal First Nations police services legislation, as well as the potential engagement themes and questions. Participants shared that discussions should focus on the development of federal legislation and not to revisit concerns with the First Nations and Inuit Policing Program (FNIPP), which were raised during the 2016 engagement on the FNIPP. We also heard that participants wanted to have rich conversations on the roles of First Nations, Canada and provinces/territories in supporting First Nations police services. These views shaped the following three themes and the development of contextual information intended to inform discussions:

  1. First Nations Police Services as Essential Services
  2. First Nation, Provincial/Territorial, and Federal Roles in Supporting First Nations
  3. Funding First Nations Police Services

Prior to engagement, participants were provided with relevant background information and key questions to help guide discussions based on the above themes.

Engagement Process

Informed by what we heard during the pre-engagement sessions, Public Safety Canada launched an engagement process to inform the co-development of the First Nations police services legislation in March 2022. The engagement process consisted of: 13 professionally facilitated virtual engagement sessions, an online engagement platform and a generic email address to receive written comments/ submissions.

Public Safety Canada sent invitations to participate in the engagement process to over 1200 representatives on February 28, 2022. Representatives invited to participate in the engagement process were from: First Nations, First Nations organizations, First Nations police services, First Nations police boards/commissions, First Nations women's organizations, First Nations youth organizations, First Nations 2SLGBTQQIA+ people and organizations, subject matter experts and others. Participation varied across Canada, with the majority of participants being from Ontario, Quebec and British Columbia, followed by Saskatchewan, Manitoba, Alberta, Yukon, New Brunswick, Newfoundland and Labrador, Northwest Territories and Prince Edward Island, respectively. There were no participants from Nova Scotia or Nunavut. See Appendix A for the dates of the sessions and the breakdown of participants.

The Minister of Public Safety also sent letters to all modern treaty and self-governing agreement signatories signaling the desire to engage on a nation-to-nation, government-to-government basis on their policing priorities. Through the generic email address, Public Safety Canada also received requests from First Nations, First Nations organizations and First Nations police service organizations to meet and discuss their priorities for the federal legislation. As a result, government officials have had numerous bilateral conversations with First Nations and First Nations organizations on the federal legislation. As discussions continue, this report only reflects what has been heard to date.

We also wish to acknowledge that throughout this process Public Safety Canada has kept the Assembly of First Nations, provinces and territories, the First Nations Chiefs of Police Association and the First Nations Police Governance Council informed of progress. What we have heard through this engagement process will inform our collaborative work with these organizations going forward.

What We Heard

We thank all participants for their generous input. While some feedback was consistent across First Nations, other feedback was specific and unique to a community or region. Engagement participants raised many concerns with how policing is supported in First Nations today and put forward ideas for how the federal legislation could address these issues. The following is a summary of what was commonly heard.

While some participants expressed concern with the time it has taken to make progress on a First Nations police services legislation, other participants noted that the need to proceed quickly must be balanced with ensuring that First Nations are properly engaged and that a federal legislation meaningfully addresses the needs of First Nations and First Nations police services.

The Current State of First Nations Police Services

"FNIPP is breaking our officers who are working every single day… it is like driving a car with no brakes, air brakes, or turn signal. It's time to turn that car in".

Participants underscored the need for federal officials to understand the implications of using a program to fund First Nations police services. Participants were unanimous in their views that Canada's reliance on a discretionary program to fund an essential service like policing is inappropriate. Participants argued that not enough funding is available in the overall program budget to adequately support each First Nations police service to do their work and to meet the expectations of the communities served. As an example, representatives from First Nations police services highlighted that they do not have a sufficient number of officers to provide 24 hours a day / 7 days a week policing services and there have been several instances of police officers responding to incidents alone.

Participants also noted that the uncertainty with program funding leads to short-term contribution agreements which impedes long-term planning and contributes to organizational instability. As an example, representatives from First Nations police services raised that funding uncertainties makes it difficult to recruit and retain officers who are looking to develop long-term careers in policing.

While the lack of funding was the most common complaint about the program, participants noted that the program's Terms and Conditions (which govern what expenditures are eligible for program funding) do not allow for the provision of funding for all police service operations (such as specialized policing services). Participants also noted that First Nations and First Nations police service leadership often have limited influence over the funding allocated by Canada and the applicable province. As a result, participants argued that First Nations police service budgets are primarily dictated by available funding and not by the needs of the First Nations police service and communities served.

Despite the limitations of the FNIPP, many participants highlighted the importance of their First Nations police service to community safety and wellbeing. Participants acknowledged the challenge that First Nations police services face in providing culturally-relevant policing, often to several communities spread out over large geographies. It was also highlighted that in many communities there are significant community safety and wellbeing challenges that police are often called on to address, ranging from criminal matters such as organized crime and social issues such as substance use and abuse and suicides. Participants stressed that given this complexity, the FNIPP is inadequate to support First Nations police services and that a federal legislation which recognizes First Nations police services as essential services is required.

Essential Service

"I have worked alone 40 nights; with proper funding we could provide essential services… only few of us to do a job, we end up working alone. If we are an essential service that wouldn't be an issue."

Public Safety Canada asked participants what characteristics, capacities and capabilities a First Nations police service would have if recognized as an essential service. We heard from participants that essential service means:

Funding

"We receive the same training at the same institutions as all other police services in Canada. Yet we are funded very differently."

Participants agreed that First Nations police services need to be funded to a level that recognizes them as an essential service. Participants noted that funding to support First Nations police services must be:

Defining Roles and Promoting Respectful Relationships

"I hope that the majority of the decision-makers are the First Nations themselves. The last thing I want to see happen is that we have these discussions and then someone external to the First Nations makes the decision."

Many participants see First Nations police services and influence over policing priorities as an expression of self-determination and self-governance. Participants highlighted the need to define roles and responsibilities of First Nations, provinces and territories and Canada in making decisions concerning First Nations police services. Doing this will support the building of healthy and respectful relationships between governments. To meet these objectives, participants suggested that the legislation should:

Other Considerations

A number of broader justice issues were raised, such as traditional models of justice, restorative justice, holistic approaches to community safety and wellbeing and non-police officer positions which support community safety, such as social workers, crisis workers, community safety officers and peacekeepers. It was noted that policing is one part of the justice system, which also includes prosecutorial services, the court system and corrections system, and that processes should be advanced to also support First Nations priorities in these areas.

Participants highlighted that not all First Nations will want a First Nations police service and that the RCMP will continue to be the local police service for many First Nations for the foreseeable future. As such, participants argued that the RCMP must make changes to their police policies and practices to meet the policing and community safety needs of the First Nations they serve, including improving the enforcement of First Nations laws and by-laws. Participants also noted that Public Safety Canada needs to improve the negotiation and implementation of FNIPP Community Tripartite Agreement (CTAs), where a dedicated group of officers from the RCMP provide policing services to a First Nations or Inuit community.

Conclusion

The feedback summarized in this document includes a broad range of views and positions that will be considered in the co-development of First Nations police services legislation. Engagement participants indicated that this legislation will be critical to adequately supporting First Nations police services, supporting officer well-being and mental health, as well as promoting safety and security in First Nations communities. It was clear from participants that there was a sense of urgency to move forward on this legislation and an eagerness to see progress being made.

Validation of this report is an important step in the process. If you have comments on this "What we Heard" report, or any additional views that have not been captured, or that may have been misrepresented, please send your views to following email address: indigenouspolicing-policeautochtones@ps-sp.gc.ca.

The Government of Canada will continue the dialogue and collaboration with modern treaty and self-governing First Nations, First Nations, the Assembly of First Nations, First Nations Chiefs of Police Association, First Nations Police Governance Council provinces and territories, and subject matter experts to advance this important work.

Appendix A: Overview of the Engagement

Objective

The Government of Canada is engaging with First Nations, provinces and territories, First Nations organizations, First Nations police services, First Nations police boards/commissions, First Nations women's organizations, First Nations youth organizations, First Nations 2SLGBTQQIA+ people and organizations, subject matter experts and others to support the co-development of federal First Nations police services legislation.

Engagement Opportunities

The Government of Canada planned a three-pronged approach to this engagement:

  1. Online engagement platform
  2. Written comments/ submissions via an Indigenous Policing email address
  3. Virtual engagement sessions (details below)

Virtual Engagement Sessions

The Government of Canada hosted thirteen engagement sessions from March 21, 2022 to May 16, 2022. The session themes and dates are below. Also included is a breakdown of participation by province and territory.

Percentage of engagement session participants by province/territory

Percentage of engagement session participants by province/territory

Image description

The percentage of engagement session participants by province and territory bar graph shows the level of representation by province and territory for the thirteen engagement sessions. The percentage is as follows: Ontario: 22.2%, Quebec: 18.3%, British Columbia: 17.9%, Saskatchewan: 11.9%, Manitoba: 9.5%, Alberta: 7.1%, Yukon: 6.3%, New Brunswick: 2.8%, Newfoundland and Labrador: 1.6%, Prince Edward Island: 1.2% and Northwest Territories: 1.2%.

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