Parliamentary Committee Notes: First Nations and Inuit Policing Program
Proposed Response:
- Indigenous communities, like all communities in Canada, should be places where people and families feel safe and secure.
- Indigenous communities have unique needs and priorities, and the Government recognizes the importance of ensuring culturally responsive police services while respecting the province or territory’s jurisdiction.
- Currently, the First Nations and Inuit Policing Program provides support for communities to administer their own police force, or receive enhanced policing services from the police of jurisdiction. These agreements are cost-shared based on a 52% federal – 48% provincial/territorial cost-sharing ratio.
- In Budget 2021 the Government of Canada announced up to $540.3 million over five years starting in 2021-2022 and $126.8 million ongoing to support First Nations and Inuit communities served under the First Nations and Inuit Policing Program.
- To further address policing needs identified by Indigenous communities, Budget 2024 proposes to provide:
- $267.5 million over five years, starting in 2024-25, and $92.5 million per year ongoing to Public Safety Canada for the First Nations and Inuit Policing Program and to support the work of Public Safety Canada’s Indigenous Secretariat; and
- $200 million over five years, starting in 2024-25, to repair, renovate and replace policing facilities in First Nations and Inuit communities.
If pressed about program spending:
- Public Safety was able to deliver approximately $220M in funding through the First Nations and Inuit Policing Program in 2023-24.
- There have been some issues with lapsed funding in the Community Tripartite Agreement stream due to vacancy rates, but we have also changed the tracking of the deployment of a Royal Mounted Police the Community Tripartite Agreement officers – ensuring we do not provide funding for these vacant positions. Paradoxically, this has meant that we are increasing the surplus in that Stream and we are taking steps to tighten up this forecasting so that we can better deploy those funds.
- As a cost-matched program, Public Safety must align governance with provinces and territories – and there is a risk that when provincial or territorial funding falls through, then federal funds will also lapse. Public Safety is improving forecasting to be able to more nimbly deploy these funds.
- The Government recognizes the issues and is working on a detailed action plan in partnership with provinces, territories, law enforcement and First Nations and Inuit communities that would address this problem moving forward.
If pressed on provincial jurisdiction over policing:
- Our approach will continue to be guided through partnership with provinces, territories and Indigenous communities that will respect the operational policing requirements and priorities of each jurisdiction.
- Public Safety will continue to work with provinces and territories, the Royal Canadian Mounted Police and Indigenous communities to identify improvements to program governance with a view to delivering funding faster, while respecting the cost-share ratio.
- Along with our provincial and territorial partners, Public Safety will seek to strengthen program governance and Federal-Provincial-Territorial decision-making processes, to enhance results measurement in support of investments, and to improve community safety outcomes.
If pressed on measures to increase Royal Canadian Mounted Police involvement in First Nations and Inuit Policing Program and accountability:
- Public Safety and the Royal Canadian Mounted Police will work together to update performance measurement and reporting.
- Public Safety will continue to support the Royal Canadian Mounted Police as it aims to provide consistent, comprehensive, and accurate information to continue working towards better supporting communities.
- In alignment with one of the Office of the Auditor General recommendations, the Royal Canadian Mounted Police is committed to improved tracking and reporting of performance through a focused effort to implement a framework by the end of the 2024/2025 fiscal year.
If pressed on Royal Canadian Mounted Police vacancy rates:
- Like other police services across Canada, the Royal Canadian Mounted Police is experiencing vacancy pressures for police officers.
- The Royal Canadian Mounted Police have already taken steps to implement a revised national Regular Member Demand model which considers the demand for First Nations Inuit Policing Program Regular Members along with all other Regular Member requirements within the organization. This revised model should be fully implemented within 2024/2025.
- Public Safety will also ensure the Royal Canadian Mounted Police is included in discussions with provinces and territories regarding their local Royal Canadian Mounted Police vacancy patterns, ensuring the Royal Canadian Mounted Police is well positioned to meet any First Nations Inuit Policing Program commitments.
Background:
In Canada, section 91(24) of the Constitution Act, 1867 provides the federal government with legislative authority over “Indians and Lands reserved for the Indians”, while section 92(14) provides the provincial/territorial government with legislative authority over the “Administration of Justice”, which includes jurisdiction over policing in the province or territory.
While provinces or territories are responsible for the “Administration of Justice”, the Government of Canada has taken steps to bridge the equity gap between police services in Indigenous communities and non-Indigenous communities.
In 1991, concerns about policing services in First Nation communities led to the establishment of the First Nation and Inuit Policing Program – a contribution program to enhance the effectiveness of policing services in First Nation and Inuit communities for professional, dedicated and responsive police services to the communities they serve.
The First Nation and Inuit Policing Program is the Government of Canada’s mechanism to support culturally appropriate and responsive policing and community safety services in Indigenous communities across the country, supporting roughly 450 First Nations and Inuit communities across Canada. Eligible costs under the First Nation and Inuit Policing Program are shared with provinces and territories in accordance with a 52% federal and 48% province/territory cost-share ratio, reflecting the shared jurisdiction of policing in Indigenous communities. This cost-share provision signals that the First Nation and Inuit Policing Program does not guarantee a full payment of all expenses related to policing, but rather a contribution to the services provided by provinces and territories governments, in which the federal government can participate up to a maximum of 52%.
Funding under the First Nation and Inuit Policing Program is provided to support two main policing models:
- Self-Administered Police Service Agreements: A First Nation or Inuit police service is authorized or established by the provincial/territorial government and provides day-to-day policing services to a First Nation or Inuit community; and,
- Community Tripartite Agreements: A contingent of police officers from the Royal Canadian Mounted Police provides dedicated policing to a First Nation or Inuit community to supplement base-level provincial/territorial policing services provided. Community Tripartite Agreements are made pursuant to bilateral Framework Agreements between Canada and the participating province/territory.
In addition to these two main policing models, the First Nation and Inuit Policing Program also provides support to other policing agreements.
Despite the progress made by the First Nation and Inuit Policing Program since 1991, Indigenous people in Canada continue to register concerns that their communities do not have equitable access to the same level of policing and community safety services as non-Indigenous people, and point to discretionary nature of the First Nation and Inuit Policing Program as a key factor and indicator of the inequity.
Budget 2021 provided $540.3 million over five years and $126.8 million ongoing, to support communities currently served by the First Nation and Inuit Policing Program and to expand the program into new communities. Public Safety Canada will provide federal funding, as per the cost-share arrangement of the First Nation and Inuit Policing Program, to expand the footprint of the First Nation and Inuit Policing Program and better support communities’ policing and community safety priorities, primarily focusing on Self-Administered police services to provide additional support through new officers and increased operational budgets.
As Budget 2021 investments continue to be rolled out, the recent Budget 2024 announcement proposed:
- $267.5 million over five years, starting in 2024-25, and $92.5 million per year ongoing to Public Safety Canada for the First Nations and Inuit Policing Program and to support the work of Public Safety Canada’s Indigenous Secretariat; and
- $200 million over five years, starting in 2024-25, to repair, renovate and replace policing facilities in First Nations and Inuit communities.
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