Co-development of First Nations Police Services Legislation
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First Nations in Canada 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. The Government of Canada agrees that legislation recognizing First Nations police services as an essential service is necessary and committed that legislation be co-developed with First Nations partners. Co-development is done through establishing trust, understanding and respect. Public Safety Canada's approach to the co-development of First Nations police services legislation is to work jointly to build consensus on common interests with a focus on possible solutions.
Key dates
- 1996 Royal Commission on Aboriginal Peoples report “Bridging the Cultural Divide: A Report of Aboriginal People and Criminal Justice in Canada”.
- 2017 First Nations Chiefs of Police Association (FNCPA) resolution calling on the Government of Canada and provinces to entrench First Nations Policing as an essential service.
- 2019 Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls, Calls to Justice 5.4.
- 2019 Expert Panel on Policing in Indigenous Communities, Council of Canadian Academies report “Toward Peace, Harmony, and Well-Being: Policing in Indigenous Communities”.
The co-development process
Establishing Relationships
In June 2017, a Memorandum of Understanding between the Government of Canada and the Assembly of First Nations (AFN) on shared priorities was signed during the first AFN-Crown meeting under the new permanent bilateral mechanism process, in which “policing and community safety issues affecting First Nations” was identified as the first shared priority.
As well, Public Safety Canada has established and continues to maintain relationships with First Nations partners and policing experts like the FNCPA and the First Nations Police Governance Council (FNPGC), as well as provinces and territories to advance this work.
Engagement
Formal Engagement (March 2022 to May 2022)
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. Prior to these sessions, participants had been provided with relevant background information and key questions to help guide discussions.
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. Public Safety Canada also heard that participants wanted to discuss 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:
- First Nations Police Services as Essential Services
- First Nation, Provincial/Territorial, and Federal Roles in Supporting First Nations
- Funding First Nations Police Services
Informed by what was 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. Prior to this engagement, participants were provided with relevant background information and key questions to help guide discussion based on the above themes.
In September 2022, the Government of Canada published a What We Heard Report which summarized feedback from these sessions and included a broad range of views and positions to be considered in the co-development of First Nations police services legislation. Validation of the report was an important step in the process, so participants were invited to provide written feedback if any views had been misrepresented, or to share additional views that were not captured.
Engaging Upon Request (March 2022 to present)
In addition to the formal engagement process, Public Safety Canada representatives have continued to meet bilaterally and collectively with First Nations, First Nations organizations, First Nations police services, First Nations police boards/commissions, provincial and territorial representatives as well as subject matter experts and others who wish to provide their feedback on the First Nations police services legislation.
Public Safety Canada also actively attends a variety of fora and conferences to present updates and hear participants' views on the co-development of First Nations police services legislation.
Collaboration
Objectives and Guiding Principles (Winter/Spring 2023)
Informed by the input received through the engagement process, Public Safety Canada developed Objectives and Guiding Principles for the legislation. These have been presented at different fora and shared with a multitude of partners such as the AFN, FNCPA, the FNPGC, and First Nations participants from the virtual engagement sessions, and feedback has been incorporated, in an effort to build consensus.
Technical Engagement and Co-developing Elements (summer/fall 2023)
Public Safety Canada engaged with a variety of subject matter experts, as well as provincial and territorial representatives, to discuss practical and technical considerations to inform the legislation. These technical expert engagement sessions supported the drafting of elements that set out the policy intent of a future legislation on First Nations police services.
Validation of Elements
Public Safety provided funding to the Indigenous Leadership Development Institute Inc. (ILDI) to conduct indigenous-led engagement on the proposed elements in February and March 2024. A discussion guide was developed that included a summary of what was heard to date, key aspects of the proposed elements, and discussion questions aimed to support the dialogue.
ILDI facilitated 10 regional engagement sessions and one national session to gather valuable input on the proposed elements. Summary reports from each of the sessions are available on ILDI's website as well as a final report.
Revised Elements to inform a First Nations Police Services Legislation
Drawing on the results of the engagement process and following additional dialogue with key partners, Public Safety Canada has revised the elements to inform the drafting of a First Nations police services legislation. The main changes made to the elements following engagement included:
- Reflecting First Nations culture and governance systems.
- Adding emphasis on the role First Nations play in the area of First Nations police services.
- Referring to First Nations laws.
- Adding specific language on equity.
- Allowing more time for meaningful negotiations of funding arrangements.
- Incorporating First Nations jurisdiction as part of the review process.
Latest updates
The Indigenous Leadership Development Institute Inc. (ILDI) conducted broad engagement with First Nations on the proposed elements in February and March 2024. ILDI published its final report on its website on August 12, 2024. Based on this engagement, Public Safety Canada elements were revised.
Public Safety Canada is also undertaking program reform, informed by the recent Auditor General of Canada's audit report on the First Nations and Inuit Policing Program (FNIPP).
Contact information
By email: IndigenousPolicing-PoliceAutochtones@ps-sp.gc.ca
By mail:
Indigenous Policing Team
Public Safety Canada
269 Laurier Avenue West
Ottawa ON K1A 0P8
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