First Nations Policing Program

Background

The First Nations Policing Program (FNPP) financially supports professional, dedicated and responsive policing services to First Nation and Inuit communities in Canada. The Program was created in 1991, and has faced increasing criticism over the years as being inappropriate for funding an essential service such as policing. Recent reports, such as the Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls (MMIWG) stress the limits of the current model while pointing to the need for fundamental transformation.

FNPP policing agreements are cost-shared between the federal government (52%) and the relevant province or territory (PT) (48%). This cost-share ratio reflects a shared interest pursuant to the Constitution Act, 1867, where the federal government has legislative jurisdiction for “Indians, and lands reserved for Indians” (s.91(24)) and PTs have exercised their legislative jurisdiction over the administration of justice, including policing (s.92(14)). 

In 2018-2019, Public Safety Canada (PS) provided close to $146 million under the FNPP to support more than 1320 police officer positions in over 450 communities in Canada.

Status

In January 2018, a total investment of up to $291.2 million over five years was allocated for policing in First Nation and Inuit communities currently served under the FNPP. This funding, which is ongoing and includes a 2.75% annual increase, included support for priorities such as officer safety, salaries and policing equipment, as well as for up to 110 additional police officer positions for existing FNPP agreements.

FNPP funding supports two main types of policing agreements:

  1. Self-Administered Police Service Agreements (SAs): where a First Nation or Inuit police service is authorized or established by the PT government, and provides primary (day-to-day) policing services to a First Nation or Inuit community; and
  2. Community Tripartite Agreements (CTAs): where a contingent of officers from the RCMP provide dedicated policing to a First Nation or Inuit community that is intended to supplement the level of PT policing services provided to that community. CTAs are made pursuant to bilateral Framework Agreements between Canada and the participating PT.

A federal investment of $88.6 million over seven years was also announced in November 2018 to repair, renovate or replace policing facilities owned by First Nation or Inuit communities. Similar to the FNPP, this dedicated funding is cost-shared (52% federal and 48% PT).

Considerations

The FNPP has been criticized by key policing and Indigenous stakeholders, including the Assembly of First Nations (AFN), First Nations Chiefs of Police Association and the Canadian Association of Chiefs of Police, who view a discretionary contribution program like the FNPP,  where communities have to compete with each other for limited funding, as inconsistent with the principles of self-determination and reconciliation. The AFN’s 2019 election priorities document calls upon the federal government to develop and implement a statutory framework recognizing First Nations Police Services as essential services with appropriate funding. In addition, Call for Justice 5.4 of the Final Report of the MMIWG National Inquiry explicitly called for the FNPP to be replaced with a new legislative and funding framework – to be co-developed with PTs and Indigenous peoples – that must, at a minimum, provide equitable funding levels with all other non-Indigenous police services in Canada.

Despite recent funding announcements, demand for funding continues to exceed the available FNPP budget, due to cost drivers such as the need for additional officers, equipment and infrastructure. In addition, one-third of First Nation communities are not currently covered under the existing FNPP footprint, Métis communities remain ineligible for the Program, and there are no FNPP agreements in Inuit communities in Nunavut (and very limited presence in other Territories). 

The Canadian Human Rights Tribunal (CHRT­) is currently hearing two complaints against PS related to the FNPP: one from First Nation communities in northern Ontario (Mushkegowuk) and one in a First Nation in Quebec (Mashteuiash), alleging that the level of funding for policing services is less than that provided to non-Indigenous communities. The Ontario case is currently in abeyance while a pilot project for police officer housing is implemented. The Quebec case will be heard in December 2019.

Next Steps

Should the Government of Canada move toward developing and implementing a legislative and funding framework for Indigenous policing, consistent with Call for Justice 5.4 of the Final Report of the MMIWG National Inquiry, a budgetary decision would be required to support the co-development process with Indigenous communities, provinces and territories. 

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