44th Parl. 1st Sess.
September 16, 2024 11:00AM
- Sep/16/24 9:03:48 p.m.
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Madam Speaker, as I rise to speak at this emergency debate, I would like to take a moment to recognize the six indigenous people who lost their lives on whom this debate centres, specifically Steven Dedam, Danny Knife, Hoss Lightning, Jack Piche, Tammy Bateman and Jason West, and to acknowledge the trauma and loss that their families, friends and communities are suffering at this time.
Indigenous communities have faced some systemic injustices within the realm of law enforcement. The history of indigenous policing in Canada is fraught with challenges marked by a legacy of colonialism, discrimination and mistrust. Indigenous peoples have a unique cultural, social and historical context that must be recognized and respected in the realm of policing.
As we have witnessed time and time again, traditional methods of law enforcement often fail to adequately address the needs and values of indigenous communities. As a result, there is a pressing need for a paradigm shift in policing practices. I would like to focus a lot of my intervention tonight on the lack of commitment this government has toward community policing in northern, rural and remote areas, and its failure to support the first nations and Inuit policing program in the country.
For the information of those at home, and perhaps for some of my colleagues here in this House, Public Safety Canada manages and oversees the first nations and Inuit policing program, which was established in 1991. Under this program, policing services are provided either by the Royal Canadian Mounted Police, through community tripartite agreements negotiated by the federal government, provinces and/or territories and indigenous communities, or by communities' own police services under self-administered agreements.
Efforts toward indigenous policing must be guided by principles of reconciliation, cultural sensitivity and community empowerment. Part of the problem has been an Ottawa-knows-best paternalistic approach to the safety needs of indigenous people and indigenous communities. It is essential to engage indigenous communities in the design and implementation of policing strategies, ensuring that their voices are indeed heard and their perspectives valued, meaning a true partnership.
For too long, indigenous communities have borne the brunt of systemic injustices, including disproportionately high rates of crime and victimization. One of the most pressing types of criminality facing indigenous people on reserves is violence: domestic violence, sexual assault and homicide. Indigenous women are disproportionately affected by that violence, with rates of homicide and missing persons cases far exceeding national averages. These alarming statistics underscore the urgent need for targeted interventions, police and support services to address the underlying factors contributing to violence within indigenous communities.
Substance abuse and addiction are also significant challenges facing first nations people on reserve, contributing to a range of criminal behaviours including drug trafficking, poverty and crime. Intergenerational trauma and socio-economic disparities have contributed to high rates of substance abuse among indigenous populations. Addressing these underlying factors requires holistic, culturally sensitive approaches that prioritize healing, rehabilitation and community supports.
Overall, the Liberal government's drug policies have been catastrophic, with over 42,000 Canadians dying from drug overdoses. In British Columbia, where this Prime Minister carried out his hard drugs experiment, there has been a nearly 400% increase in overdose deaths. The Liberal Minister of Mental Health still refuses to acknowledge that the Liberals' dangerous policy was indeed a failure.
We must not only get tough on crime, especially when it comes to repeat violent offenders, but we must address the socio-economic disparities between non-indigenous and indigenous people.
Socio-economic factors such as poverty, unemployment and inadequate housing contribute to the vulnerability of indigenous people to involvement in criminal activity. Limited economic opportunities coupled with social isolation and a lack of access to essential service exacerbate the risk factors for criminal behaviour. Investing in education, economic development and infrastructure on reserves is crucial to addressing these systemic inequalities and creating opportunities for positive change within indigenous communities. These are all factors that a future Conservative government, with guidance from indigenous stakeholders, must tackle if we are to end the tragedies like the ones we continue to experience and to improve community safety and quality of life for indigenous men, women and children.
The challenges facing indigenous policing in Canada are multi-faceted and deeply rooted, from inadequate resources to entrenched biases, and these challenges continue to undermine safety, trust and the well-being of indigenous communities. Indigenous police services often face jurisdictional and legal complexities that impede their ability to fulfill their mandate effectively. The overlapping jurisdiction between federal, provincial and indigenous communities often creates confusion and delays in responding to issues on indigenous territories. One of the common complaints I hear is that provincial and federal police services will not enforce community bylaws. Clear protocols and agreements must be established to ensure seamless coordination and co-operation among all stakeholders in the justice system.
One of the foremost challenges is the chronic underfunding of indigenous police services. Many indigenous police services operate with limited resources, hindering their ability to adequately respond to emergencies, investigate crimes and provide essential services to their communities. This funding gap not only compromises public safety but also perpetuates inequalities in access to justice for indigenous peoples. Indigenous peoples deserve to feel safe in their communities. It is crucial that indigenous police services have the same powers as non-indigenous police services and have the proper and adequate resources to do the job they are expected to do, especially when it comes to the funding model, often done on a year-to-year basis. This makes it almost impossible for these police services to continue to plan, recruit and continue with officers who have experience.
Indigenous policing resources are stretched thin and face discrimination in Ottawa. In meetings with indigenous police services across the country, I have heard harsh criticism for the current model. Public Safety Canada would not fund specialized units like domestic assault, major crime, homicide or canine units, and it took a court case in June 2023 to declare that it was discriminatory and to throw those conditions out of the PSC agreements.
Thirty-eight per cent of indigenous police officers do not have backup while patrolling their communities. There are too few officers to keep up with the growing gang problems on reserves. Outside of Ontario, first nations' police officers do not have pensions, benefits and access to professional development. Indigenous officers make 25% less in salary than their non-indigenous colleagues.
In 2023, the Treaty Three Police Service, the Anishinabek Police Services, and the United Chiefs and Councils of Manitoulin Anishnaabe Police had to take the government to court over discriminatory terms and conditions in their service agreements. Together, these first nations police organizations serve 45 first nations communities and around 30,000 people across northern Ontario, and they had to operate on a line of credit while the government dithered, putting the communities and people at risk.
In 2022, after the mass killing at James Smith Cree Nation in Saskatchewan, the Prime Minister promised to work toward making indigenous policing an essential service in Canada. However, here we are now, nearly three years later, with, sadly, no changes. In 2020, the Liberals promised to bring forward legislation to declare first nations and Inuit police services an essential service, and yet, still nothing. The National Inquiry into Missing and Murdered Indigenous Women and Girls calls for justice, section 5.4, called for immediate and dramatic transformation of indigenous policing, including civilian oversight bodies to audit and investigate claims of police misconduct. That was almost six years ago and still counting.
In 2024, the Auditor General's office released a damning report on the status of first nations and Inuit policing in Canada. The first nations and Inuit policing program is a cost-sharing program. About 52% of its funding comes from the federal government and 48% comes from the provinces or territories.
The Office of the Auditor General found several glaring issues with Public Safety Canada's management of the program. Despite funding increased to this program, the Office of the Auditor General found that $13 million of the funds earmarked for the 2022-23 fiscal year went unspent. As of October 2023, Public Safety Canada expected that over $45 million in program funding would be left undistributed for that fiscal year.
The OAG also found that Public Safety Canada had poorly managed the program. Specifically, it found that Public Safety Canada had poor fiscal management oversight, had limited expansion of the program despite additional funding, lacked an approach to support equitable funding decisions, lacked consistent engagement and partnership with communities, and lacked the information to measure the program's effectiveness.
Furthermore, the RCMP did not consistently deliver on its responsibilities under that program. Specifically, the RCMP had an insufficient number of officers in dedicated communities, no requirement for culturally specific training to understand the culture of the community being served, inconsistent implementation and monitoring of whether policing services promote partnership with communities, and no information on program effectiveness.
I should note that the RCMP is not party to community tripartite agreements. Public Safety Canada signs these agreements with the provinces and territories, and between first nations or Inuit communities, without bothering to confirm that the RCMP actually has the ability to meet the terms of the agreement. If that does not define a failed Ottawa-knows-best approach, I am not sure what does.
In fact, this past April, at an indigenous and northern affairs committee hearing, Public Safety Canada indicated that it is currently in the process of co-developing federal legislation intended to recognize first nations policing as an essential service. During her testimony before the committee, one of the directors of the Office of the Auditor General noted that the new legislation is intended to apply only to self-administered agreements and not to community tripartite agreements.
This means that the communities, under tripartite agreements, that are policed by the RCMP and municipal police forces would not be regarded as essential, which is the key to this whole issue. For context, there are only 36 self-administered police agreements in Canada. That would leave the vast majority of first nations and Inuit communities without the essential designation for police services.
Historical trauma and intergenerational mistrust continue to cast a shadow over indigenous communities and the RCMP, including, where applicable, municipal police relations. The legacy of colonialism, forced assimilation and residential schools has left deep scars on indigenous communities, contributing to a profound mistrust of authority figures, including the police. Rebuilding trust and repairing these relationships will require genuine efforts at reconciliation, acknowledgement of past wrongs and meaningful engagement with indigenous communities in the development of policing policies and practices.
In addition, a future government plan on indigenous policing must prioritize the recruitment, training and retention of indigenous officers. Representation matters. It matters deeply in law enforcement. Indigenous peoples deserve to see themselves reflected in the institutions that serve and protect their communities.
Additionally, indigenous policing initiatives should prioritize restorative justice approaches, with an emphasis on healing, rehabilitation and community cohesion over punitive measures. Traditional indigenous justice practices offer valuable insights into resolving conflicts and restoring harmony within communities. This does not mean there are not consequences for crime, but those consequences reflect historical and traditional indigenous community responses to those crimes. Where appropriate, these alternative justice incentives could have real and lasting positive outcomes for indigenous communities.
One of the key strengths of restorative justice lies in its emphasis on dialogue and relationship building. By bringing together victims, offenders and community members in a safe and supportive environment, restorative justice fosters empathy, understanding and mutual respect. Through open and honest communication, individuals can confront the harm done by those actions, take responsibility for their behaviour and work toward repairing the harm done.
Moreover, restorative justice practices have been shown to be effective in reducing crime rates and promoting long-term community safety, and we do that by addressing the root causes of crime and the needs of all affected parties. Restorative justice helps to break the cycle of violence and create a more just and comprehensive society.
As I conclude, I would like to leave us all with this, which I have said a few times in my speech. Many indigenous communities have a fraught history with external law enforcement agencies. It is marked with experiences of discrimination, violence and systemic racism. Indigenous-led policing helps to address these historical grievances by involving community members directly in the process of maintaining safety and order. This approach helps to rebuild trust, making it more likely that community members will engage positively with law enforcement and co-operate in matters of public safety.
Traditional law enforcement methods can sometimes fail to address the root causes within indigenous communities. Indigenous-led initiatives, on the other hand, can incorporate culturally relevant practices and community wisdom. This approach can lead to a more sustainable solution to crime and conflict, tailored to the specific needs and values of a community. When indigenous people can serve as police officers within their own communities, it empowers them to take that active role in shaping their own futures. This representation, as I said before, is absolutely crucial because it ensures that the policies and practices of law enforcement reflect the values and needs of indigenous peoples.
It also provides a role model for younger generations, inspiring them to envision and work toward leadership roles in their own communities. Their cultural competence allows them to navigate complex social dynamics with a sensitivity that external officers might lack. For example, indigenous officers are more likely to understand and honour traditional practices and customs, which can be crucial in resolving conflicts and engaging with community members in a respectful manner. This cultural insight prevents misunderstandings and fosters a policing approach that is both empathetic and effective.
In conclusion, acknowledging the historic injustices faced by indigenous peoples is essential for building a more equitable society. In investing in these indigenous-led police services, we would take concrete steps to address these injustices and contribute to the reconciliation process. This support demonstrates a commitment to repairing relationships and fostering understanding between indigenous communities and the broader societies. Indigenous policing in Canada is not merely a matter of policy; it is a moral imperative. It is a testament to our commitment to justice, equality and reconciliation. Together, let us work toward a future where indigenous policing reflects the values and aspirations of all.
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- Sep/16/24 9:24:17 p.m.
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Madam Speaker, I will try to answer as much of the member's question as I can. I wrote down notes. Hopefully I have it all.
As the critic for Crown-indigenous relations and indigenous services for the opposition, it is part of my job, my mandate, to develop policy that will be put into our next election platform. I note that some of the things I mentioned today were from previous policy documents that we had released in previous elections. They talk about giving more power to indigenous police services and essential services, about funding them correctly and about restorative justice practices. Something our party, myself and others on this side of the House are talking about today is the direction our party is moving in regarding indigenous justice and indigenous policing.
I mentioned funding, as well as essential services and ensuring that the “Ottawa knows best” approach is not the one we continue to lead by. It has to be grassroots-led and about listening to the voices that are telling us what their issues are. That goes to the justice piece of my speech when I was talking about how each individual community might have different visions of how they wish to run a justice system, whether it is through restorative justice, through their law enforcement and policing side or through indigenous police services. Perhaps they want other aspects of the law enforcement angle.
Giving power back to these individual communities is key, but to the member's point, as I talked about, it is about ensuring proper funding so that we do not have an unlevel playing field between indigenous and non-indigenous police services or even in the justice system in general.
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- Sep/16/24 9:27:37 p.m.
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Madam Speaker, the crux of my speech was about how we need to level the playing field between indigenous police services and non-indigenous police services. During my speech, I mentioned the disparities in wages, benefits and training. Those are all pretty important things when talking about policing, and not only with recruitment but with retention. I mentioned the funding model and that many of these police services, like the ones in northern Ontario, were on year-to-year contracts. The deadline for their funding lapsed and they had to run police services on a line of credit. That was pretty troubling to the chief of police and members themselves. They were trying to police 30,000 people as indigenous police services, and they did not even know if their funding was going to continue. As for making it an essential service, I mentioned that a few times in my speech. My answer to the NDP talked about that as well.
I agree with the member that these things do take time, absolutely. In 2022, the Prime Minister promised to work toward making indigenous police services an essential service, but it is three years later and still nothing has happened. The Liberals have been in power for nine years. The Auditor General came out with a report that said some pretty important things needed to be addressed in addition to policing, and here we are talking about them because some tragedies have happened. We need to accelerate this conversation.
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- Sep/16/24 9:29:54 p.m.
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Madam Speaker, the work we in the opposition have been doing with indigenous communities and leaders shows our commitment to listening to voices on the ground level and reducing and hopefully eliminating this “Ottawa knows best” approach.
We have already announced a number of policies that will take control of communities away from Ottawa through a resource charge, which will allow communities to keep the tax revenue generated on their land rather than sending it to Ottawa. We will announce many more. However, the crux of my speech was about getting rid of the “Ottawa knows best” approach because it has not worked for 155-plus years. If we continue on this path, it will not work for another 155 years, and we will continue to have these conversations.
We need to provide optional legislation, if needed, for those who want to do different and unique things, and strip down the “Ottawa knows best” bureaucracy that continues to fail indigenous people. One part of this is listening to the voices that want to empower indigenous people to become police officers through indigenous police services, but we need to ensure that they are on a level playing field and not handcuffed when they need to do their jobs appropriately.
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- Sep/16/24 9:32:42 p.m.
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Mr. Speaker, I will give a good, positive example from what the province of Alberta is doing, because it often leads the way when dealing with indigenous communities. We can look at what the Siksika are doing. They are working to build their own justice system. In fact, I believe construction on a new courthouse has already started where they will be able to implement their own restorative justice practices.
We can look at what Alberta has done with police service contracts. We were talking about those doing one-year contracts, but Alberta in many cases is moving toward three-year funding models, which give some predictability to indigenous police services.
Alberta is moving in that direction, and I think other provinces and the federal government need to do the same, because the conversation has been going on too long. We need to see action. Listening to the voices on the ground is exactly what we need to be doing more of.
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