First Nations Policing

Date: July 3, 2020
Classification: Unclassified
Fully releasable (ATIP)? Yes
Branch / Agency: CSCCB

Issue:

Recent protests across Canada regarding systemic racism within police services have prompted calls for action across the justice system. Your mandate letter includes a commitment to co-develop a legislative framework that recognizes Indigenous policing as an essential service and to work with interested communities to expand the number of communities that are currently served under the First Nations Policing Program.

Proposed Response:

First Nations Policing Program (FNPP)

The FNPP is a contribution program that provides funding to support the provision of policing services to First Nation and Inuit communities across Canada. FNPP policing agreements are cost-shared between the federal government (52%) and the Provincial/Territorial (PT) government (48%). The FNPP currently serves approximately 60% of First Nation and Inuit communities in Canada.

In 2018-2019, Public Safety Canada (PS) provided over $146 million under the FNPP to support 1,321 police officer positions in over 450 First Nation and Inuit communities in Canada. Funding under the FNPP is provided to support two main policing models:

  1. Self-Administered Police Service Agreements (SA): 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. SAs account for 789 police officer positions; and,
  1. Community Tripartite Agreements (CTA): where a contingent of police officers from the RCMP provide dedicated policing to a First Nation or Inuit community that is intended to supplement the level of PT police services provided to that community. CTAs are made pursuant to bilateral Framework Agreements between Canada and the participating PT.  CTAs account for 449.5 police officer positions. 

In addition to these two main policing models, the FNPP provides support to other policing agreements, with an additional 83.5 police officer positions.

The FNPP has had a significant and measurable positive impact on the safety of First Nation and Inuit communities funded under the program. Based on an analysis of FNPP-funded police detachments, there has been a 26% decrease in incidents of crime from 2004 to 2014, with a 25% reduction in incidents of violent crime.

In January 2018, the Government of Canada announced a federal investment of up to $291.2 million over five years, beginning in 2018-19, for policing in First Nation and Inuit communities. This additional funding was intended to address matters such as officer safety, police equipment purchases and salaries, as well as support 110 additional police officer positions in First Nation and Inuit communities currently served under the FNPP.

Protests across Canada and the United States against police brutality have compelled discussions about systemic racism and discrimination in Canadian institutions, including in the justice system. This has included conversations on the delivery of policing services across Canada, including in Indigenous communities. Members of Indigenous leadership, activists, academics and other stakeholders have proposed changes to the delivery of policing services in communities, including more robust civilian oversight and training on de-escalation training and unconscious bias.

Indigenous women and girls are disproportionately affected by all forms of violence.  In its final report released in June 2019, the National Inquiry into Missing and Murdered Indigenous Women and Girls (MMIWG) made the following Call for Justice (5.4) “We call upon all governments to immediately and dramatically transform Indigenous policing from its current state as a mere delegation to an exercise in self-governance and self-determination over policing. To do this, the federal government's First Nations Policing Program must be replaced with a new legislative and funding framework, consistent with international and domestic policing best practices and standards, that must be developed by the federal, provincial, and territorial governments in partnership with Indigenous Peoples.”

Similarly, your mandate letter currently states the following with respect to the way forward for Indigenous policing: “With the Minister of Indigenous Services, co-develop a legislative framework for First Nations policing, which recognizes First Nations policing as an essential service, and work with interested communities to expand the number of communities served by First Nations policing.”

Funding for First Nation and Inuit Policing Facilities

In November 2018, the Government of Canada created a new program, Funding for First Nation and Inuit Policing Facilities, with an investment of $88.6 million in contributions funding over seven years, beginning in 2018-19, to support the repair, renovation and replacement of policing facilities in First Nation and Inuit communities. As with the FNPP, these investments are be cost-shared at 52% federal – 48% provincial/territorial.

PS officials have and continue to collaborate with their PT counterparts in order to make decisions on where to allocate funding  to address the most urgent, known police infrastructure projects in Indigenous communities served under the FNPP for 2019-2020.

Contacts:

Prepared by: Erin Robinson, Senior Policy Advisor, 613-330-1037 / Lauren Mayo, Policy Advisor, 613-413-9645
Approved by: Trevor Bhupsingh, A/ADM, CSCCB, 613-769-3042

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