Parliamentary Committee Notes: Litigation on Indigenous Policing

Proposed Response:

Background:

Through the First Nations and Inuit Policing Program, Indigenous policing services are supported through tripartite policing agreements among the federal government, provincial or territorial governments, and First Nation or Inuit communities. Costs under the First Nations and Inuit Policing Program are shared with provinces and territories in accordance with a 52% federal and 48% provincial/territorial cost-share ratio.

There are two main type of policing agreements:

The main types of agreements in Quebec and Ontario are self-administered policing agreements, whereby a First Nation or Inuit community manages its own police service in accordance with provincial laws and regulations. There are currently 36 First Nations and Inuit-led police services (21 in Quebec and 9 in Ontario) serving 157 communities across Canada.

The federal government continues to face legal risks related to the First Nations and Inuit Policing Program. Nations and representative organizations have launched various legal proceedings against the Government of Canada raising the issue of underfunding of First Nations police services and police facilities. These proceedings fall mainly in two categories: discrimination complaints before the Canadian Human Rights Tribunal; and civil claims based on the Honour of the Crown. There is also one Charter complaint. The claims and complaints raise a range of complex legal issues.

Many of these cases remain unsettled though due to their potential for financial, policy and jurisdictional precedent, Public Safety Canada is actively seeking ways to mitigate the claims, address the problems that led to litigation and to avoid legal challenges in the future.

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