Overview of the Indigenous Secretariat

Background

The Indigenous Secretariat (IS) leads and supports the implementation of Public Safety's priorities related to Indigenous policing and justice. The IS is responsible for the following:

  1. Co-development of federal First Nations police services legislation;
  2. Supporting Inuit and Métis policing and community safety priorities;
  3. Negotiations of provisions in modern treaties and self-government agreements and assessment of modern treaty implications;
  4. Policy work and advice on the implementation of PS programs that support Indigenous Peoples (such as the First Nations and Inuit Policing Program and the First Nations and Inuit Policing Facilities Program);
  5. Policy work and advice on Indigenous justice issues; Missing and Murdered Indigenous Women and Girls; and the United Nations Declaration on the Rights of Indigenous Peoples;
  6. Indigenous engagement and coordination; and
  7. Litigation management.

To advance these priorities, the IS collaborates and engages with a multitude of stakeholders, including Indigenous Peoples, partners, and organizations; provincial and territorial governments; and other federal departments. Key federal partners include Indigenous Services Canada, Crown-Indigenous Relations and Northern Affairs Canada, Justice Canada, and the Royal Canadian Mounted Police.

1. Co-development of federal First Nations police services legislation

The Task force within IS is mandated to advance the Minister of Public Safety's commitment to co-develop First Nations police services legislation which recognizes First Nations police services as essential services. This will address critiques from stakeholders that the current approach to support First Nations police services does not provide adequate funding (i.e., the First Nations and Inuit Policing Program).

Since January 2022, Public Safety has substantially advanced this work by:

The Task Force will be publishing a “What We Heard” report in August 2022 and will continue to work with partners towards the co-development of legislation in 2023.

2. Supporting Inuit and Métis policing and community safety priorities

The Minister of Public Safety, supported by the Ministers of Crown-Indigenous Relations and Indigenous Services, has been directed to continue to engage with Inuit and Métis on policing matters in response to the Missing and Murdered Indigenous Women and Girls (MMIWG) Calls for Justice - specifically Call 5.4, which notes the need for the transformation of the current state of Indigenous policing - and through Budget 2021 and the December 2021 Mandate letters.

As part of this commitment, the Department is undertaking collaborative dialogues with Inuit and Métis to identify and better understand their unique policing and community safety needs and how the Department can support them through best practices and approaches.  Public Safety, in collaboration with Indigenous Services Canada, and Crown-Indigenous Relations and Northern Affairs Canada, will engage with Inuit and Métis groups/organizations, Inuit Land Claims Organizations/Governments, Métis national and regional representative groups/organizations, Métis self-government agreement holders, as well as Provinces and Territories and other stakeholders with a vested interest in this work.

To date, preliminary conversations have been held with key partners, including  provinces and territories, as well as other government departments and agencies to seek their input on how to ensure that the planned dialogue will best meet the needs of Inuit and Métis. It is anticipated that formal engagement will launch in fall 2022.

3. Negotiations of provisions in modern treaties and self-government agreements & assessment of modern treaty implications

Negotiations of provisions in modern treaties and self-government agreements:

Modern Treaty and Recognition of Indigenous Rights and Self-Determination (RIRSD) Agreements have been and are intended to be acts of reconciliation based on mutual recognition and respect. The Government of Canada is currently involved in approximately 150 negotiation tables with Indigenous groups. 

IS officials participate in negotiation tables where Public Safety mandate-related issues are implicated. These issues include the relationship of laws, the application of the Canadian Constitution and Charter, the application of provincial and federal laws, the criminal law and all other areas of overriding national importance, firearms language, crown access to lands, emergency management, references to public order and peace and safety, policing, and the enforcement of Indigenous laws.

Assessment of Modern Treaty Implications (AMTI):

As per the 2015 Cabinet Directive, in developing policy and program proposals to Cabinet, departments are expected to consider the policy and legal implications of modern treaties, attest to the compliance of the proposals with the modern treaties, and complete an AMTI.

The IS is responsible for guiding Public Safety analysts through the AMTI process by: providing the required AMTI form and resources; meeting with policy leads to discuss AMTI requirements; and, signing off on AMTIs.

4. Policy work and advice on the implementation of Public Safety programs that support Indigenous Peoples

In 1991, the First Nations and Inuit Policing Program (FNIPP) was created as a contribution program to enhance policing services that are professional, dedicated and responsive to the First Nation or Inuit community they serve. FNIPP policing agreements are cost-shared between the federal government (52%) and the Provincial/Territorial (PT) government (48%), reflecting a shared interest in Indigenous policing. The FNIPP currently serves approximately 66% of First Nation and Inuit communities in Canada. Budget 2021 provided $540.3 million over five years beginning in 2021-22 and $126.8 million ongoing to support Indigenous communities currently served under the FNIPP and to expand the program to new First Nations and Inuit communities.

In November 2018, the Government of Canada created a new program – the First Nation and Inuit Policing Facilities Program (FNIPFP) – with investments to support the repair, renovation and replacement of policing facilities in First Nation and Inuit communities. As with the FNIPP, these investments are cost-shared at a 52% federal – 48% provincial/territorial split. Budget 2021 provided an additional investment in the Program of $108.6M over five years beginning in 2021-22 to further support the improvement of First Nation and Inuit policing facilities.

IS officials provide implementation support to the Emergency Management and Programs Branch to target and roll out recent FNIPP and  FNIPFP investments to best support First Nation and Inuit policing services.

5. Policy work and advice on Indigenous justice issues; Missing and Murdered Indigenous Women and Girls; and the United Nations Declaration on the Rights of Indigenous Peoples

The IS is the departmental lead for responding to The Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls. Since the release of the Final Report, Public Safety has been working closely with Crown-Indigenous Relations and Northern Affairs Canada and other departments (the Department of Justice and Human Safety and Security with Women and Gender Equality Canada) as a co-lead on two of the four thematic areas stemming from the Final Report towards a whole-of-government response. The IS is also reviewing where it can further contribute more broadly to the MMIWG Calls for Justice and Indigenous reconciliation. 

As a member of the Interdepartmental Working Group which focuses on the United Nations Declaration on the Rights of Indigenous Peoples Act (UNDRIP) Implementation, the IS is committed to the implementation of UNDRIPin partnership with Indigenous people throughout areas of legislation and programs within its purview.

The IS supports many other Indigenous justice policy matters such as efforts to renew the Indigenous Community Corrections Initiative and the creation of a Pan Canadian Strategy to Address Indigenous Overrepresentation in the Criminal Justice System through the FPT Aboriginal Justice Working Group.

The IS also works directly with Indigenous organizations such as the Congress of Aboriginal Peoples Accord through a Justice Priority Area Working Group, and with Pauktuutit Inuit Women of Canada, towards advancing measures to keep Indigenous women and communities safe.

6. Indigenous Engagement and Coordination

The Indigenous Engagement and Coordination Unit within IS is the centre of expertise in Public Safety for Indigenous partner relations, engagement and coordination. Its mission is to:

7. Litigation management

A comprehensive litigation strategy has been requested [Redacted].

The FNIPP has been criticized by policing and Indigenous stakeholders who view a discretionary contribution program with a limited funding envelope as inappropriate for an essential service. This criticism has led to several litigation proceedings alleging discrimination by the Government of Canada in their funding of Indigenous police services. Currently, there are two legal cases that allege discriminatory treatment by  Public Safety that have either recently been upheld by the Canadian Human Rights Tribunal (CHRT) or are currently in litigation – Dominique v Public Safety Canada (Pekuakamiulnuatsh Takuhikan First Nation) and Louttit v Public Safety Canada (Mushkegowuk Council).

Louttit (Mushkegowuk Council, ON) CHRT Complaint

This legal case alleges communities are receiving a discriminatory level of funding for police services and facilities compared to non-Indigenous communities. This complaint was spurred by a fatal fire in a police facility in 2006. Abeyance agreements have primarily focussed on police housing and on progress being achieved on a national professional housing strategy. [Redacted]

Dominique (Pekuakamiulnuatsh First Nation, QC) CHRT Complaint

This legal case alleges the First Nations and Inuit Policing Program is discriminatory for not funding First Nations to provide Level 1 services as defined in the QC Police Act; CHRT found the FNIPP program discriminatory on January 31, 2022. The CHRT commented on the need for First Nations to provide their own policing services, on the short-term nature of Agreements, and on funding. Canada is seeking Judicial Review in Federal Court and the remedies portion of the claim is continuing before CHRT with a request for $40K per person, reimbursement of deficit, end of discrimination, and program reform.

[Redacted]

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