Overview of the Indigenous Affairs Branch

Background

The Indigenous Affairs Branch (IAB) is being created to lead the delivery of strategic policy analysis and integration of Indigenous considerations on issues within Public Safety’s (PS) mandate, and is responsible for delivery of key programs related to Indigenous community safety. Specifically, the IAB is responsible for the following:

To advance these priorities, the IAB collaborates and engages with, Indigenous people, 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. Portfolio coordination on the implementation of UNDRIP

IAB is committed to the implementation of UNDRIPin partnership with Indigenous people throughout areas of legislation and programs within its purview.

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

The IAB is responsible for advancing the Minister of PS’s mandate to co-develop federal legislation which recognizes First Nations police services as an essential service. “Essential service” is understood to mean that First Nations police services are supported with equitable, adequate and stable federal funding – and not serviced through a discretionary program. The legislation is meant to address longstanding critiques regarding capacity and funding challenges faced by First Nations police services.

3. Supporting Inuit and Métis policing and community safety priorities

The Minister of PS, 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 MMIWG Calls for Justice. Specifically, Call 5.4 of the MMIWG, notes the need for the transformation of the current state of Indigenous policing. This direction was also provided through Budget 2021 and the December 2021 Mandate letters.

As part of this commitment, PS 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. PS, 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 (PTs) and other stakeholders with a vested interest in this work.

4. Negotiations of provisions in modern treaties and self-government agreements related to PS and Assessing Modern Treaty Implications (AMTI) on PS policies and programs

Modern Treaty and Recognition of Indigenous Rights and Self-Determination 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.

IAB officials participate in negotiation tables where PS 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.

Assessing 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.

IAB is responsible for guiding PS analysts through the AMTI process by:

5. Federal-Provincial-Territorial Working Group on Indigenous Policing

PS has substantially advanced this work by:

The IAB will continue to work with First Nations partners towards building consensus on federal legislation.

6. Delivery of PS programs that support Indigenous Policing (such as FNIPP and FNIPFP)

In 1991, 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 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 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% PT 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.

IAB 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.

7. Departmental lead on Indigenous Justice Strategy issues: Implementation of the Calls to Justice from the Inquiry into MMIWG

IAB is the departmental lead for responding to The Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls (Final Report). PS has been working towards a whole-of-government response 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 from the Final Report. IAB is also reviewing where it can further contribute more broadly to the MMIWG Calls for Justice and Indigenous reconciliation.

IAB 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 Federal-Provincial-Territorial Aboriginal Justice Working Group.

IAB 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.

8. Indigenous engagement and coordination

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

9. Litigation management

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.

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