Decolonizing Policing in Indigenous Communities

INTRODUCTION

• Indigenous police services in Canada are characterized by chronic underfunding.

• The potential for these services to adopt a broader approach to community safety is acknowledged.

• In 1992, there were 56 self-administered Indigenous police services, funded jointly by federal and provincial governments for renewable five-year periods, while remaining accountable to First Nations communities.

• Currently, approximately one-third of these services have disbanded due to underfunding.

• Quote from the head of the Kahnawake Peacekeepers:

  • "We're treated as second class citizens";

  • Context: This statement highlights the perceived need for justification of funding and existence that contrasts the treatment of the RCMP.

• Remaining Indigenous police services have filed human rights complaints about discrimination and similar underfunding issues faced by First Nations child welfare services.

• In early 2022, the Canadian Human Rights Tribunal ruled that an Indigenous police service (established in 1996) located 300 kilometers north of Quebec City has been chronically underfunded.

• The head of the Association of First Nations and Inuit Police Directors of Quebec stated that all 22 Indigenous police services in Quebec are underfunded, and funding falls short of covering essential public safety needs.

• Quote regarding victim support:

  • "A victim of a crime in an Indigenous community should be able to met with the same support, the same tools, as in a non-Indigenous community."

HUMAN RIGHTS TRIBUNAL FINDINGS

• The Tribunal rejected Canada’s arguments about jurisdiction and that the funding was affirmative action rather than systemic discrimination.

• It was determined that federal and provincial funding levels prevented Indigenous police services from providing the same level of service as non-First Nations police forces.

• The system perpetuates discrimination, including the systemic issues of overpolicing and underprotection of Indigenous peoples.

• The 1992 program funds not only Indigenous police services but also additional officers from the RCMP and Ontario/Quebec police divisions, which do not adequately respond to community needs.

• In a 2014 Auditor General of Canada report:

  • Indigenous communities had little influence over the roles of additional officers employed by the RCMP or provincial police, which often diverted them to standard policing duties.

CASE STUDIES OF DISCRIMINATION

• In a case of systemic discrimination, two young members of the Kashechewan First Nation died in 2006 while detained in inadequate facilities.

  • Context: Lack of fire safety measures led to fatalities.

• A coroner's inquest in 2009 revealed that as many as 19 Nishnawbe Aski police detachments lacked sprinkler systems.

• In 2013, Lena Anderson, aged 23, committed suicide in a police vehicle, highlighting disparities in detention facility conditions.

FEDERAL RESPONSE

• The Justin Trudeau government allocated $540 million in funding over five years for Indigenous policing initiatives:

  • $109 million for facility upgrades in First Nations and Inuit communities.

  • $44 million to enact legislation recognizing First Nations policing as an essential service.

• Questions remain about the legislative flexibility for First Nations communities to implement unique policing innovations tailored to their needs.

• Current federal programs also include Inuit communities, but do not address the majority of Indigenous populations living off-reserve or the Métis communities.

• The focus has been limited to policing rather than expanding to wider community safety issues.

CURRENT STATISTICS ON INDIGENOUS POLICING

• As of May 2019, only 4% of Canadian police officers identified as Indigenous, including those from self-administered Indigenous police services.

• Only 3% of new police recruits are Indigenous.

• The ongoing colonial discrimination in police services influences lower interest in policing careers among Indigenous people.

SUBSTANTIVE EQUALITY AND DECOLONIALIZATION

• Indigenous peoples are often overpoliced and underprotected, contributing to high incarceration rates.

  • Indigenous people constitute approximately one-third of Canada's imprisoned population, with even higher over-representation among Indigenous women and youth.

• Indigenous peoples are disproportionately victims of crime, discussed prominently in the context of missing and murdered women and girls, alongside high homicide rates among Indigenous men.

• The causes of these policing issues are complex, tied to intergenerational trauma stemming from residential schools and colonialism.

• Colonial policing models emphasize armed compliance, contributing to systemic discrimination, leading to over-policing and the failures of protection.

• Case examples:

  • Non-Indigenous officers' deadly force against Indigenous individuals (e.g., Chantel Moore, Rodney Levi) indicate systemic failures to engage constructively with Indigenous populations.

• Policing often employs stereotypical reasoning leading to prejudged conclusions about Indigenous violence and missing person reports, resulting in further neglect.

• There’s a distinction between unintentional systemic discrimination versus overt bias within policing practices.

  • This discrepancy arises from unconscious biases and standard practices failing to respect Indigenous customs, languages, and unique histories.

TRIBUNAL AND POLICY RECOMMENDATIONS

• The Tribunal ruling in favor of the Pekuakamiulnuatsh First Nation highlights recognized systemic discrimination in policing.

• The federal government has been aware since at least 1990 that equal treatment in policing cannot simply involve treating Indigenous peoples the same as non-Indigenous people.

• The government’s Indian Policing Policy Review recognized that culturally sensitive policing could help address prejudicial over-representation in the justice system, verified by past data showing 10% of male prisoners and 13% of female prisoners identified as Indigenous.

• Recent trends show worsening over-representation of Indigenous peoples in the penal system, arising from policing negligence toward crime prevention and justice practices.

• A proper approach to crime prevention must avoid systemic discrimination through culturally sensitive methods tailored to Indigenous peoples.

• Truth and Reconciliation Commission: Emphasized that clear distinctions between offenders and victims fail to capture intertwined realities within Indigenous communities regarding crime.

• Police are tasked with opening avenues for community-led healing and prevention initiatives rather than monopolizing responses amid historical injustices.

• Existing top-down funding models must shift toward granting Indigenous self-determination in policing to avoid replicating past harms.

INDIGENOUS SELF-DETERMINATION

• Merely increasing funding will not suffice; established self-determination for Indigenous policing framework is essential.

• The federal government has rejected past recommendations for reviving Band Constable programs, which have demonstrated effectiveness based on community trust.

• New legislation recognizing Indigenous policing aims to foster communities' rights to opt for diverse policing options, including unarmed community workers and peacekeepers.

• Historic context reveals a compelling need for Indigenous control over policing frameworks, allowing choices that resonate with unique community needs.

• Democratic policing should include public debate and self-determination on community-specific policing needs to enhance community safety and well-being.

• Indigenous communities must draw on resources aligning with their historical agreements regarding self-determination and governance, to develop efficient models of community safety.

NATIONAL AND PROVINCIAL POLICING

• Discussions emphasize that the solutions may include integrating and improving the operational accountability of police services to serve all Indigenous people adequately.

• There’s ongoing critique regarding traditional policing styles overshadowing relationships with Indigenous communities, necessitating a shift to community-oriented approaches.

THE CASE FOR SELF-MANAGED INDIGENOUS POLICE SERVICES

• Federal government recognizes the necessity for self-managed Indigenous police due to historic tensions highlighted post-Oka uprising.

• Previous reports recommended establishing First Nations police forces accountable to local communities, advocating minimizing officer arming and ensuring regional development.

• Nishnawbe Aski Police Service:

  • Established in 1994, serves 34 First Nations communities with a focus on relationship-building and community engagement.

• Manitoba Aboriginal Justice Inquiry (1991): Voiced poor police-community relations and stressed the need for police oversight by Indigenous communities to bridge gaps in expectations.

• 2007 Ipperwash Inquiry: Advocated for Indigenous control over policing and recognized the potential of Indigenous police to adopt peacekeeping principles better suited to community contexts.

• Expert Analysis (2019): Identified operational shortcomings in funding structures limiting many Indigenous communities from establishing effective policing responses tailored to their needs.

SUCCESS STORIES AMONG INDIGENOUS POLICE SERVICES

• Despite the challenges, some Indigenous police services model broader approaches to community safety aligning with their values:

  • The Nishnawbe Aski Police Service has cultivated a positive policing culture based on communication.

  • The Tsuut'ina Nation Police Service emphasizes relationship building through community outreach and maintaining officer well-being.

• The focus on integrating mental health and wellness support among officers is critical to the teams' sustainable success in these roles.

• The File Hills First Nation Police Service facilitates community engagement via Justice Committees and traffic duties.

• Notably, unrest over the efficacy of Indigenous police services raises concerns about replicating negative traits of non-Indigenous forces, nudging some communities toward considering peacekeeper alternatives.

POLICING OF INDIGENOUS RIGHTS PROTESTS

• The police approach towards Indigenous rights demonstrations has heightened tensions, with reports of intelligence gathering that conflates dissent with threat.

• Excessive force and militarization in policing protests have raised critiques over the financial toll and implications for social justice.

• Existing laws surrounding protests complicate the police's role, often reducing complex social grievances to enforcement orders, leading to potential injustices and disparities in treatment between Indigenous and non-Indigenous protests.

CONCLUSION

• Indigenous police services' potential lies in community-directed funding, aligned with broader community safety approaches.

• Federal acknowledgment of equitable Indigenous policing must transcend mere legal frameworks to allow comprehensive community support systems involving diverse resources and strategies.

• Future policing strategies should prioritize community needs and solicit feedback for developing effective governance structures, ensuring Indigenous self-determination leads the path forward in reform.