Law 12Policing and ArrestMs. Ripley
Aboriginal Policing Initiatives in Saskatchewan: Student Handout 2.10 (guide)
The goal of self-administered policing in Aboriginal communities has grown from larger initiatives toward self-government, and a desire to reform the criminal justice system in Canada into a system more effective in its interactions with Aboriginal peoples. The goal of Aboriginal Policing Initiatives in Saskatchewan is to implement self-administered policing in Aboriginal communities, thereby creating a more culturally responsive system. Presently, police services are the constitutional responsibility of the provinces. In Saskatchewan, communities arrange policing under the jurisdiction of Saskatchewan Justice, opting for either locally constituted police services (such as the police services found in many Saskatchewan cities), or contractual arrangements with the R.C.M.P., who then assign policing duties to individual detachments. Recognition of the right to establish locally controlled police services in Aboriginal communities is based in two factors, including the establishment of a Mohawk police service in 1970, legitimized by the Supreme Court of Canada. As well, the Indian Act provides for establishment of First Nations Police Services Agreements. As most local communities have options regarding the nature of police services they receive, Aboriginal Policing Initiatives serve to provide options to Aboriginal communities as well.
Local control of policing in Aboriginal communities begins with a Band Council resolution, indicating a desire to enter a policing agreement with the federal government. This resolution is then forwarded to the Federal Solicitor General and Provincial Department of Justice for approval to establish a local policing initiative. If the resolution is approved, the R.C.M.P. provide data to the community, in order to determine the number of officers and clerical support staff required in the provision of police services. As well, funding for an Aboriginal Elder is included in policing agreements, in order to enhance culturally sensitive policing, and to assist new officers in their adjustment to their roles in the community. Funding in policing agreements is also made available to provide office space and personal lodging for officers.
In support of such initiatives, the federal government committed financial resources in 1991, and in 1993. A framework agreement was established between the federal and provincial governments and the Federation of Saskatchewan Indian Nations. As of the year 2000, a total of 30 Community Tripartite Agreements were in place in Saskatchewan, including 45 of a total of 72 individual Indian bands. In many of these 45 Aboriginal communities, Police Management Boards have been established, in order that members of a particular community have an avenue to provide direction regarding the nature of policing services, and to identify areas they believe should be emphasized in the process of community policing. As well, in May of 1999, an arrangement referred to as the New North Agreement was adopted through a Memorandum of Understanding between the federal and provincial governments and the 35 northernmost municipalities in Saskatchewan. Under this arrangement, Community Police Boards have been developed, with roles similar to that of the Police Management Boards. Among the most fully developed of the Aboriginal Policing Initiatives in Saskatchewan is that of the File Hills Tribal Council; it is the first of the tripartite agreements to result in the establishment of a full-fledged self-policing mechanism for member bands. Over a period of five years, the R.C.M.P. will move out of policing in these communities, while the File Hills Police Service takes responsibility for policing in the region. The transition is being implemented over time in order to enhance the effectiveness of the initiative. It is hoped that this agreement, and others that will follow, will improve both the reality and perception of police services for Saskatchewan’s Aboriginal communities.
For Consideration
- How might the establishment of locally controlled police services enhance the administration of justice for people living in Aboriginal communities?
- What jurisdictional issues may arise from such initiatives?
- Why are initiatives such as the File Hills Agreement important to Saskatchewan people?