Quebec's Indigenous communities denounce the underfunding of their police forces

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Indigenous communities are calling on Quebec and the federal government to provide more funding for Indigenous police forces and not to appeal a Quebec Court of Appeal ruling in favour of the Pekuakamiulnuatsh Takuhikan First Nation on this issue.

The Court of Appeal of Quebec, in a decision rendered on December 15, ruled in favour of the Pekuakamiulnuatsh Takuhikan First Nation. The community, located in the Saguenay-Lac-Saint-Jean region, was claiming $1.6 million from Quebec and the federal government to make up for the deficit in its police service accumulated between 2013 and 2017.

The ruling vindicates Indigenous communities who have been decrying the underfunding of their police forces by the federal and provincial governments for "years," Assembly of First Nations Quebec-Labrador (AFNQL) Chief Ghislain Picard said in an interview.

"It would make perfect sense for our communities across the country to receive the same consideration as other police forces," said Picard.

"At the end of the day, our police forces are responsible for enforcing the same laws and ensuring the same public safety. Why shouldn't we be funded at the same level as other police services?"

Pekuakamiulnuatsh First Nation Chief Gilbert Dominique said the underfunding of Indigenous police forces is an example of systemic racism.

"The ruling shows that First Nations are in the best position to identify the real needs of their communities," he said in a statement.

Picard was unable to put a figure on the extent of underfunding of police forces across the country. He estimates that the average Indigenous police officer is underfunded by half compared to officers in other police forces when compensation, training and infrastructure are taken into account.

This underfunding has an impact on the safety of communities while some Indigenous police officers choose to pursue careers in other police forces where they are paid more.

"Ensuring peace and order comes with a cost," said Picard. "If the community is not able to assume this cost, it is certain that the police service itself will suffer, as will the public safety of the members of our communities."

'DISHONOURABLE CONDUCT'

The Court of Appeal's decision overturns a previous Superior Court decision in 2019. Justice Jean Bouchard concluded that the federal and Quebec governments engaged in "dishonourable conduct" in this case.

In their defence, the respondents argued that the fact that the services of the Sûreté du Québec (SQ) were free for the Indigenous communities demonstrated their good faith. However, numerous reports have shown that SQ services are not adapted to the culture and specific needs of Indigenous people.

"By remaining deaf to the grievances of the appellant who, rather than using the Sûreté du Québec, accepted to be served by a police force of lesser quality, the respondents violated their obligation to act with honour," ruled Justice Bouchard.

The ruling resonated across the country as the Assembly of First Nations of British Columbia (AFNBC) has joined the AFNQL and the Pekuakamiulnuatsh First Nation in calling on the governments not to appeal the ruling to the Supreme Court.

In Quebec City, the Minister responsible for Relations with First Nations and Inuit, Ian Lafrenière, said that the court ruling must be analyzed before deciding whether the government will appeal it.

"We are sitting at a technical table so that we can find, in collaboration with the Indigenous communities, how to innovate in terms of Indigenous policing," he said.

In a year-end interview with The Canadian Press, federal Public Safety Minister Marco Mendicino said he plans to introduce legislation next year that would affirm Indigenous policing as an essential service.

He said First Nations are entitled to "the same quality of policing" as non-Indigenous communities.

This report by The Canadian Press was first published in French on Dec. 21, 2022.