Federal officials blamed AFN for delays on First Nations policing bill, documents show
Federal officials worried long-promised legislation declaring First Nations policing an essential service was being delayed by Assembly of First Nations hesitations about the bill, newly released internal documents show.
Records obtained by The Canadian Press under the Access to Information Act also appear to show that one of the sticking points for both the advocacy organization and Ottawa is whether to recognize policing as an area of First Nations jurisdiction -- something the government has done when it comes to child-welfare services.
Prime Minister Justin Trudeau promised his government would bring forward a new First Nations policing law in 2020 after years of calls from Indigenous leaders.
The federal government committed to co-develop the law with the Assembly of First Nations, which represents more than 600 communities across Canada.
Last year, calls for legislative change were once again amplified after 11 people were killed and 17 injured in James Smith Cree Nation and the nearby community of Weldon, Sask.
The RCMP was the police service of jurisdiction, with the closest detachment located nearly 50 kilometres away. That prompted the community to call for immediate changes to emergency services in the area, including faster response times.
The anniversary of the tragedy is coming up at the beginning of September, yet the advocacy organization and Ottawa appear to be stalled on what a law around First Nations policing should even look like.
And leaders of existing First Nations police services say their offices are cash-strapped under an inequitable and overly rigid funding program from the 1990s that is cost-shared with provinces.
Some of the trouble between both sides is outlined in briefing notes prepared for the Public Safety Department's top bureaucrat ahead of a pre-budget meeting earlier this year with the then-CEO of the Assembly of First Nations.
The documents show officials were concerned things were not moving fast enough for the government to meet its promise to table a bill before Parliament's summer recess.
"There is a significant risk that (the public safety minister) will not be able to table a First Nations police services bill by June 2023 due to ongoing challenges with the AFN, which limits timely progress," one briefing note said.
It also said the department has "drafted and shared with the organization several products since June 2022," but that the AFN had yet to provide comments or share reports on their "regional engagement activities," leading to "continued delays."
The AFN said in a statement Wednesday that it responded to the department in January and made further attempts to discuss the government's position to "not include rights and recognition in their principles document."
Regional Chief Ghislain Picard, a member of the AFN's executive who handles justice matters, said communication with the federal government is difficult because they are not aligned on what the bill should look like.
"We're very much interested in seeing a bill that acknowledges or recognizes First Nations policing as an essential service," Picard said in an interview.
But where the First Nations organization and Ottawa go separate ways is in terms of who would have jurisdiction: the provinces or the First Nations.
The federal government enshrined rights recognized by Section 35 of the Constitution -- which reaffirm inherent and treaty rights -- when it passed Indigenous child-welfare legislation, giving First Nations jurisdiction over those services.
Picard suggested they should do the same for a policing bill.
"The UN Declaration (on the Rights of Indigenous Peoples) has the right to self-determination right in it," he said.
"That's certainly, in our view, the right to be establishing our own institutions."
Trudeau has repeatedly said that the federal government's relationship with Indigenous Peoples is charting a new course -- one that respects rights in the spirit of reconciliation.
But the newly released documents show Ottawa is reluctant to go all the way when it comes to jurisdiction.
Speaking points for the deputy minister of public safety in one briefing note say Ottawa believes existing provincial policing laws allow for "effective" services, as they already include standards and processes for public complaints.
"We expect that First Nations police services continue to be regulated by provincial policing legislation following the passing of the federal legislation."
Public Safety Canada has not responded to a request for comment.
The assembly's lawyer, Julie McGregor, spoke about the recognition of rights in the bill being a "sticking" point in negotiations at a gathering last month in Halifax.
She told the organization's general assembly that the Department of Public Safety had provided a written explanation of its plans for the legislation -- and "it advised it does not have the mandate for inclusion of First Nations jurisdiction or rights recognition."
Picard said it has proven difficult to organize a meeting with the federal government, especially given last month's cabinet shuffle.
Dominic LeBlanc took on the public safety portfolio from Marco Mendicino, who has been dropped from cabinet altogether.
Before the shuffle, the AFN had scheduled a meeting with Mendicino, Picard said. Now, it is waiting for LeBlanc to get fully briefed on the issue.
The organization has called on LeBlanc to prioritize First Nations policing and promised it will "continue to pursue a true co-development process."
But Picard said that with a "less than certain" future ahead for the Liberal government and the potential for an election anytime under a minority Parliament, there's "a lot of considerations to be had" about the future of the bill.
And the discussions must recognize that the federal government has a role to play on the money side, he said -- not just provinces and First Nations themselves.
"First Nations policing has to not only be recognized as an essential service," said Picard.
"It should be funded as such."
This report by The Canadian Press was first published August 16, 2023.
IN DEPTH
Budget 2024 prioritizes housing while taxing highest earners, deficit projected at $39.8B
In an effort to level the playing field for young people, in the 2024 federal budget, the government is targeting Canada's highest earners with new taxes in order to help offset billions in new spending to enhance the country's housing supply and social supports.
'One of the greatest': Former prime minister Brian Mulroney commemorated at state funeral
Prominent Canadians, political leaders, and family members remembered former prime minister and Progressive Conservative titan Brian Mulroney as an ambitious and compassionate nation-builder at his state funeral on Saturday.
'Democracy requires constant vigilance' Trudeau testifies at inquiry into foreign election interference in Canada
Prime Minister Justin Trudeau testified Wednesday before the national public inquiry into foreign interference in Canada's electoral processes, following a day of testimony from top cabinet ministers about allegations of meddling in the 2019 and 2021 federal elections. Recap all the prime minister had to say.
As Poilievre sides with Smith on trans restrictions, former Conservative candidate says he's 'playing with fire'
Siding with Alberta Premier Danielle Smith on her proposed restrictions on transgender youth, Conservative Leader Pierre Poilievre confirmed Wednesday that he is against trans and non-binary minors using puberty blockers.
Supports for passengers, farmers, artists: 7 bills from MPs and Senators to watch in 2024
When parliamentarians return to Ottawa in a few weeks to kick off the 2024 sitting, there are a few bills from MPs and senators that will be worth keeping an eye on, from a 'gutted' proposal to offer a carbon tax break to farmers, to an initiative aimed at improving Canada's DNA data bank.
Opinion
opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster
A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?
opinion Don Martin: The doctor Trudeau dumped has a prescription for better health care
Political columnist Don Martin sat down with former federal health minister Jane Philpott, who's on a crusade to help fix Canada's broken health care system, and who declined to take any shots at the prime minister who dumped her from caucus.
opinion Don Martin: Trudeau's seeking shelter from the housing storm he helped create
While Justin Trudeau's recent housing announcements are generally drawing praise from experts, political columnist Don Martin argues there shouldn’t be any standing ovations for a prime minister who helped caused the problem in the first place.
opinion Don Martin: Poilievre has the field to himself as he races across the country to big crowds
It came to pass on Thursday evening that the confidentially predictable failure of the Official Opposition non-confidence motion went down with 204 Liberal, BQ and NDP nays to 116 Conservative yeas. But forcing Canada into a federal election campaign was never the point.
opinion Don Martin: How a beer break may have doomed the carbon tax hike
When the Liberal government chopped a planned beer excise tax hike to two per cent from 4.5 per cent and froze future increases until after the next election, says political columnist Don Martin, it almost guaranteed a similar carbon tax move in the offing.
CTVNews.ca Top Stories
2 died in plane crash near Squamish, B.C., police confirm
Two people died after a plane went down in a remote area near Squamish, B.C. on Friday, authorities have confirmed.
Grayson Murray's parents say the two-time PGA Tour winner died of suicide
Grayson Murray's parents said Sunday their 30-year-old son took his own life, just one day after he withdrew from a PGA Tour event.
Blaine Higgs 'furious' over sexual education presentation
New Brunswick Premier Blaine Higgs has shared his anger on social media over a presentation in at least four high schools.
After more than 100 years, Newfoundland's unknown soldier returns home
An unknown Newfoundland soldier, who fought and died on the battlefields in northeastern France during the First World War, is back home this weekend for the first time in more than a hundred years.
This type of screen time has the worst effect on kids: experts
According to some experts, there is one type of screen time that is continuously excessive, and it's having a severe effect on our children.
Driver, 18, gets $3,000 ticket, 32 demerit points after speeding on Laval boulevard
A young driver received a hefty fine from Laval police after they say he was driving nearly 100 km/h over the posted speed limit.
Trump confronts repeated boos during raucous Libertarian convention speech
Donald Trump was booed repeatedly while addressing Saturday night’s Libertarian Party National Convention.
Indianapolis 500 starts after 4-hour rain delay with Kyle Larson in the field
The Indianapolis 500 started Sunday after a rain delay of four hours with NASCAR star Kyle Larson still at the track and in the race.
Some birds may use 'mental time travel,' study finds
Real quick — what did you have for lunch yesterday? Were you with anyone? Where were you? Can you picture the scene? The ability to remember things that happened to you in the past, especially to go back and recall little incidental details, is a hallmark of what psychologists call episodic memory — and new research indicates that it’s an ability humans may share with birds called Eurasian jays.
Local Spotlight
Pomp, circumstance, and Crocs: Barrie, Ont. couple's unforgettable day at Buckingham Palace
When one is extended an invitation to the Royal Garden Party in London, England, there's undoubtedly no shortage of pomp and circumstance. Barrie, Ont. natives Megan Kirk Chang and her husband Brandon experienced just that as they entered the prestigious event hosted at Buckingham Palace on Tuesday.
Tim Meadows pledges not to shave until the Oilers win the cup, who are the team's other famous fans?
An unlikely celebrity emerged from social media to cheer on the Edmonton Oilers as they face the Dallas Stars tonight in Game 1 of the Western Conference Finals.
'Near and dear to all filmmakers': Return of Regina's discount theatre bodes well for fans, movie makers alike
The proprietors of Regina's sole discount theatre are aware they're carrying on a significant legacy.
'Best experience ever': B.C. baker on making it to the finals of Netflix's 'Is it Cake?'
When Jujhar Mann said he wanted to be a pastry chef on a grade school career project, he didn't imagine that pursuing his dream would land him on a popular Netflix baking competition.
Winnipeg flair on the menu at neighbourhood Houston restaurant
A city known for its history, ties to outer space and southern barbecue, is also home to a Winnipeg chef dishing out dozens of perogies.
Montreal photographer captures dramatic Canada goose vs. fox fight on video
A Montreal photographer captured the moment a Canada goose defended itself from a fox at the Botanical Garden.
Beyond books: Halifax libraries lends instruments, sports equipment, memory kits and more
Public libraries in Atlantic Canada are now lending a broader range of items.
'A special bird': The unbreakable bond between purple martins and humans
Flashes of purple darting across the sky mixed with the serenading sound of songs will be noticed more with spring in full force in Manitoba.
7-year-old Pokémon prodigy heading to Hawaii for world championship tournament
Catching 'em all with impressive speed, a 7-year-old boy from Windsor, Ont. who only started his competitive Pokémon journey seven months ago has already levelled up to compete at a world championship level.