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Results: 1 - 12 of 12
Graydon Nicholas
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Graydon Nicholas
2021-02-22 17:10
Thank you very much.
Good afternoon, everyone.
Good afternoon, members of the House of Commons who are studying this private member's bill, Bill C-228. I am grateful for this opportunity to share some experiences I had during my days as a social work student, as a lawyer representing persons before the courts in New Brunswick, and as a provincial court judge.
I am a member of the Wolastoqiyik Nation from the Tobique First Nation. I worked with indigenous persons who are incarcerated at the Guelph Correctional Centre as a social work student during my studies at Wilfrid Laurier University in a field placement in January to April, 1973. Persons who were sentenced to two years less a day served their imprisonment there. It was an eye-opener for me, because I was already a lawyer before I went to study for my master's degree in social work. I defended indigenous and non-indigenous persons charged with summary and indictable offences under the Criminal Code of Canada.
When a client is found guilty or pleads guilty, information gathered by a probation officer is very crucial in making submissions to the sentencing judge on behalf of their client. As a probation officer, your duty is to make the best submission on their behalf to a judge for an appropriate sentence.
As a provincial court judge, you must listen to what is presented by the Crown prosecutor and the victim, read the victim impact statement, and listen to the submissions of the defence counsel and the accused, who may wish to speak. You must also read what is in the pre-sentence report and letters of support, and you must apply the principles of sentencing found in the Criminal Code. Whatever sentence you decide to give is not easy and is subject to appeal.
I have seen many persons who were repeat offenders. It could be because of their psychological state of mind, addictions or a deliberate refusal to abide by the conditions of a probation order or bail conditions, or because they didn't care. I call them “the walking wounded”.
There are no winners in the criminal justice system. The victims and the communities have legitimate fears that the offender will exact revenge unless fundamental changes are introduced into their lives. Programs must be made available for the rehabilitation of the offender. It depends on the length of the sentences in institutions or in the community, which need the resources to change the behaviour of the offender. Often, counselling may continue beyond the time served, and this can be put into the conditions of a probation order.
Indigenous persons have a high and a sad representation in penal institutions in our country. There are many factors that contribute to these statistics. Many are historical, many are because of poverty, and many are because the current justice system does not reflect the values of their communities. There have been many studies done to recommend fundamental changes in the criminal justice system, but not enough has been done to implement them.
I want to commend the initiative of the member of Parliament, Mr. Richard Bragdon, and your other members who have introduced this important legislative blueprint.
Thank you very much. Woliwon.
I can stay until about 5:45 your time.
Michèle Audette
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Michèle Audette
2020-11-18 17:07
[Witness spoke in Innu as follows:]
Kuei! Kassinu etashiek, tshipushukatitunau, nin mak nussim Uasseuiat, kuei! Tshika itatunau innuat ute utassiuau Malécites, Abénakis, Wendat mak (Abe) Atikamek
[Witness provided the following translation:]
Thanks to the Wendat, Innu, Atikamekw, Malecite and Abenakis nations for welcoming me to this territory.
Good afternoon, everyone. I will speak in French.
Doris Bill
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Doris Bill
2020-07-23 14:19
Well, dä`nnch'e, and good afternoon, I guess, where you are.
Thank you for the invitation to be a part of this very important conversation.
I look forward to sharing information about my community, the Kwanlin Dün First Nation, or KDFN, and summarizing a collaborative, community-driven approach we have created to address community safety concerns.
I am not here today to dispute whether systemic racism in policing exists. While I can't say it is as widespread as it once was, I think we can all agree it is real and that it lives on in many of our communities and institutions today.
Given the global conversation, I would like to premise my words by saying I openly support those speaking out against systemic racism and I acknowledge the harmful effects it has had on the health and well-being of first nations people, and indeed other people of colour.
At the same time, I see value in our existing policing services. While I am not a supporter of the calls to defund policing services, I think reform is needed. Here at home, I am sure our police department could use some additional resources, given the increased crime in our area. In some cases the increased demands and inadequate resources have had a trickle-down effect, especially as it relates to prioritized calls and response times. Citizens have reported it can sometimes take an hour or more for an officer to show up, and there have been calls for which no officers attended at all.
To provide further insight, shortly after I was first elected in 2014, KDFN began looking for ways to deal with community safety concerns. I think the breaking point came after the murders of two people. These unfortunate tragedies were the catalyst for change. It brought to the surface many issues and challenges around being an urban first nation.
Through many discussions with our citizens, we learned of numerous break-ins and violent crimes. We heard from single moms who were sleeping with baseball bats by their beds, from elders who didn't feel safe going out for a walk and from citizens concerned with bootlegging and drug houses. Simply put, our community was crying out for change.
It was also made very clear that there still remained a strong distrust of the police. People are often reminded of the trauma from residential schools, the sixties scoop and forced relocations when dealing with the police, not to mention that the intergenerational fallout continues to be a challenge. As well, let's not forget about the unfinished business surrounding missing and murdered indigenous women and girls.
In many ways, the Truth and Reconciliation Commission, along with its 94 recommendations, and our constitutionally protected final and self-government agreements helped to establish the initial path forward.
The first step in any crisis is the admission that there is a problem, and there needs to be a demonstrated willingness to listen and participate in the hard discussions. That also means not being afraid to scrutinize your own environment. We cannot criticize if we are not willing to accept our own shortcomings. In our case, we chose to listen, learn from one another and put the words into action.
From the onset, we knew that if we were going to turn things around, we had to engage our community; and if meaningful change were to occur, it had to come from within. We also needed to reset and rebuild relationships with our community partners, so together, with the community's help, we created a comprehensive community safety plan.
We established an interagency working group of community partners including the RCMP; Bylaw Services; the Safe Communities and Neighbourhoods unit, or SCAN; Public Safety and Investigations; and the Correctional Service of Canada. We built an innovative community safety officer program, or CSO program, which launched in 2016.
It is the CSO program that I wish to highlight today. The program is designed to strengthen relationships. It works closely with law enforcement, provides early detection and de-escalation of conflict in the community, and is culturally responsive. It has been well received by our citizens.
I wish to be clear. The CSO program is not intended to replace the police. The four officers we have don't enforce the law but help to de-escalate in certain situations. They have also intervened in cases that could have ended badly, especially for women who were in unsafe situations.
It is a great example of conflict-free resolution. It has proven its worth not only to the community but to the RCMP, which has provided support to this program because it has been such a help. The CSO program frees up RCMP officers to do other work. The calls to service have been reduced significantly since the program started.
While funding continues to be an issue, the program has gained full participation of the Yukon government, the RCMP and many other community partners. We have learned a lot about each other in the process.
Any officer working in a first nation community needs to understand the dynamics, the culture, the history, and the trauma of our people. This is key to strengthening the connection and relationship with the community.
We remain committed to the process. Recently, we signed a historic document with the RCMP, defining a new relationship. The letter of expectation, or LOE, promotes a positive and co-operative relationship and provides policing priorities, goals, and strategies that are specific to the needs of KDFN.
Ultimately, it is about choosing a path where strong partnerships allow us to develop the kind of policing we know we need in our community. If we are truly going to make a difference, the justice system must create the space for community-borne safety initiatives like ours. I think we can agree that together we can bring about the much-needed change we seek.
Sha¨`w nithän, gùnálchîsh, mahsi cho.
Terry Teegee
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Terry Teegee
2020-07-23 11:10
Thank you.
I just want to acknowledge the territory that I'm on right now, the Shuswap territory in British Columbia.
Seeing that I only have seven minutes, I just want to thank everybody for this very important matter in terms of policing. I think, during this pandemic since March, we've seen a lot of situations where many first nations have been adversely affected by policing, whether it was the three in Winnipeg, Chantel Moore on a wellness check in New Brunswick or Mr. Levi in New Brunswick as well. I myself have a family member, Everett Riley Patrick, who died in custody in Prince George, British Columbia.
Going forward, I do have a presentation. It was quite lengthy, and it really talked about the history of policing, not only in British Columbia but, I suppose, Canada itself.
I just want to move right to the recommendations, which, I think, are quite important. I have 14 recommendations that came from our organizations. I just want to note, too, that, as the regional chief of British Columbia, I hold this file for justice, as well as Ghislain Picard. He's the regional chief for Quebec and Labrador.
The first recommendation is really to accelerate federal action on the calls to justice of the National Inquiry into Missing and Murdered Indigenous Women and Girls. The federal government finalized the report last year and promised an action plan within a year. That year has passed, and right now we really need those calls to justice implemented. There were well over 231 recommendations.
Recommendation number two is working with first nations on a legislative framework to support first nations-led policing with the proper financial resources to support self-determining efforts of first nations policing services. Recently we heard from the federal government that there is a promise to go from program funding to essential services funding, but it has to be much more than that, and more so for first nations that are asserting their sovereignty and their self-determination in terms of policing. There are tripartite agreements with many first nations and also with first nations that have treaties, and those need to be finalized in terms of making it clear how those laws are implemented. Really, I think creating a better relationship with federal and provincial governments is required.
Recommendation three is federal and provincial support for first nations' restorative justice initiatives and respect for the jurisdiction that arises from such initiatives. Prior to colonization, many first nations, Inuit and Métis peoples had their own model of policing and their own laws. They asserted their laws, and those laws need to be upheld.
Recommendation four is to immediately establish an independent review of the RCMP's operational practices involving wellness checks that provides recommendations for reforms. As expounded in point five, police are ill-equipped to deal with sensitive situations involving wellness checks. An independent review is needed to make recommendations on how other services, like mental health support, homelessness and other social work services, can be addressed without the police, and more importantly, in terms of mental health, it's really required there.
Recommendation five is redirecting fiscal resources from militarized policing to much-needed and more effective social supports such as mental health support, homelessness support and social work support that do not require police presence.
Recommendation six is the implementation of zero-tolerance policies on the use of excessive force.
Recommendation seven is for a review of the RCMP Act to include providing more power to a civilian oversight body and providing provisions that clearly state first nations' jurisdiction in matters of policing.
Recommendation eight is to develop legislation that outlaws white supremacist ideologies, while simultaneously increasing the role of the Canadian Human Rights Commission to deal with the private matters involving racist hate speech and action.
Recommendation nine is for greater accountability for the protection and respect of the fundamental human rights of first nations, including the implementation of the United Nations Declaration on the Rights of Indigenous Peoples.
Recommendation 10 is to increase the use of police body cameras in first nations communities and access to video records.
Recommendation 11 is to enhance de-escalation and implicit bias training, including cross-cultural training.
Recommendation 12 calls for recruitment and promotion of first nations within the Royal Canadian Mounted Police.
Recommendation 13 is to change the name of Canada's national police force to police service—it's not a “force”, but should be a “service”—to signal to the rest of Canada that violence towards first nations and other racialized groups is no longer tolerated.
Recommendation 14 is to create a national first nations justice strategic framework, action plan and commitments, led by first nations with the full support and partnership of Canada and the provinces.
For British Columbia, we have a British Columbia first nations justice strategy that involves justice not only within the province of British Columbia, but nationally. I believe we're the only province and region that has a strategic plan. Thanks are due to our chair, Doug White, who's on this call right now, and our B.C. First Nations Justice Council for developing that plan. We need more like these.
Currently, we are working on a proposal to the federal government, and certainly we need support from other regions. We're out there soliciting other regions and other provinces' first nations to say what they would see strategically in a national justice strategy.
I think it really involves policing. For many years, since colonization began, the police force was used to take our people off the land. More recently, with the advent of the residential school policies, many of our children were taken from our homes and brought to residential schools.
In my language, Dakelh, the Carrier language, we call the RCMP nilhchuk-un, which, interpreted in our language, is “those who take us away”. Really, it was the RCMP who took our children away. In many respects, that's the way we still see the RCMP—as we've seen even during this pandemic—because of the many instances of excessive use of force on our indigenous people across this country. There definitely needs to be systemic change, away from very punitive policies towards indigenous peoples and racialized minorities in Canada.
Here, what we're looking at is more restorative justice and a call to look towards rehabilitation and towards alternatives to jails. In Canada and British Columbia, many first nations lead statistically in terms of incarceration rates and also in terms of those who have died during custody.
Right now, policing is seen as mainly a program fund, although Minister Blair has promised us right now that it will become more essential services funding. That is a positive move, but I think it needs to be more than that. You'll definitely hear from other indigenous leaders in this presentation calling for the same thing. We definitely need a change in policing in this country that we call Canada.
With that, I'd like to thank you all for listening to my presentation today. I look forward to the other presenters here today.
Mahsi cho, thank you very much.
Natan Obed
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Natan Obed
2020-07-23 11:21
Thank you, Mr. Chair. It's great to see everyone. Ublaahatkut, good morning.
I'll be sharing my time with President Kotierk.
The Inuit Nunangat is the homeland for Inuit. It encompasses 51 communities spanning four regions: in the Northwest Territories, Nunavut, Nunavik and Nunatsiavut.
We, as Inuit, disproportionately experience police violence compared to most other Canadians, as well as a host of challenges in accessing justice. Police violence isn't just an issue unto itself; it is part of a larger systemic issue in relation to social inequity. Things such as housing, mental health care, access to education, employment, poverty, all these things have to be discussed in relation to police violence as well.
We see police violence through the high rate of police-related deaths in the communities in comparison to other regions of Canada. Although aggregated data is not available for all four Inuit regions, and also not available for Inuit living outside of Inuit Nunangat, what we know paints a distressing picture of the systemic nature of police violence and discrimination against many of our communities.
There were 16 police-related deaths in the last 20 years. Nunavut's overall per capita rate of police-related deaths since 1999 is more than nine times higher than that of Ontario, and about three times higher than that of both Yukon and the Northwest Territories.
The situation in Nunavik is also grim. Between July 2014 and October 2018 alone, eight Inuit were killed and at least four injured by the Kativik Regional Police Force. Between 2016 and 2018, the KRPF was involved in about 10% of all cases of police-related deaths or injuries in the province, or 55 times that of the Montreal police force. The situation for Inuit in the Northwest Territories and Nunatsiavut, as well as for those living outside Inuit Nunangat, is less clear.
What is clear is that systemic racism, and racism itself, kills. The police force is largely itinerant. They don't have a clear connection to community, and there are very few police officers who are Inuit. This leads to the types of staggering figures that I just discussed with you.
Action is required to curb these disturbing trends, and these actions should include a systematic, independent review of the policing practices of the RCMP and the KRPF. In consideration of that action, Inuit participation in the construction of the governance of that review should be first and foremost. We are tired of being left on the sidelines when there are reviews, because in the end, our views and our perspectives are always at risk of being drowned out by other considerations.
Buying cameras and other measures should be taken to enhance transparency and accountability within law enforcement. Greater recruitment and retention of Inuit and Inuktitut speakers in law enforcement is necessary to build trust and improve communication between Inuit and law enforcement. Aggregated Inuit-specific data from across Inuit Nunangat, as well as outside Inuit Nunangat, is required to more fully understand and address police-related violence against Inuit.
I'll hand the rest of my time over to President Kotierk.
Aluki Kotierk
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Aluki Kotierk
2020-07-23 11:25
Qujannamiik Natan. Ullukuut.
An imbalance of power and control has characterized the relationship between the RCMP and Nunavut Inuit since the relationship began. This is well documented through the Qikiqtani Truth Commission, which describes the relationship between 1940 and 1975. The RCMP came to our homelands as agents of the federal government, not only as agents of change, agents of colonialism, but also with the self-interested view of a country that needed to assert Arctic sovereignty.
There is no doubt that the relationship between Nunavut Inuit and the RCMP is complex and strained. The RCMP was instrumental in relocating Inuit families into communities; the RCMP was instrumental in sending Inuit children to residential schools; the RCMP was instrumental and in the slaughter of Inuit sled dogs.
I'll quote John Amagoalik in speaking about how his family was moved from Inukjuak in Northern Quebec, Nunavik to the High Arctic in Nunavut:
I think it is important for people to understand that when the RCMP made a request to you in those days, it was seen as something like an order. You are ordered to do this. The RCMP officers had a lot of power. They could put you in jail. That's the way they were viewed in those days. A request from the police was taken very, very seriously.
Today, many of the social and economic challenges experienced by Inuit are rooted in the loss of power and control caused by much of the colonial relationship. Due to the scarcity of mental health services and supports, the RCMP is often the first stop for Nunavut Inuit to get access to care, yet care is often not received. Instead, Inuit are targets of excessive force in interactions with the RCMP.
As Natan pointed out, since 1999 there have been at least 15 deaths in Nunavut at the hands of the RCMP. The RCMP does not understand our culture, nor does it understand our language, as demonstrated by the ratio of Inuit to non-Inuit officers in Nunavut.
No wonder there is a relationship of distrust between Nunavut Inuit and the RCMP. If in fact the purpose of the RCMP is to serve and protect, the onus and responsibility is on the RCMP to build the trust in our Inuit communities. There needs to be a trauma-informed approach that recognizes that in very recent history, Inuit have experienced a shift in power and authority, and that there are reasons why there are social ills in our communities.
There needs to be an independent oversight model that monitors the behaviour of the RCMP and its interaction with Inuit. There need to be more Inuit RCMP officers. There needs to be better cultural training for RCMP officers who will be working in our Inuit communities. In order to nurture and strengthen community trust or community relationships, RCMP officers need to stay in our communities longer so they become part of our communities.
Thank you.
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NDP (NU)
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2020-07-23 11:51
Matna, Chair.
Thank you to all of the witnesses for being here to share your wonderful knowledge.
Here's a shout-out to the IT team and translation for always keeping us on track.
I would like to point out as well that it is President Kotierk and President Obed. Her title is president, just as Natan's is.
My questions are for both of them. I'm going to start with President Kotierk.
Do you think that the relationship between the RCMP and Inuit has ever been a good one?
Aluki Kotierk
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Aluki Kotierk
2020-07-23 11:53
Qujannamiik
I think it's a very complex relationship between Nunavut Inuit and the RCMP, one in which the RCMP relied heavily on Inuit because they were not able to live in our Arctic homelands, did not know what to eat, did not know how to keep warm and did not know how to transport themselves, so Inuit were the experts in that and very helpful. At the same time, they played a very authoritative role and were very intimidating, so many Inuit, similar to the quote I read from John Amagoalik, were intimidated and felt that they had no choice but to listen to the authority of the RCMP.
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NDP (NU)
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2020-07-23 11:54
Great. Matna, President Kotierk.
President Obed, oftentimes Inuit aren't necessarily on national headlines, and we have been having this discussion, especially around the Black Lives Matter movement, that indigenous lives matter. We have been seeing those kinds of things throughout the country. Can you talk to specific examples? I'm going to use one to kick us off.
For example, in Kinngait we saw that the video circulated and got national attention. Could you give us some more recent examples of those interactions between RCMP and Inuit that result in death?
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NDP (NU)
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2020-07-23 11:56
Matna, President Obed. I have about 30 seconds before the next question.
We talk about defunding the police, and I think that scares some people. Instead of raising it that way, what other services and resources should we be looking at investing in for Inuit?
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NDP (NU)
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2020-07-23 12:12
Matna. Thank you, Chair, and a quick shout-out to you. You've been doing great with time today. I really appreciate it.
For context, as well, for the rest of the committee, when we're talking about Nunavut, we're talking about a population that is just a bit bigger than Charlottetown, P.E.I. I want to put that into context, especially when we're talking about numbers.
We know that since 2010 in Nunavut, the rate of police-related deaths is 14.35 times that of Ontario. We know that suicide is nine times the rate. We know that women in the north experience violence at three times the rate of the rest of Canada.
My question is for President Kotierk.
We saw in June that this government has delayed their timeline in response to murdered and missing indigenous women and girls. What do you think that says about the relationship the federal government has to Inuit and majority Inuit communities, and what does that say about the value in that relationship and the value of Inuit lives?
Aluki Kotierk
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Aluki Kotierk
2020-07-23 12:13
Matna.
I think it signals very publicly the message that it's not a priority, despite the very public inquiry and the platitudes of how important it is and how the relationship with indigenous peoples is more important than other relationships.
I liken it to a recent document that I read here in Nunavut, where similarly the RCMP are called by Inuit women because they're seeking assistance in a violent situation and the RCMP do not show up. It feels in that sort of vein, that all the information is now publicly available, and yet it's not important enough to action it.
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