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Results: 46 - 60 of 349
Jeff Preston
View Jeff Preston Profile
Jeff Preston
2021-05-11 11:06
Good morning, everyone. Thank you for having us today.
My name is Jeff Preston. I'm the officer in charge of the Campbell River detachment on Vancouver Island, British Columbia. I'm speaking on behalf of Inspector Dustin Rusk from RCMP indigenous relations services. He's having technical difficulties, so I'm going to read his opening remarks on his behalf.
I'd like to start off by recognizing that I am speaking from the traditional territories of We Wai Kai, Wei Wai Kum and Homalco first nations here on beautiful Vancouver Island.
The RCMP has an important role, along with other government and non-governmental agencies, to support the enhanced safety and well-being of indigenous communities. It is one of the RCMP's strategic priorities.
It is important for all frontline enforcement service providers, including the police, to be kept abreast of any legislative developments involving aspects of indigenous legal matters that are pertinent to law enforcement activities for indigenous communities. The RCMP and other policing service providers work in partnership with the ministries responsible for the safety and well-being of indigenous communities. The RCMP supports the need for enforcement on first nation reserves in relation to COVID-19 measures to control the spread of the disease and will continue to engage with the leaders of indigenous communities where the RCMP is the police service of jurisdiction.
At the onset of the pandemic, the importance of enforcing band-created bylaws related to COVID-19 became acute. The RCMP's response was to work with indigenous communities, the Public Prosecution Service of Canada—known as PPSC—and other partners to find ways that were lawful and respectful. Under sections 81 and 85 of the Indian Act, first nation communities may establish band bylaws relevant to the COVID-19 pandemic. Of particular relevance, section 81(1)(a) states that a band bylaw may be passed “to provide for the health of residents on the reserve and to prevent the spreading of contagious and infectious diseases”.
When investigation is warranted, the RCMP will carry it out and determine if there are reasonable grounds to lay a charge under a band bylaw. Generally speaking, band bylaws are treated as federal laws that are enforceable by the RCMP, the police of jurisdiction or the band bylaw enforcement officers. A contravention of the band bylaw is a summary conviction offence. The offence and circumstances will determine the appropriate form of release, appearance notice, undertaking or summons.
RCMP personnel continue to exercise judgment and operational discretion to enforce the COVID-19-related band bylaws, in accordance with relevant statutory and constitutional law as well as national and divisional policies. If there are any questions or concerns about whether charges are warranted or supported, RCMP personnel may consult the regional PPSC office for a Crown opinion.
With respect to COVID-19-related band bylaws, first nation communities may elect to consider entering into a prosecution and enforcement protocol agreement with the PPSC regional office and local law enforcement, often the RCMP, for the enforcement of a specific bylaw that relies on section 81 and/or subsection 85(1) of the Indian Act as a legal authority. There are several published examples of this protocol approach currently in effect in which the RCMP as well as other police agencies were involved.
A key example of this emanates from Duncan, British Columbia, where a protocol with the Cowichan Tribes was signed into effect in January 2021.This protocol sets out a procedure for the investigation by the RCMP and prosecution by the PPSC of offences set out in bylaws adopted by Cowichan Tribes and specifically enforced to address the COVID-19 pandemic through the bylaws. A significant aspect of this protocol is the option to consider restorative justice. Before submitting a report to the Crown for charge approval, the RCMP will consider whether the matter is appropriate for diversion to the Cowichan Tribes restorative justice program.
As indigenous communities continue to deal with the pandemic and to protect their members, the RCMP will continue to work with these communities in a collaborative manner and to prioritize their safety.
Thank you for having us today. We look forward to your questions.
View Pam Damoff Profile
Lib. (ON)
If there's a drug dealer on a reserve and the reserve wants to lay charges. who do they call, and what's the process? We know it's not just during COVID. This has been an ongoing issue. Could you go through the process for that, and where the barriers are?
Jeff Preston
View Jeff Preston Profile
Jeff Preston
2021-05-11 11:19
With regard to, for example, drug dealing, that is a Criminal Code or Controlled Drugs and Substances Act offence, so that's a federal statute. It's fairly easy; you call the RCMP or police of jurisdiction for that area, and then we would do our investigation.
The issue becomes whether we're successful in gathering enough evidence to support a charge under the CDSA or Criminal Code. A lot of times the first nation communities would like to get that individual off reserve. Then we have to start dealing with band bylaws, which may or may not even exist, and if they do exist, there's the issue of whether or not they are enforceable by the RCMP.
View Rachel Blaney Profile
NDP (BC)
Thank you so much, Chair.
Thank you for your presentation today. It has been very helpful, as have the questions you've answered.
I'll go first to Inspector Preston.
You spoke in your introduction about the fact that you have three first nation territories that you work upon. Could you talk about your experience in some of the hurdles or concerns you have when enforcing the various statutes and regulations, as well as bylaws and laws on first nation communities? Can you also add that context of how you deal with three different communities and the challenges that this situation might present?
Jeff Preston
View Jeff Preston Profile
Jeff Preston
2021-05-11 11:30
As I've stated, in each contract province in which the RCMP is the police of jurisdiction, there are over 100 statutes and regulations that we're expected to enforce. Unfortunately, not all of those regulations or statutes are applicable on reserve.
I'll give an example. Here in British Columbia, the B.C. Motor Vehicle Act, a pretty standard act, is not applicable on all roads within reserves. For example, in one of the communities here, on one of the roads going into the community, the Motor Vehicle Act applies, but as soon as you turn off onto a different road, still on the same reserve, the act doesn't apply. It becomes very difficult.
As officers, this is what we do for a living, so we get to know where we can and cannot apply the law, but it becomes very difficult to explain to the general public, and it builds mistrust when a member of the community calls and reports that so-and-so is driving when they know they're not supposed to be. We say, “Well, actually that doesn't apply on that road; please call us when they actually go over to a different road.”
As I say, it's very difficult to explain to the general public and it leads to mistrust and a loss of community confidence in their law enforcement.
With regard to band bylaws, it becomes even more difficult because of all the things we've talked about already, such as what it takes to enact the law itself and for the chief and council to actually come up with the law, because they have to work with lawyers. It gets to be very expensive, and then it comes to the enforcement. Who will enforce it; and if we do enforce it, what mechanism do we have in place for a dispute? If someone disputes that they were breaking the bylaw, who is going to hear that? Who's going to be the prosecutor? Who's going to be the judge?
It all becomes very complicated, and a lot of times communities do not have the capacity to roll with that.
View Jaime Battiste Profile
Lib. (NS)
Can you talk to me about what the discretion is like? Give me a sense. Let's say I'm a band. I reach out to the police and say I want to put up a blockade because COVID has become serious in my community and certain people aren't following the blockades or the check stops and they're driving right by our safety people. What's the discretion the police would have in terms of saying that they're not going to follow the band bylaw?
Amichai Wise
View Amichai Wise Profile
Amichai Wise
2021-05-11 11:46
I think that one would be best answered by the RCMP. I'd be happy to pass it to either one of my colleagues.
Jeff Preston
View Jeff Preston Profile
Jeff Preston
2021-05-11 11:47
That's an excellent question. In fact, that has happened here in my home detachment, where all three of the first nation communities have put up roadblocks to entering into the community.
Although there is no bylaw in place right now to say that these are enforceable, the RCMP has worked with each of the reserves to ensure that we will be there with them. If they run into issues with people trying to go past the blockade, and they have, we'll stand by and keep the peace and ensure that those laws are enforced.
Unfortunately, the issue is we have to stand by and keep the peace, which means we have to rely on the band representative to stand there and say, “You are not welcome on reserve” for whatever reason, and they are then the ones who are to tell people they have to leave. We will stand by. When I say "keep the peace", we'll be there to ensure that this individual isn't assaulted or threatened. If they are, or if it looks like they're about to be assaulted, then we'll step in, but we don't have the legal authority to stand there ourselves and say that someone can't come in and enforce this bylaw. We have to work with the community.
View Gary Vidal Profile
CPC (SK)
Thank you, Mr. Chair.
I want to follow up on where the conversation has been going on the concept of relationships and communication. Obviously this is my last opportunity today and I want to end it on a relatively positive note.
Staff Sergeant How, I know you have some stories in your own experience of some really positive things you've been involved in personally, and also some that your members, for whom you've been a leader, have been involved in. Back in your time as the commanding officer of Meadow Lake, when I was the mayor, you initiated a communication strategy to tell some of the good stories about what the RCMP was doing in our community, so that it wasn't always about the negative things. It wasn't always about the enforcement things.
I want to give you an opportunity to share two or three of these positive stories and how the impact of those positive stories could benefit those who are policing in first nations communities, both those that are neighbouring non-indigenous communities and those that are more remote and northern.
Ryan How
View Ryan How Profile
Ryan How
2021-05-11 11:56
Thank you for the question.
I read through Chief Blake's comments last week from the Tsuut'ina Nation. He made a comment about enforcement being only a very small part of our job. I very much agree with that. There is a lot of restorative justice going on behind the scenes. It's as simple as Mr. Vidal was saying.
A few years ago, we had a Mountie from Quebec. He was posted to a northern first nation in Saskatchewan. He had never been on a first nation before. He went to a powwow. As soon as he heard the drum, he started dancing in his own way. You may have seen it; it was national news. We had the dancing Mountie. The fact that he let himself go and stepped outside of his professional persona won the community over. It was just a simple three- or four-minute escape for him, I suppose. It's things like this that you don't see and that are outside of the enforcement.
In my time in Loon Lake, we were dealing with an extremely violent gang that was terrorizing the whole side of the province using the colour red as a method to intimidate and scare the community. I was so frustrated, because kids couldn't even walk to school. They were terrified that these gangs were always out and they always had firearms.
One of my young members made a comment about the colour red. He said that we wore red first, hearkening back to our red tunics. We met with the community leaders and were informed that red is a very important traditional colour in first nations as well. We said, “Let's take this back.” Again, this is totally outside of enforcement. It's thinking outside the box and relationship building.
What was thought of was to get the community mobilized all in red and walk around and tell the gangs “no more”. This was our community. We mobilized over 350 people to walk around the community that day. We were very impressed with the community because it was willing to stand with us, and we were willing to stand with them. That had far more impact than any enforcement that could have been done.
Just to reiterate, the common theme I'm hearing is that it's all about relationships and hundreds of thousands of positive contacts between the police and all communities, especially first nations, every day that don't get noticed.
I appreciate Mr. Vidal's question and his letting me get the message out there that while there are legislative barriers, it's very important to acknowledge that there's excellent work being done.
Dale Cox
View Dale Cox Profile
Dale Cox
2021-05-11 12:18
Tanisi.
Good afternoon.
Good morning to everybody.
I'm speaking to you from Treaty 8 territory in northwestern Alberta. I'd like to give you a bit of my own history and the history of our police service.
I'm about to enter my 43rd year of policing, so I've been around for a while and have seen a lot of this go on.
Our police service is moving into its 13th year of operation. I spent my first 30 years with the RCMP. I left to become the first chief of police for the Lakeshore Regional Police Service and to build the police service from the ground up.
I'm very proud of the men and women who work here. I'm also very proud of the communities that have stood behind and supported first nation policing.
The issues I want to speak about today are around enforcement, but enforcement within the realm of self-administered first nation policing. We are on the cusp of moving forward in this area, which for years has been neglected. The potential for what can happen there has not been fully recognized.
With Alberta moving forward with Bill 38 last year and recognizing self-administered first nation policing in the province, we were put on equal footing with all policing in Alberta, including all municipal policing and the RCMP. That gave us 48% of the recognition we required. We need the other 52% of recognition as an essential service and a true policing service, and that needs to come from the federal government, our 52% partners in self-administered first nation policing. We hear that is moving forward, but unfortunately I've been hearing those things for quite a while.
Part of what I'll share with you today are stories that show the distrust and the lack of belief within the first nations for this truly moving forward.
I'll share with you a story from six years ago. The public safety minister called together everybody in first nation policing from across Canada. Our meeting was held in Alberta. There were representatives from Saskatchewan, Alberta and British Columbia there. The minister got up and spoke for 45 to 50 minutes. Within that speech, he said at least five times, “I am here to listen to you and hear what it is you need.” He finished speaking and walked out of the room. I was sitting beside an elder, who looked at me and said, “I wonder if he could hear us from out there.”
Those are the types of things that have caused that distrust. Unfortunately, that distrust moves to the policing realm as well. I can tell you it has taken us 12 years to build that trust, and we are in part the victims of our own success.
Our calls for service—and our belief that when people call, somebody will come—have moved forward, and we are sitting with more files than we have officers to police them. Our issue right now is resourcing. I don't sleep at night because with the resources at our police service, I usually have one police officer working.
For everybody to understand, our area consists of five separate first nations. The total area is over 160 kilometres from one end to the other. With only one police officer working, I'm asking police officers to decide which priority one call they will go to first. Do they go to the mental health call where somebody is in possession of weapons or do they go to the domestic dispute where somebody is being hurt? What do they do when there is only one person to go? They can't be split in half. Those are the issues we have out there.
The other story I'll share with you is about an issue that bothers me to this day. Since we do not have enough resources to police around the clock, there are four to five hours each day when nobody is actually working, even though they are on call. At 3:30 a.m. on a blizzardy February morning, we got a call for an assault and stabbing on one of our nations. Our member was called out. He defrosted his vehicle, got on the road and drove through the blizzard. By the time that had all happened, the ambulance had been called.
The ambulance works 24 hours a day. It arrived at the scene. The victim was inside, bleeding profusely, and the family was outside, begging the ambulance attendants to come in and treat their son. However, ambulance services have a policy that attendants can't go into dangerous situations without the police being there. That resulted in a homicide.
Those are not things I'm able to justify to my community, my elders, or to those families.
Those are the areas where first nation policing has moved so far past what it originally came out as—that is, core policing and response policing. We have the trained members, the ability and the community confidence to be able to supply all the services that are required out there.
View Arnold Viersen Profile
CPC (AB)
Yes, that's precisely what I was going at—whether it is a possibility for them to have their own court or tribunal. That would be self-administered, I suppose. It would be their own essential justice system. Is that what you're saying?
Dale Cox
View Dale Cox Profile
Dale Cox
2021-05-11 12:40
Within first nations, they have a right to self-govern, and self-governance should include a justice system. First nations aren't saying that they want to leave Canada, that they want to leave all of this. What they're saying is, “We recognize we have problems within our nations. We also know how to fix them. Let us fix them. We will stay within your framework somewhat, but some of that framework has been going on for over 100 years and hasn't worked. Maybe take a look at something different.” That would be restorative justice practices and using culturally traditional types of things to address it. What it has to come out to is that all parties agree that this is not right, that this is what's wrong, and that this is what needs to be fixed.
Now, how do we move forward and go from there? I met with my board of chiefs two weeks ago, and they now want to start serious conversations with the federal government for the next move in our justice system.
The first was our police service. We're concrete. We're established. Now they want to move to the next steps of the justice system, have their own courts, have their own prosecutions and have their own ability to set laws that can work within their nations.
View Jamie Schmale Profile
CPC (ON)
Okay. If I could, let's talk about the relationship you have with the first nations.
Do you have a local police board with representation from the communities?
Dale Cox
View Dale Cox Profile
Dale Cox
2021-05-11 13:04
Yes. Our police service has primary jurisdiction on five separate first nations within our area. Each of those nations has assigned a police commission member. They have a person on that commission who is not an elected official, who sits on the police commission and has oversight and governance of our police service to follow the agreement, meet the Alberta Police Act and the Alberta policing standards, and hold the chief of police to account to make sure those things are being done.
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