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Results: 61 - 75 of 349
View Jamie Schmale Profile
CPC (ON)
Is your department, or any in the surrounding area, using any restorative justice initiatives in your practice?
Dale Cox
View Dale Cox Profile
Dale Cox
2021-05-11 13:04
Oh, my goodness, this has been a bone of contention.
Funding for the restorative justice program was put under the jurisdiction of the board of chiefs. Unfortunately, the board of chiefs has enough other things to do so and isn't able to oversee it. In the 12 years that we've been here, we've been through nine different restorative justice directors. All of it has failed, and it comes from a lack of understanding of what the restorative justice process is about and having skilled and qualified people to fill those roles.
From the policing side, we've led that charge to try to get it up there because it is a valuable asset and is going to help us resolve matters much more quickly and keep indigenous people out of the corrections system, but we need the justice side to be on it. It's part of the justice system. It's not part of the police system. I would like to see the justice system step up in the province, or even federally, and give proper training and proper direction to these people and then screen them to do the job that we need to do.
Our police officers and our communities are screaming for this service, and we can't get it.
View Jamie Schmale Profile
CPC (ON)
I like what you said about the root causes and fixing it and helping those communities.
You just mentioned one about the justice system. How else would you fix this?
You said there are some problems. How would you fix that?
Dale Cox
View Dale Cox Profile
Dale Cox
2021-05-11 13:06
I would like to see, at the very least, provincial policy and standards for what the restorative justice system will do and can do, and an accounting and auditing for it to show that it is meeting those standards, as well as proper training, assessment and evaluation on a regular basis of the people who are there, and possibly even building to credentials for people to fill a restorative justice position.
View Rachel Blaney Profile
NDP (BC)
That's really helpful.
Finally, do you have any experience in the nations you serve of enforcing any traditional laws? You talked about banishment. With those traditional laws, has enforcement been successful?
Dale Cox
View Dale Cox Profile
Dale Cox
2021-05-11 13:19
Yes. I was raised among first nations people and I know how important family is to first nations. To ban somebody, to remove them from their family and from access to their family living on the nation, is a very severe step to take. It is taken very seriously among first nations people, and it's the last step that we will take.
That's why programs like community mobilization, the hub program and restorative justice are areas we need to address and move forward towards, to hopefully get to where we don't have to banish and we find another way of fixing the problem.
Larry Johnson
View Larry Johnson Profile
Larry Johnson
2021-05-10 15:39
Thank you.
My name is Larry Johnson, and I am the president of Nuu-chah-nulth Seafood Limited Partnership. Our shareholders are the Ditidaht First Nation, the Huu-ay-aht First Nations, the Kyuquot and Checleseht First Nations, the Uchucklesaht Tribe government, and the Ucluelet First Nation.
NSLP is a commercial fishing enterprise that offers fisheries management support to the shareholding nations, their fishers and entrepreneurs in various aspects of fisheries development. I want to focus today on saying that there are nations that support sustainable salmon farming. They believe that marine salmon farming and wild salmon can coexist and be mutually beneficial.
The state of the Pacific salmon is, in fact, in deep trouble for many reasons.
My story here today about fish farms goes back to 1995. I started off as a councillor for my nation. Fish farms were a bad word back in those days when I got involved in the mid-nineties. As a matter of fact, I led our hereditary chiefs on a declaration to the kick fish farms out of our traditional territory.
We had concerns like everyone else. I didn’t actually have my own mind made up. I kind of toed the line, much like a lot of people in this province. We took it upon ourselves to ask about what the concerns were. Our chiefs talked about a lot of things that others are talking about, like what happens to the bottom of these farms after the farms are gone. What happens if they escape? What happens about sea lice? What about chemicals that are used? What about safety plans? There were all kinds of questions.
As a councillor, I embarked on communications. We got answers, and I relayed the answers to our chiefs. In our nation, we have eight chiefs. I still recall that even though we answered the questions, they were still skeptical. One of the chiefs spoke up and asked about 50 years from now. What if we actually find out that we were wrong and we missed the boat? What's next?
I think it's really hard for fish farms to work in B.C. because there's fear in B.C. There are not enough treaties and there is not enough certainty for industry and first nations in B.C.
I participated on the indigenous and multi-stakeholder advisory body and technical working groups through the aboriginal coordinating committee that is hosted by FNFC so that I could participate and make sure that treaty nation voices were heard. We did our homework. We separated business from politics in our treaty nations by creating business arms that focus on straight business. It has to follow the strategic plan of the nation, of course, in building sustainable business and in our access to the ocean resources. We wanted it to be diversified with aquaculture.
I think aquaculture is a great opportunity for our nations economically. It provides jobs, revenue and profits to the nation, so that the nation can do what it likes and create services for its people. It helps the region. It boosts our local economy while contributing to the greater economy. It also supports a blue economy through aquaculture development.
How do we do this? We do it through partnerships. My company has done a lot of good work in partnerships. As a matter fact, we won the Business Partnership of the Year award through aboriginal achievement.
I want to talk a little bit about partnerships from my nation's perspective, because forestry is good example of building relationships. It takes a long time to build relationships. It takes a long time to build trust, but once you get those foundational things, then economic reconciliation is achievable. I think it's not something that you do and just let go. You have to keep a relationship going. It's a pathway forward. It does leave a path for others to follow.
That's the goal of our company. We have two nations working in shellfish aquaculture, kelp aquaculture and finfish aquaculture. Four of our five shareholder nations are modern-day treaty nations and have self-governing rights and law-making authorities. They'll decide what kind of economic opportunities they have within their traditional territories.
They're focused on building their nation and building an economy so they can draw their people back to their homelands. They want to enhance salmon. I think we can do a better job on production and survival rates so that we can carry on with enhanced salmon. We participate in commercial fisheries, aquaculture, including shellfish, kelp and salmon farming.
I think the one big thing that's totally missing from everyone's plan is predator management, and I think we really need to deal with that.
Again, I just want to re-emphasize that there are nations that support sustainable salmon farming because they believe that marine salmon farming and wild salmon can coexist and be mutually beneficial. I am pretty sure that this has been happening for several decades already.
I have a bit of an ask here that—
Margaret McIntosh
View Margaret McIntosh Profile
Margaret McIntosh
2021-05-06 11:08
Good morning, Mr. Chair.
My name is Margaret McIntosh. I'm from the Aboriginal Law Centre in the Department of Justice. I'm joined today by several colleagues from departmental legal services units with expertise in various aspects of the laws, policies and programs that this committee will be examining in relation to the challenges with enforcement of first nation laws and bylaws.
I'm pleased to be sharing opening remarks with officials from Indigenous Services Canada, Public Safety and Emergency Preparedness and the Public Prosecution Service of Canada.
Gaps in enforcement have been highlighted during the COVID-19 pandemic, when first nations looked for measures to protect their communities. While many first nations took direct action to ensure the safety of their communities during the pandemic, uncertainty with respect to enforcement has had adverse impacts on the safety and well-being of indigenous peoples.
Gaps associated with enforcement are not limited, however, to the COVID-19 context. Enforcement issues vary significantly across first nations and reflect a complex landscape of different governance models, access to health and social services, traditions and cultures, relationships with federal and provincial governments, and financial resources.
For instance, some communities experience challenges in enforcing Indian Act bylaws related to drugs and alcohol, leading to serious social problems on reserve. Other communities face difficulties with the enforcement of eviction laws pursuant to the First Nation Lands Management Act, forcing them to seek costly private prosecutions.
Additionally, many first nations seek the development of approaches that restore their traditional laws and legal traditions. These may require new approaches to enforcement that are different from those currently available under the criminal justice system.
The federal government has an important role to play in this area. However, making significant progress requires extensive co-operation between first nations, provinces and the federal government, given the complexity of the issues and the number of players involved.
Long-term solutions must be grounded in indigenous self-governance and leave room for flexibility to reflect the diverse realities, experiences and circumstances of individual communities.
Likewise, provinces are necessary partners given the shared jurisdiction over administration of justice and the need to facilitate coordination across justice processes in Canada.
At the federal level, the Minister of Justice has responsibility—shared with the Minister of Public Safety and Emergency Preparedness in the areas of policing and corrections—for the federal policy on administration of justice, including with respect to indigenous peoples.
Recognizing that Justice Canada can play a helpful coordinating role in this area, we've been seeking opportunities to work with indigenous nations, federal departments and interested provinces, including Ontario and B.C.
On January 15, the Minister of Justice received a supplementary mandate letter in which he was tasked with the development of an indigenous justice strategy in consultation and co-operation with a number of federal ministers, provinces, territories and indigenous partners.
While we're still in the early days in the work on developing this strategy, which will require extensive engagement with indigenous peoples, we believe it could also provide an opportunity for discussions on the enforcement of first nation bylaws and laws with first nation leaders and partners.
At the community level, Justice Canada is also exploring how we can better support indigenous communities. The negotiation of administration of justice agreements provides a potential forward-looking response to this demand.
These tailor-made or stand-alone administration of justice agreements could provide practical, on-the-ground solutions and incubation of innovative approaches that could be part of longer-term solutions to address enforcement and prosecution gaps.
In closing, Justice Canada is committed to working with first nations, provinces and federal departments, since a coordinated and focused approach will be necessary to resolve the gap in enforcement and prosecution of first nation bylaws and laws.
Thank you. My colleagues and I would be pleased to respond to members' questions.
Julie Mugford
View Julie Mugford Profile
Julie Mugford
2021-05-06 11:13
Hello. Thank you very much for inviting me to speak today.
My name is Julie Mugford. I'm a senior director in the crime prevention, corrections, criminal justice and aboriginal policing policy directorate within Public Safety. My responsibility lies in the area of policy relating to the first nations policing program. Today I'm pleased to be accompanied by my colleagues, Douglas May from the emergency management and programs branch of Public Safety, and Jacques Talbot from legal services.
I recognize how important the effect of enforcement and prosecution of laws on first nations reserves is for advancing self-determination. I also understand that closing the enforcement prosecution gaps is required for a true nation-to-nation relationship. However, the current patchwork of overlapping interests and responsibilities in relation to first nation laws and bylaws between federal government departments, provinces, territories and first nation communities themselves has led to challenges in their enforcement and prosecution.
Making progress on this matter requires effort by many partners, including representatives in the federal, provincial, territorial and first nation governments. Policing in first nation communities is a shared interest beyond just the federal government. Provinces and territories are key partners in this area and have jurisdiction over the administration of justice.
Although Public Safety Canada does not have a direct mandate regarding the enforcement of laws or their prosecution, it does have a role to play regarding how they may be enforced by police services, when relevant. This is as a result of its first nations policing program, which invests in indigenous policing, as well as with contract policing, which allows provinces and municipalities to retain the services of the RCMP as a provincial or local police force.
As mentioned, the administration of justice, including policing, is an area of provincial jurisdiction. However, Public Safety Canada works with provinces, territories and municipalities through contract RCMP policing services to ensure the effective administration and management of police services agreements.
Public Safety is responsible for the first nations policing program. This program is cost shared with provinces and territories, most of which also hold agreements with Canada for the delivery of provincial and territorial police services by the RCMP, with the exception of Ontario and Quebec.
The Government of Canada recognizes the need to strengthen and expand culturally responsive policing in indigenous communities. This is evidenced by Minister Blair's mandate commitment and the recent funding commitment announced in budget 2021, which announced $861 million over five years beginning in 2021-22, and $145 million ongoing to support culturally responsive policing and community safety services in indigenous communities. It also includes $43.7 million over five years to co-develop a legislative framework for first nations policing that recognizes first nation policing as an essential service, and $540.3 million over five years and $126.8 million ongoing to support indigenous communities currently served under the first nations policing program and to expand the program to new indigenous communities. There are $108.6 million over five years to repair, renovate and replace policing facilities in first nation and Inuit communities. The budget commitment also includes $64.6 million over five years and $18.1 million ongoing to enhance indigenous-led crime prevention strategies and community safety services, and $103.8 million over five years for Indigenous Services Canada to support a new “pathways to safe indigenous communities” initiative to support indigenous communities in developing more holistic, community-based safety and wellness models.
To advance this important work, collaboration and engagement with first nation communities and organizations, provinces and territories, police organizations and others is crucial. We know we have a lot of work ahead of us. It's very important and we are looking forward to advancing this very important mandate commitment.
Again, I thank you for inviting me to speak today. I'm available for subsequent questions.
Stephen Traynor
View Stephen Traynor Profile
Stephen Traynor
2021-05-06 11:23
Thank you, Mr. Chair. I'm Stephen Traynor with Indigenous Services Canada, and I will give our opening remarks.
Thank you, everyone, for inviting Indigenous Services Canada to appear before you today.
As noted, my name is Stephen Traynor, and I am the director general for lands and environmental management. With me today are supposed to be Christopher Duschenes, Jacques Boutin and colleagues from our legal services unit, and hopefully they'll join us soon.
The department recognizes that enforcement and prosecution of first nation laws and bylaws is an area of growing concern for communities. We acknowledge that this concern has been amplified across the country in the context of the COVID-19 pandemic.
We want to echo our colleagues' point that this issue is a shared responsibility, where each of us plays a role along the enforcement continuum. ISC works collaboratively to build capacity for first nations to develop their own laws and bylaws; for instance, under the Indian Act and the framework agreement on first nations land management.
With respect to Indian Act bylaws, while recognizing that much remains unaddressed, we understand that, in the context of the COVID-19 pandemic, the RCMP and the Public Prosecution Service of Canada have committed to work with communities to enter into agreements to support the enforcement and prosecution of Indian Act bylaws.
ISC ministerial oversight and disallowance powers under section 82 of the Indian Act were removed in December 2014 to allow first nations to exercise more autonomy over their governance. However, in the spirit of co-operation, ISC continues to review draft bylaws from first nation communities for comment only, and only when specifically requested by a first nation. However, the decision to enact and the final content of the bylaw remain the responsibility of the band.
In terms of funding for policing, enforcement and prosecution, the department has supported other government departments and agencies in their work to pursue policing agreements and to continue supporting the administration of justice.
ISC's role has generally been to support first nations bylaw development through training, draft review and field support.
I would like to turn to first nations land management. ISC, through partnership with the lands advisory board and resource centre, provides significant support to participating first nations to develop their own land codes to reassert jurisdiction over their reserve lands and environment.
The framework agreement and the First Nations Land Management Act provide robust enforcement and prosecution powers to communities. That said, as first nations reassert their jurisdiction and develop their own laws to govern their lands and environment, participating communities also play a key role in determining how they want to enforce these laws and prosecute offences.
In recent years, we have seen first nations communities taking a leadership role on these issues, and I hope the committee will hear from them in the coming weeks. A leadership example that I would like to highlight today includes, in British Columbia, the K'ómoks First Nation, which set a precedent in 2018 by successfully undertaking a private prosecution of a trespass offence under their land code.
In Saskatchewan, the Muskoday and Whitecap Dakota first nations have entered into an MOU with the Government of Saskatchewan to work together to explore approaches to address the enforcement and prosecution of first nations laws and bylaws.
In addition, a national online conversation on the enforcement of indigenous laws has been led by the First Nations Land Management Resource Centre, supported by ISC, in collaboration with the Department of Justice, the RCMP and Public Safety. The conversation is a series of enforcement webinars promoting dialogue among indigenous governments, provinces and the Government of Canada on how to address the challenges of creating effective and affordable enforcement systems for indigenous laws.
Enforcement and prosecution of first nation laws and bylaws is a complex and multifaceted issue, and our collective effort will be required to move the agenda forward. ISC will continue to work with federal, provincial and first nations partners to better understand the challenges and opportunities related to supporting effective enforcement. We look forward to the contribution of this committee in advancing this work.
Thank you.
Meegwetch.
View Jamie Schmale Profile
CPC (ON)
Thank you, Mr. Chair.
Good morning, everyone. There is such expertise on this panel today, so I'm excited to get started here.
I want to talk about an issue that is related to indigenous policing, given that our study is exploring a whole bunch of options. Something that is personally of interest to me is restorative justice.
My first question is for Ms. Mugford, but I'll also open it up to the floor because there might be other areas and departments who may want to speak to it.
I have a whole series of questions, so we'll maybe try to keep the answers tight here.
Ms. Mugford, can you or someone on the panel provide a brief understanding of what restorative justice is with respect to indigenous peoples and what role indigenous peoples have in that process?
Julie Mugford
View Julie Mugford Profile
Julie Mugford
2021-05-06 11:30
Unfortunately, restorative justice falls out of my area of expertise. I would look to my colleagues who are also on the call today. Failing that, we will also supply some written response to your question.
Margaret McIntosh
View Margaret McIntosh Profile
Margaret McIntosh
2021-05-06 11:30
I will speak to the idea of restorative justice with respect to the work that the Department of Justice is doing with administration of justice agreements with first nations.
I spoke about it in my opening statements, but this is where we are exploring options with indigenous communities for their own priorities in the area of justice. Very often it's in the form of restorative justice, which is a more traditional form of justice and where they are seeking an off-ramp from the criminal justice system or they wish to enforce their own laws.
I don't know if that's of assistance, but we're certainly doing a lot of work in that area.
Jeff Richstone
View Jeff Richstone Profile
Jeff Richstone
2021-05-06 11:31
I would say that the public prosecution service is well involved in restorative justice initiatives, in territories both north and south of 60.
We have an internal committee looking at the interaction of indigenous people with the justice system, and our policies are under revision right now, but we do have active initiatives and projects north of 60.
View Jamie Schmale Profile
CPC (ON)
Perfect.
In the models we're seeing is there a role for not only police officers but maybe also elders within the community to help in this process? Are you seeing that in the models that are available and working?
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