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Results: 1 - 15 of 142
View Gary Vidal Profile
CPC (SK)
I'm sorry. I have so much that I want to do here quickly.
You spoke about child and family services. I think you referenced a couple of first nations that have completed that journey or are moving down that journey of taking over their responsibilities. I've asked you this question before, and maybe that is a simple answer.
Are there so far just two first nations that have indicated their desire to do that? Just where are we at in that process? Based on some of the events of the last few weeks here, I think it's so very important that we deal with some of the current issues as well, and having first nations control of some of their child and family services is important. I'm just wondering how fast that is happening.
If you could briefly respond, I want to get into one more detailed question, if I could.
View Adam van Koeverden Profile
Lib. (ON)
Thank you, Mr. Chair.
I will have two questions for the minister. I would start by asking him to answer the first one, and to leave enough time to answer the second.
First, in January 2020, An Act respecting First Nations, Inuit and Métis children, youth and families came into effect to affirm the jurisdiction of indigenous communities over child and family services. How will this act support the well-being of indigenous children and families and provide culturally relevant care to children? Could you please provide an update on the implementation of this act?
View Gary Vidal Profile
CPC (SK)
Thank you. By participating here and sharing your experience, you can help many others, so I'm going to encourage you to keep speaking.
The chair is going to cut me off very soon, so I'm going to ask a very quick question.
We've talked a lot about jurisdictional challenges as we talk about building relationships and finding solutions. You seem to have found your way through some of that with the partnerships with the territory and the federal government and your own self-governing urban first nation. Can you quickly talk about some of the key things you learned about overcoming the jurisdictional issue and building those partnerships with the many people you talked about?
View Rachel Blaney Profile
NDP (BC)
Thank you, Chair. I also had a weird Internet moment there as well, so maybe it was something happening in the system.
My first question is to Mr. Louie.
I really appreciate your testimony. You talked about this as a “crisis in enforcement”. I think that's what you said in your initial statement. One aspect that concerns you is that the colonial Indian Act seems to be what is being promoted as the only thing that works. Of course, that undermines self-determination, aboriginal rights and title and so forth.
You said also that we need answers instead of more questions and that there are some good pilot projects that are happening. I'm wondering if you could tell us anything about good steps forward that we should hear about and that we could add to our recommendations in this report.
View Marcus Powlowski Profile
Lib. (ON)
This has been a very interesting study. We've seen this unanimity among chiefs from across Canada, who agree that it's been very difficult or impossible to enforce bylaws related to public health measures and control of COVID. In response, we have seen really a patchwork of approaches, with some chiefs preferring to use bylaws under the Indian Act while others have used the First Nations Land Management Act. PPSC entered into an agreement with some first nations in order to try to enforce the bylaws. Manitoba today has talked about, I believe, a protocol to enforce bylaws under the first nations policing program, and Chief Bill has CSO programs, so we see that every community has a different response. Chief Bill said each community is different, which is true.
I think many would say it's colonialist to impose solutions and that each community has to come up with its own approach to its problems, but I have to ask our witnesses what they say about this: Is it realistic for a community of 300 or 400 people to come up with a system of law enforcement and to come up with a system of dealing with their water problems, their transportation problems, and their housing problems? On this problem of enforcement, of laws in first nations, should there be a global solution for the whole country, or should this be a solution that is particular to each community? That's the first thing.
The second is that I think it was Chief Louie who stated that the use of the Indian Act is offensive. He doesn't want to use that. However, I would suggest that under section 107 of the Indian Act, there is a process to appoint justices of the peace to enforce bylaws made under the Indian Act. Although it may be offensive, I would suggest that the process of law-making is slower than continental drift, so it's going to take a fairly lengthy period of time to change the laws on policing. Wouldn't it be better, perhaps, to use the existing laws and to reinstitute the section 107 court?
I throw that out to all of you. Whoever wants to can start.
View Jamie Schmale Profile
CPC (ON)
Thank you, Chair, and wow, what great testimony today. That is absolutely amazing, and somehow my camera has failed. I'm getting a failure notice. I don't know what happened.
Anyway, I'll continue. Sorry about that. I'm getting a failure notice on my Zoom.
I'm loving the conversation around potential solutions to some of the problems. If I'm hearing correctly, the government has been slow to respond to a lot of the problems. A lot of solutions could be found on the ground or at the community level if government—whether it be Ottawa or your provincial government—just gets out of the way and lets these communities solve things. Getting rid of drug dealers and other methods were mentioned.
I don't even know to whom I should address this question. I'll open it up. How would that work, in terms of the mechanics, if Ottawa or the provinces backed away and said, “Okay, we want to give communities the tools and the funding they need to either run their own police service or enact their own laws,” and then gave them the enforcement power to do that? How would that work with existing Canadian laws?
Again, I don't know who to open it up to, but I'm willing to listen to anyone who wants to answer.
View Jamie Schmale Profile
CPC (ON)
Clearly, the enforcement....
I know that someone else has their hand up, but I just don't want to lose that thought about the enforcement.
I'm sorry that my camera is not on.
Would it potentially work better if more first nations communities investigated and had the funding to do it and the legal authority of potentially having their own police service...? Can you build on that?
Then I'll get to the witnesses who have their hands up on the other question.
View Pam Damoff Profile
Lib. (ON)
Thank you.
As you know, Public Safety Canada and Indigenous Services are actually doing consultation. Both ministers have in their mandate letter to work in partnership with first nations communities to designate policing as an essential service.
I'm really impressed, Chief Lazore, at just how advanced you are in terms of your criminal justice system, from policing to courts—all of it—and for some time.
Chief Doss-Cody from B.C., thank you for your testimony. You're obviously in a different place, and Chief Bellerose, you're in a different place.
I guess my question to the three of you is this: Do you think the government should be providing funding to build capacity in communities?
I think, Chief Lazore, you could be providing a lot of advice to other communities, but you need the time and resources to be able to do it. Everyone is at a different place.
To your point, Chief Bellerose, you want to put yourself in a position to succeed. I'm wondering what you think about providing funding for that capacity building.
View Arnold Viersen Profile
CPC (AB)
Thank you, Mr. Chair.
I want to thank the witnesses for being here today.
I want to start with Chief Lazore. She talked in her opening remarks about section 107 and how the experience had changed over time. I was wondering if she could expand on that a little bit more.
View Arnold Viersen Profile
CPC (AB)
What you're saying is that they're able to act on most of the band laws in provincial court.
View Sylvie Bérubé Profile
BQ (QC)
Thank you, Mr. Chair.
My question is for Mr. Arcand-Paul, who is a lawyer.
Your not-for-profit association is geared towards first nations, Inuit and Métis lawyers. What are some of your major issues in terms of your work in assisting first nations with legislation and law enforcement?
View Eric Melillo Profile
CPC (ON)
View Eric Melillo Profile
2021-05-13 12:38
Thank you, Mr. Chair.
I thank all the witnesses for joining us today and for being part of this great discussion.
I'd like to come back to Mr. Arcand-Paul. If anyone else wants to jump in on this question, please do. Bear with me as I try to figure out the best way to ask it.
We've been hearing, and it's been touched on a bit today, that it's not just a lack of resources for enforcement, necessarily. There are a lot of barriers to accessing appropriate resources for many indigenous peoples throughout the process or throughout the entire justice system as a whole, if I can frame it that way.
Mr. Arcand-Paul, I'm wondering if you want to comment. Do you agree with that interpretation? Do you have any comments or any solutions to that?
Then I'd open it up to comments from anybody else.
View Marcus Powlowski Profile
Lib. (ON)
I got up on the right side of the bed, I'll have you know, this morning.
My question is to all of you. I think there's been pretty well unanimous interest and desire to have more power to develop and enforce your own laws on your own territories. We certainly heard that.
Now, the devil's always in the details. To what extent? There are obviously very many different layers of societal rules. What about the big crimes? I mean things like murder, sexual assaults, drug offences. Do you want to also be making and enforcing laws related to these and if necessary prosecuting them and if necessary even incarcerating people?
I'd like to hear an answer from all of you, if possible.
View Marcus Powlowski Profile
Lib. (ON)
Thank you.
Maybe I can ask Chief Lazore about this. She was the only one so far to have mentioned section 107 and justices of the peace appointed under section 107.
My understanding is that in 2004 the Harper government stopped the funding, and you've appointed your own justices of the peace. What do you think about beginning to fund section 107 courts to prosecute bylaw offences under the Indian Act? Are you in favour of that? I'll ask you and then I'll open it to anyone else.
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