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Michael Anderson
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Michael Anderson
2021-05-25 12:19
The first nations safety officers whom we have today originated as band constables under the former Public Safety Canada band constable program in or around 1965, so they've been providing first responder—in some cases, as the only responder—public safety services in our remote first nations particularly for all that period of time.
Between the onset of the program and the repeal of the Provincial Police Act in Manitoba on June 1, 2012, in their later years they had the powers and protections of a peace officer to do their duties. With the coming into force of the Police Services Act in Manitoba effective June 1, 2012, their peace officer authority was limited to only prescribed provincial enactments, and not even all of those enactments, so there was no clear authority for them to act as peace officers to enforce band bylaws, which became quite an issue.
Similar to the discussion on land code laws, RCMP officers would say that the first nations safety officers didn't have authority to enforce their band bylaws. Eventually the operating agreement—not the statute, but the operating agreement—was amended to recognize peace officer authority only when enforcing a paragraph 81(1)(c) bylaw, which is the observance of law and order. Of course, paragraph 81(1)(a) is the prevention of spread of infectious diseases and so on.
Grand Chief Settee firmly presented to Minister Friesen that we needed to have clear peace officer authority for our bylaw enforcement officials in order to enforce the full suite, the robust suite, of authority under subsection 81(1) and section 85.1 in particular.
The Manitoba government has, just within the last two weeks, agreed to amend the safety officer operating agreement to make it clear that they have peace officer authority when they're enforcing all band bylaws. We pointed out that it was necessary so that when the protocol is rolled out in Manitoba—which is happening today, by the way; there's a press conference after this session—it will be clear that the safety officers have full authority to enforce band bylaws for the first time since the dissolution of the band constable program in 2015.
Essentially, as I mentioned in my comments, you have to have peace officer authority to stop, search, seize and detain, and under section 103 of the Indian Act, only a peace officer can seize goods related to a violation of a subsection 81(1) or a section 85.1(1) bylaw, including an intoxicants bylaw, so if first nations safety officers seize alcohol, they have to be a peace officer. It's required by the Indian Act.
We wanted to bring all of this into alignment so that the actual duties they provide are protected.
I'd also point out that the former D Division commanding officer, Bill Robinson, described the role of our band constables at the time as first responders in the absence of the RCMP, so they were providing a policing function in the often extended absence of the RCMP, who only served some of our communities on periodic patrols that might be monthly. They're there the rest of the time, so it's essential that they have the proper authority to do their jobs and to uphold and enforce the law.
Michael Anderson
View Michael Anderson Profile
Michael Anderson
2021-05-25 12:24
I would just add, Mr. Chair, that it's due to Grand Chief Settee's insistence and his personal relationship with Manitoba's Minister of Justice, Cameron Friesen. We've been able to collaborate very closely with them with open and frank dialogue. They heard the Grand Chief clearly, I'm happy to say.
View Pam Damoff Profile
Lib. (ON)
Thanks, Chair.
I'll start by acknowledging that I'm on the traditional territory of the Mississaugas of the Credit First Nation here in my riding of Oakville North—Burlington.
Chief Louie, if I'm not mistaken, the pilot project you mentioned deals with environmental protection laws, and we haven't heard anything about that. I wonder if you could talk a little bit about that pilot.
Andrew Beynon
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Andrew Beynon
2021-05-25 12:25
Thank you, committee members, and thank you for the question.
The Saskatchewan pilot project led by the Whitecap Dakota and Muskoday First Nations is really quite interesting. As Chief Louie mentioned, tomorrow we'll be holding our national online conversation, a recorded event, for which MPs, the public, federal officials, first nation officials, provincial officials—everyone—is welcome to register. As part of that, individuals who are directly involved will be speaking to what they are achieving right now. I don't want to take away too much of their thunder, but having said that, I would offer two points.
One is that there is a lot of work somewhat similar to this issue of first nation safety officers in the pilot project. In Saskatchewan, they're referring to them as community safety officers and are trying to work out with clarity the scope of their authority to enforce the first nation laws of Muskoday and Whitecap Dakota and to work in partnership with provincial authorities.
In terms of environmental issues, I know that there has been concern expressed, particularly at Whitecap Dakota Nation, which is very close to the city of Saskatoon, with regard to environmental issues that affect the community. They have direct experience with situations of individuals carrying on businesses on the lands and causing significant contamination to reserve land.
Unfortunately, at least one of those situations was very difficult to control, and rather than it being prevented from happening, the environmental damage occurred on the lands. The Department of Indian Affairs, as it then was, provided some assistance to deal with the cleanup of the toxic damage on reserve lands. This was a failure in the enforcement of laws and a failure in being able to control and avoid environmental harm. We could ask Whitecap Dakota First Nation to follow up with you if you're interested.
View Pam Damoff Profile
Lib. (ON)
Chief Bill, it's nice to see you again.
Obviously your community safety officer program is a model for the country. As my colleague Gary Vidal mentioned, you've come to the public safety committee, and I know you're doing a terrific job.
I think all of us sat horrified as Chief Denny talked about waiting 20 minutes or half an hour for the police to arrive on the scene to help a loved one, and he was forced to go in there himself as a result.
Chief Bill, I guess your community safety officers would not be responding to the kind of gunfire situation that he described. You would still be relying on the RCMP. Where is the disconnect between his experience in his community and what you're experiencing at Kwanlin Dün?
Doris Bill
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Doris Bill
2021-05-25 12:28
I'm sorry. This is better. I was drinking coffee.
The CSOs don't have enforcement power. When we surveyed our citizens recently, they didn't want them to have enforcement power. It was interesting. I think that otherwise that trust would dissipate.
View Pam Damoff Profile
Lib. (ON)
Doris Bill
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Doris Bill
2021-05-25 12:29
We do. What happens with us, because we're right in the city of Whitehorse and we're a small community, is that the RCMP do respond very quickly to those kinds of incidents. However, the CSOs work alongside the RCMP.
For instance, if a murder or something of that nature happens, the RCMP would focus on what they have to do and the CSOs would focus on the community, such as keeping the community away, keeping the area cordoned off and keeping the area safe.
View Pam Damoff Profile
Lib. (ON)
There would be mental health supports for the families, too, probably.
Doris Bill
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Doris Bill
2021-05-25 12:29
Yes, and they ensure.... When the RCMP go, there's often a gap between the services, between the community and the RCMP. For instance, let's say a woman is sexually assaulted. The CSOs would ensure that they would get the services they need, the culturally relevant services they need.
The trust between the RCMP and the CSOs has really improved. The RCMP were very skeptical in the beginning, but now they see the value in it, and they give the highest recommendations when we talk about these services—
View Sylvie Bérubé Profile
BQ (QC)
Thank you, Mr. Chair.
My question is for Chief Louie again.
In your brief, you propose identifying the federal Attorney General as the lead minister responsible for leading the federal government's commitment to tackling the enforcement of laws. What concrete changes would this lead to?
Robert Louie
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Robert Louie
2021-05-25 12:31
Thank you very much, honourable member.
We believe the changes would be more immediate, more urgent, with the Attorney General directly involved. This is the ministry with perhaps the highest recognized designation, and I think it would command a lot more immediate attention, particularly as other attorneys general from each of the provinces are concerned and as the matter proceeds.
We believe that in itself gives a lot more credibility and more urgency to the situation. That's what we would hope to achieve by having the Attorney General directly involved at that level.
View Sylvie Bérubé Profile
BQ (QC)
Among the recommendations made in your brief, could you tell me which ones are an absolute priority?
Robert Louie
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Robert Louie
2021-05-25 12:32
We have several recommendations, and in our opinion they're all equally important.
Having the Canada indigenous justice strategy express commitment to tackling the enforcement of laws as a short-term priority is important. Having the federal Attorney General as the lead minister responsible for leading the federal government's commitment is important. Requiring the various departments and agencies to take a strong lead at the bureaucratic level and appointing ministerial representatives or senior bureaucrats with credibility on these matters is significant. Matrimonial real property laws require special consideration by Canada on the goals of protecting women and children. This is very significant.
The Indian Act legacy of environmental mismanagement and the understanding that it is woefully unregulated and underenforced and having support for enforcement of first nation environmental laws within broader strategies in environmental management concerns is absolutely critical. There is so much contamination that's taking place. This is a high area of concern and needs immediate attention—
View Rachel Blaney Profile
NDP (BC)
Thank you.
Chief Bill, you talked about having four full-time CSOs and two on call. I have just a couple of questions.
Do they patrol 24 hours a day? How do they manage the collaboration with the RCMP? You indicated that they fill a specific gap between the RCMP and the community needs. You talked about that a little, but how do they manage it? What sort of mechanisms do they have to make sure that this relationship, which sounds as though it is very collaborative, is successful?
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