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A Search for Justice in First Nations Communities

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A Search for Justice in First Nations Communities A Search for Justice in First Nations Communities: the Role of the RCMP and Cornrnuniq PoMng by Dean Campbell, B.A., B.A. (Hons) A thesis submitted to the Faculty ofGraduate Studies and Research in partial fulfillment of the requirements for the degree of Masters of Arts Carleton University ûîtawa, Ontario 24 Sanuary, 2000 O copyright 2000, Dean Campbell Acquisitions and Acquisitions et Bibliogiaphii Sewicas sewicer bibliographiques The author has granted a non- L'auteur a accordé une licence non exclusive licence allowing the exclusive permettant a la National Library of Canada to Bibliothèque nationale du Canada de reproduce, ioan, distri'bute or sel1 reproduire, prêter, distriibuer ou copies of this thesis in microform, vendre des copies de cette thèse sous paper or eiectroonic fonnats. la forme de microfiche/t;im. de reproduction sur papier ou sur format électronique. The author retains ownership of the L'auteur conserve la propriete du copyright in this thesis. Neither the droit d'auteur qui protège cette thèse. thesis nor substmtial extracts fiom it Ni la thèse ni des extraits substantiels may be printed or otherwise de celle-ci ne doivent être imprimés reproduced without the author's ou autrement reproduits sans son permission. autorisation. iii In this thesis, 1 examine the role that the Royal Canadian Mounted Police (RCMP) has played and is playing in the Iives of Native peoples in Cana& furthemore, I argue that there is the need to refocus policing efforts. From its beginnings in 1873, the RCMP has slowly evolved as one of the most important institutions in the imposition of political destructive processes upon Native peoples. As the RCMP cam*edout its role, the wounds it inflicted upon Native peoples ran deep. Today, Native peoples have focussed themselves upon self-detemination as the key to revitalking their communities. In effect, there has ken a cal1 for policing in First Nations communities to respond more to the needs and aspirations of Native peoples. Within this context, Iargue that the RCMP can best accommodate these efforts by becoming a valued partner through cornmunity pol king initiatives. For my Grundfatlier Ehuard S. England Dominoni lnterpretations and Qual@cation Standards ............. 80 Jurisdictional Authoriry ...................................... 82 Funding .................................................. 83 SeFgovernment ........................................... -84 Equui Trectment vs. Se&ktermination ......................... 85 Conclusion ................................................ 86 Chapter III Walking Two Separate Paths ................................. -88 t Traditional EuroCanadian and Aboriginal Models of Policing ...... -90 Tra&tionaI EuroSonadian Policing ............................ 90 The Eflect of the London Metmpoliiun Mode1 on Cunudiion Policing . 92 The Eflîct of the Royd Irish Consrabulary Mdel on Cunudian Policing .................................... -93 Truditionul Aborigind Methods of Social Control Policing .......... 94 Polictng by the Meuns o/Conceptual/Symbolic Systems ............. 95 Policing by tkMeun .Y of Socid Orguni=<rtion.................... 96 Kinship and Marriuge ................................... 97 Puisulirics and I.radenhip ................................. 100 .. Conchsiun ............................................... 103 il . Working Towards a Cultural Differential Mode1 of Policing ........ 104 The Conjlct of Socid Vulues ................................. 105 Soctul und Economic Fuctors ................................ 107 Social Strutijicution ........................................ 111 lrnpocr of State Luw ....................*................... 115 Popukur Justice ........................................... 116 Pupukur Justice lnitiut N~sin A borigind Communit Ïe-s ............. 119 C'onckusion ............................................... 121 Chapter IV A Step Towards Peace and Hamony .......................... 122 1. Community Policing ....................................... 124 The Evolution of the Professional Policing Model ................ 125 Community Policrng ....................................... 126 Coproductim ............................................. 127 Police-Centered Coprduc~ion........................... 131 Recenrraiited Coproducrion ............................. 133 Defining Coninrunity Policing ............................ 134 ** il. Community Policing and First Nations Communities .............. 135 Implementing Community Policing in First Nations Conunmitles .... 135 The Twelve Main lngredientsto Comntuniy PoIicing ........... 136 Accommodating LaPruirie 's Four Envitonmentai Conditions ....... 140 Conchion ............................................... 146 Conclusion ......................................................... 147 Bibliography ......................................................... 150 Appendix Inuit Peoples and the Royal Canadian Mounted Police ............. 157 vii Glossary of Tens .. .. .. .. - - . .. .. - . - . 159 viii Introduction 1 still rernember the day I sat down with my grandfather and discussed how he and my grandmother had met, and how long it was before they had mamed My grandfather told me that my grandmother and he were mamed nine months afier meeting each other at a local dance. 1 was astonished and asked him how he knew that my grandmother was the right person for him. My pndfather sat in silence for a period of time and then said, "you just know." He later explained that when a penon meets their tnie love (sou1 mate) in life, they just know. When that true love comes along, it does not matter how long you know the penon or at what age you meet them, you just know that they are the right person for you. When Ireflect upon what my pndfather said, I also look upon the relationship between the Native and European cultures. Upon fmt contact with the European colonial powers, Native peoples came fonvard and offered a relationship of peace and harmony through r varïety of different agreements. For example, al1 agreements and treaties between the Haudenosaunee Confederacy (Le., Confederated Iroquois Nations) and the Empean colonial powen were govemed by the Gus-Wen-Tah (Le., Two Row Warnpum) (Williams, 1990:326-7). The principles of the Gus-Wen-Tah linked both peoples together in an unconditional relationship of trust and peace (Williams, 1990:327). Each was symbolized by the Gus-Wen-Tah,or Two Row Warnpum. There is a bed OC white wampum which symbolizes the purity of the agreement. Thm are two mws of purple, and hose two mws bave the spirit of your ancestors and mine. 'Ibere are three kads of wampin, scparPtiag the two rows and they symbolize two p&s or two vds, travelling dom the same river together. One, a birch bark cana, will be for the Indian people, th& laws, their customs and theu ways. The O*, a ship, wiIl k for the whitc people and theu laws, their customs and their ways. We shall each travel the rivet together, side by side, but in ow own boat. Neiths of us will try to star the otha's vesse1 (Williams, 1990:327). But the European culture did not see Native peoples as an equal partner and eventually tried to steer them in a different direction. As a result, the Native culture resisted, During their bitter separation fiom one another, Howard Adams (as well as many others) daims that the Native culture was exiled to reservations (which served as prisons) where they were forced to chuose between assimilation into Euro-Canadian society or. if they continued to resist, eventual extinction under apartheid type conditions (Adams, During the past centwy and a half of marriage and separation between the Native and European cultures of Canada, the Royal Canadian Mounted Police (RCMP) became a major source of contact and rnediation between the two. In concert with the Federal Govemment's fiduciary rolc over Native peoples, the RCMP also became the powerful amof governent assimilationist initiatives (eg, Indian Act) and an influential symbol of the European culture (Canada, 1996a:83). Unfortunately, this symbol of the European culture came to be characterized by First Nations communities as a ravaging wolf which tears everything apart in its path when provoked. Today, it is understandable why First Nations people confiont the criminal justice system and policing with cynicism (Mercredi and Turpel, 19%: 160). Contrary to Native peoples' beliefs, many Euro-Canadians continue to ignore the reality of policing and justice in First Nations communities. When Native peoples do not heed "White ideal" interests, Euro-Canadians still have the tendency to blarne them for what the past has provided t hem. Over the past few decades, the government and the policing services of Canada have made many efforts to better relations with First Nations communities. Many police/community relations programs such as Band Constables, Tribal Policing, and First Nations Policing prognrns have been initiated to give First Nations communities a sense of independence and self&termination. As a result, the govemment and policing institutions have reported r tremendous amount of success in their efforts, but rnany First Nations communities still continue to argue for a parallel justice system (Harding, 1994:347-8). In their stnigglc for Aboriginal justice and selfdetermination, Native peoples view policing as one of the core areas which analleviate a significant amount of social repression and injustice. Within the foundations of "political, cultural, and community revitalization" efforts by First Nations
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