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First Nations Policing: a Review of the Literature

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First Nations Policing: a Review of the Literature First Nations Policing: A Review of the Literature Prepared by: Nicholas A. Jones Ph.D. Rick Ruddell Ph.D. CCJS Rob Nestor M.A. Collaborative Centre for Kaitlan Quinn M.A. (Candidate) Breeann Phillips Justice and Safety First Nations Policing: A Review of the Literature Nicholas A. Jones Ph.D. Rick Ruddell Ph.D. Rob Nestor M.A. Kaitlan Quinn M.A. (Candidate) Breeann Phillips Department of Justice Studies University of Regina 3737 Wascana Parkway Regina, Saskatchewan S4S 0A2 Collaborative Centre for Justice and Safety August 2014 First Nations Policing: A Review of the Literature Acknowledgments This study was funded by the “F” Division, Royal Canadian Mounted Police and the authors gratefully acknowledge their support for policing research. We also thank the Collaborative Centre for Justice and Safety for their support of our research. Jones, N.A., Ruddell, R., Nestor, R., Quinn, K., & Phillips, B. (2014). First Nations Policing: A Review of the Literature. Regina, SK: Collaborative Centre for Justice and Safety. © 2014 Nicholas Jones, Ph.D., Rick Ruddell, Ph.D., & Rob Nestor, M.A. ii First Nations Policing: A Review of the Literature Contents List of Tables and Figures vi List of Acronyms vii I. Executive Summary 1 II. Introduction 5 Setting the Context: First Nations Peoples in Canada and Saskatchewan 8 Aboriginal Peoples in Saskatchewan 11 Crime in Saskatchewan 12 Community Well-Being and Quality of Life 16 Summary 19 III. First Nations, Treaties and the Royal Canadian Mounted Police in 20 Saskatchewan: A Historical Overview Traditional Forms of Dispute Resolution/Social Control: Did a Form of 21 “Policing” Exist? The Treaties: What was Promised Regarding Policing? 25 The Implementation of Treaties and the Role of the Police 29 Summary 35 IV. The Evolution of First Nations Policing:1960s to the Present 36 Dissatisfaction with First Nations Policing Arrangements 39 The Introduction of the FNPP 41 Self-Administered Police Services and Community Tripartite Agreements 43 Self-Determination 46 Summary 48 V. First Nations Policing in Canada: Issues and Challenges 49 Resourcing / Funding 49 Contract Policing 52 Administrative Capacity 53 Administration/Management 53 Politics/Self-Government 54 iii First Nations Policing: A Review of the Literature Community Consultative Groups and Police Management Boards: 55 Effectiveness/Accountability Life Course of Aboriginal Police Services 56 Policing Arrangements 58 Community Policing 58 Civilian (Non-Sworn) Policing 62 Regionalization 65 Aboriginal Policing as a Distinct Policing Model 66 Cultural Appropriateness/Distinctiveness 66 Geography 69 Recruitment and Retention 71 Training 78 Responding to Crime and Victimization 79 Community Capacity and Victimization 79 High Crime Rates and Expectations of Policing 80 Policing Aboriginal Protests 83 Interconnectedness of First Nations and Urban Policing 85 Summary 88 VI. International Aboriginal Policing Models 90 Demographic Characteristics 90 Rural Policing 92 Aboriginal Policing Models 93 Jurisdiction 93 Legislative and Policy Frameworks 96 Cross-Deputization and Community Aides 101 Local Justice Initiatives 105 Evaluative Measures 107 Review of Emerging Themes 108 Community Policing 108 Improving Relationships 109 Local Justice Initiatives 110 iv First Nations Policing: A Review of the Literature Partnerships to Enhance Community Safety 111 Needs-Based Approach to Policing 111 Summary 112 VII. Conclusions 113 VIII. References 115 IX. Appendices 132 Appendix A: Aboriginal Policing in Canada: A Chronology 132 Appendix B: First Nations Policing Program: Number of Tripartite Policing 134 Agreements and Expenditures, 1992 to 2012 Appendix C 135 X. Author Biographies 137 v First Nations Policing: A Review of the Literature List of Tables and Figures List of Tables: Table 1: Number and distribution of the population reporting an Aboriginal identity 10 and percentage of Aboriginal people in the population: Canada, provinces, and territories, 2011 Table 2: Number and percentage of the population reporting a North American 12 Aboriginal identity: 10 largest Saskatchewan cities, 2011 Table 3: Crime Severity Index (CSI): Canada, Saskatchewan and the largest cities, 13 2011 Table 4: Community Well-Being Index for selected Saskatchewan Communities, 17 2006 Table 5: Phases in First Nations Policing in the Modern Era 37 Table 6: Officer Recruitment: Aboriginal and Non-Aboriginal Officers 74 Table 7: Officer Retention: Aboriginal and Non-Aboriginal Officers 77 Table 8: Number and Percentage of the population reporting a North American 86 Aboriginal Identity: 10 Selected Canadian cities, 2011 (CMA population) Table 9: U.S. Policing Arrangements in Indian Country 97 Table 10: Indigenous Community Arrangements by Jurisdiction 104 List of Figures and Charts: Figure 1: Self-Reported Victimization Rates: Aboriginal and Non-Aboriginal 14 Persons, 2009 Figure 2: Well-Being in First Nations Communities: The Community Well-Being 18 (CWB) Index, 2006 Chart 1: Self-Administered (SA) and Community Tripartite Agreements (CTA) 45 Chart 2: FNPP Per Capita Cost of Policing in Canada and Ontario: 2003–2011 50 (Current Dollars) Chart 3: FNPP Per Capita Costs by Province, 2011 51 Chart 4: FNPP Officers per 1,000 Residents, 2011/12 51 Chart 5: RCMP “F” Division (SK) Calls for Service, 2012 60 Chart 6: Aboriginal Officers in Saskatchewan: 2005 to 2013 78 vi First Nations Policing: A Review of the Literature List of Acronyms ACJG Aboriginal Community Justice Groups ACLO Aboriginal Community Liaison Officer ACPO Aboriginal Community Police Officer AHRDCC Aboriginal Human Resources Development Council of Canada AFP Australian Federal Police APLO Aboriginal Police Liaison Officer BIA Bureau of Indian Affairs FBI Federal Bureau of Investigation CCG Community Consultative Group COAG Council of Australian Governments COPS Community-Oriented Policing Program CSI Crime Severity Index CTA Community Tripartite Agreements CWB Community Well-Being Index DIAND Department of Indian Affairs and Northern Development FNA First Nations Administered FNPP First Nations Policing Program HBC Hudson’s Bay Company ILO Iwi Liaison Officers ISDEA Indian Self-Determination & Education Assistance Act LACACC Local Area Command Aboriginal Consultative Committees LACS Local Area Commands NHS National Household Survey NIRA National Indigenous Reform Agreement NWMP North West Mounted Police PALO Police Aboriginal Liaison Officer PLO Police Liaison Officer PMB Police Management Board RCIADIC Royal Commission into Aboriginal Deaths in Custody RCMP Royal Canadian Mounted Police RNWMP Royal North West Mounted Police SA Self-Administered Agreements TRGP Tribal Resources Grant Program VPSO Village Public Safety Officers vii First Nations Policing: A Review of the Literature I. Executive Summary Although there are almost 70,000 police officers in Canada, fewer than 2,000 are directly engaged in Aboriginal policing (Burczycka, 2013). While representing a very small proportion of all Canadian officers and policing budgets, the manner in which First Nations communities are policed has profound long-term implications for the residents living there, especially given the high rates of crime and victimization in many of these places. The populations at risk of victimization are not isolated to the First Nations territories, and crimes often displace into other adjacent urban and rural communities. In addition, most Aboriginal Canadians live off-reserve and some of these individuals move between their home communities and urban areas.1 As a result, the after-effects of an offence may be felt in places far away from where they originated, making this an issue of importance to all Canadians. In order to better understand the challenges of Aboriginal policing, this review first presents a context that includes a review of Aboriginal population trends and the demographic characteristics of that population. The fact that the Aboriginal population is the fastest growing population group in Canada, and the youngest, has long-term implications for police services both on- and off-reserve. Consistent with other research, we found that rates of crime and victimization on many First Nations were very high. In addition to the impacts on victims, high crime rates have a corrosive effect on community relationships and especially opportunities that are lost. When responding to the after-effects of crimes that have already occurred and trying to prevent future offences consumes much of the creativity of a community, leaders lose opportunities to work toward job creation, promoting healthy lifestyles and relationships, helping youngsters succeed, or spending scarce resources on developing a community’s infrastructure rather than repairing the damages caused by crime. Having established a context for this study, a historical overview of Aboriginal policing in Canada is presented. This is an important undertaking as academics, policymakers and practitioners often forget the lessons of history. As a result, crime prevention or reduction strategies that were unsuccessful in the past are sometimes re-introduced and unless there have been changes in the way that these ‘recycled’ interventions are delivered—or the context into 1 The social phenomenon of First Nations peoples moving between the reserve and urban centers is called “churning.” 1 First Nations Policing: A Review of the Literature which they are delivered—we are often destined to repeat the mistakes of the past. An additional challenge of delivering police services in a nation as
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