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POLICING . .O~N RESERVES

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POLICING . .O~N RESERVES If you have issues viewing or accessing this file contact us at NCJRS.gov. Awfaires ano1nell1nes e~ du Nord II II ~ • POLICING II ,... .o~N RESERVES..... I I l' " ~'I I ., i ~ I [ f, f REPORT I Ii ~ 'II TASK FORCE ON POLICING ON RESERVES - (2r porZIo, '.:) I (J ~, )\.1. Janua ry 8, 1973 l., ''''::t~-,,,._,,,,__ ,,,,,,,",,",,,:±'''-.::====:;:;;;:o:~_=_;:::::;;,==;::;:;;;:::::===;::;;;:':::::;;:;;:::;;::::;;::"';;':-;;':;:':;;' ;;=;;;;:;:'~;4';"';::' .;;;":;:;;:;;:;:;::::;;:::;;::::::;:;';:';"':':·';~:;:;7~:;::·~,,,;;:~~;;~~~;,,·:-~;:.:e,;;":.:;~::;':;'~.,'.<,,;;~=::-;;;;;;;~....;: - 1 - INTRODUCTION Background The economic and social development of a community is related directly to the degree of Taw and order which prevails in that cOlT1T1unity. Effective policing is essential for the maintenance of law and order, and the police playa major part in determining the way in which laws are enforced and \ disorder circumvented; indeed, for many in the community the re.lationship with the police is their only direct experience with the system of law and order. Given the recognized need for good policing, Indian communities or reserves have a right to expect as good policing as other Canadian communities. For a variety of reasons, some of which stem from the isolated and remote nature of some reserves, policing has been less than adequate, and one of several consequences has been the disproportionately high incidence of petty crime among the inhabitants. 1 These consequences are dealt with in a surv~y entitled "Indians and the Law", which was published in 1967 by the Canadian Corrections Association. The survey was undertaken at the request of the India~ Affairs Program. Though only part of it dealt with policing problems, some of its recommendations serve to delineate relevant areas of concern. These are: 1. "(3) Clarification of the jurisdictional responsibilities between the provincial governments and the federal government for police, legal aid, probation and after­ care ~ervices to Indians as a basis for expanding and improving existing law enforcement, judicial and correctional services. 2. "(6) Termination of multiple police jurisdiction on Indian Issued under the authority of the reserves through arrangements between the federal, Hon. Jean Chr~tien~ PC, MP, Minister of provincial and municipal police forces, to remove Indian Affairs and Northern Development confusion in the minds of the people and to avoid lAND Publication No. QS-1363-000-EE-Al costly and inefficient use pf police manpower. A single 1. Annex consists of statisticaitables showing incidence of petty •.. /2 crime in general populations and among native peoples. - 3 '- 2 - examination of the system, there were a total of 109 band constables force on each reserve is recommended, assisted by an expanded and improved Indian constabulary. servicing some 83 bands. By November there were 156 band constables 3. 11(7) Expansion and improvement of the Indian constable servicing 112 bands. (A revised chart of the current situation is system through: attached as Annex 2). a) Clear definition of terms of reference, including expanded authority under federal and provincial legislation; Though Circular 55 brought about extensive improvements in policing b) Training of band constables to provide knowledge on reserves, it was never intended as a permanent system to meet of modern police methods and skills; ., ongoing needs, but as a means of dealing with the most pressing problems. c) Adequate and standardized pay levels and working conditions to recognize the importance of this Persistent policing problems experienced by Indian communities led to as a career position; the establishment of the Task Force in January of this year in an effort d) Continuing supervision by the appropriate police force. > to get at the fundamental problems and to create a framework within 4. "(8) That where feasible, the Royal Clnadian Mounted Police be which viable solutions might be found. It was imperative that the requ~sted to take responsibility for training and supervision of the Indian constable system. Task Force have at its disposal the services of a consultant with an 5. "(16) The role of the Indian Affairs Branch in all phases of the expertise in policing generally and some experience in dealing with the law enforcement, judicial and correction process should be reviewed with the objective of ensuring that adequate policing problems of Indian peoples. The Task Force was fortunate to programs are available to Indians through federal, provincial and private agencies ... offences." secure the services of Ex-Deputy Commissioner William Kelly (RCMP) as its consultant. Thus, it was evident from a number of sources, including particularly from the Indian people themselves, and from surveys like "Indians and the Law" Objective that there was a pressing need for improved policing services on reserves. The Task Force was to examine policing on reserves in its entirety, and In response to this need the Department adopted in 1971 a new policy outlined after consultation with all concerned at appropriate levels, to make in what came to be known as Circular 55, of September 24, 1971. In that recommendations on this subject. Circular the regulations for the Indian Band Constable system wl::re revised. (Indian Band Constables are responsible to Band Councils, though their Scope salaries are heavily subsidized by the Department.) The revision provided The Task Force was li~ted in its scope to policing services ?n reserves. for more fl ex; bi 1i ty, better condi ti ons of servi ce and more effecti ve This eliminated consideration of such services in the Yukon, Northwest organization. By February of this year, when the Task Force began its Territories, and Northern Quebec, though. the Task Force was very much ... /3 ... /4 - 4 - - 5 - . aware that the conclusions it reached, and the recol1111endations it made, The Task Force believes that most of the policing functions required by might well be relevant to native peoples in these areas. Indians living communities lie within the jurisdictional responsibility of the in urban centres made up another, and much larger, group which were prOVincial governments. (Attached as Annex 3 is a short paper on outside its tll:rms of reference, though the Task Force remains very much jurisdiction which develops this point of view.) This reinforced the aware that this will be an area of. increasing concern. Task Force's assumption that it must adopt a regional approach to its work. It also underlay an early decision to solicit the continuing Though on one hand the Task Force was limited to policing services on cooperation of the provincial authorities in each Region. reserves, on the other hand it had also to consider policing in relation to the adjacent areas £urrounding the reserves. Not to do so would be The Task Force began by making a number of assumptions. It was thought unrealistic, considering the fact that many of the most intractable policing that these could best be expressed as guidelines in that the Task Force problems arise from the relationship between Indian and non-Indian had, throughout its work, to remai n aware of them and they served to communities. shape the kinds of solutions which eventually emerged. They are: In much the same way, though the Task Force recognized that its responsibility 1) As each Region has its own particular policing problems, should be confined to reporting on how policing on reserves might be Indian consultation could only be carried out at the improved and making recommendations to that effect, in practise it was Regional level an,d solutions would vary greatly from very difficult to drav~ a firm clear line between the consultative and the Region to Region; implementative process, and not infrequently the Task Force found itself 2) Indians are entitled to have policing as good as that involved in what could only be regarded as the first part of the implement­ enjoyed by other Canadian citizens; ative process. Because progress in the different regions was uneven, and because of the inter-dependence of the processes themsel ves, it prov.ed 3) The major responsibility for policing in each Region is impossible to avoid involv.ement in the first steps of implementation. that of the respective Provincial Attorneys-General; Rationale 4) Any minority group should, where appropriate, be policed within the local police structure by members of its own The rationale was developed very early in the Task Force's work. It communi ty; consists of the adoption of a point of view on the jurisdictional question, and the development of a set of guidelines. .. /6 ... /5 , '.i' ' .. F - 6 - - 7 - 5) Indi ans shoul d be affered the chai ce as to. the type The wark af the Task Force divided naturally into. three braad phases. af pal i ce serv; ce they prefer; and The first phase was taken up with a tharaugh examinatian af the prevailing 6) There is a need far preventive palicing which cauld be situation. A second phase was taken up with devising methads to. cansult Indian peaples, and ather parties invalved, as to. haw palicing might be abtained by a pal ice presence an reserves, and at the sam~ impraved. A third phase was taken up with ascertaining Indian preferences, time imprave upan the ca~plaint-ariented system which naw and cans ulti ng the ather pa rti es i nva 1ved as to. the practi cabo; 1ity af prevails. their preferences. Methad WORK OF THE TASK FORCE Given the necessity far a regional appraach, the fallowing wark plan was adapted: First Phase 1) To. examine th2 current palicing situatian which exists The Task Force made a thoraugh 0Yaminatian af the current situatian in the in each Regian and the ratianale far it; caurse af which it prepared a synopsis made up af charts af the relevant 2) To. determine the prablems en';;;Juntered in each Regian, and statistical data, shart papers an jurisdictian, guidelines (Annex 4) and the salutians develaped there to.
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