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User Report FIRST NATIONS POLICING TRIPARTITE AGREEMENTS Volume 4 NO. 1995-09 E 98 • p75 F5 1995 v.4 olicitor General Canada inistry Secretariat Canadd ei5e- F FIRST NATIONS POLICING TRIPARTITE AGREEMENTS Volume 4 NO. 1995-09 This document has been compiled by officials in the Department of the Solicitor General of Canada and contains copies of tripartite agreements that have been concluded as of the date of publication. The agreements are made available in the language that they were drafted including translations where they have been provided. Cat: JS4-1/1995-9E ISBN: 0-662-23886-9 LIBRARY 601-1CITOR GENER.AL CANADA JAN 18 19t) souerrEUR GE11ERAL CANADA OTTAWA (ONTARIO) MA 01)8 TABLE OF CONTENTS SECTION 1: THE DAKOTA OJIBWAY POLICE SERVICE AGREEMENT SECTION 2: ENTENTE SUR LES SERVICES POLICIERS ENTRE LE CONSEIL INDIEN D'OBEDJIWAN ET LE GOVERNEMENT DU CANADA ET LE GOUVERNEMENT DU QUÉBEC SECTION 3: A BLOOD TRIBE/ALI3ERTA/CANADA TRIPARTITE AGREEMENT ON POLICING SECTION 4: A LESSER SLAVE LAKE INDIAN REGIONAL COUNCIL/ALBERTA/CANADA TRIPARTITE AGREEMENT ON POLICING SECTION 5: A LOUIS BULL TRIBE/ALBERTA/ CANADA TRIPARTITE AGREEMENT ON POLICING SECTION 1 December 1, 1994 THE DAKOTA OJIBWAY POLICE SERVICE AGREEMENT THIS AGREEMENT MADE AS OF THE <31, DAY OF Di Lu-1 -\ , 1994 BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by the Solicitor General of Canada (herein referred to as "Canada") OF THE FIRST PART -and- HER MAJESTY THE QUEEN IN RIGHT OF MANITOBA as represented by the Minister of Justice of Manitoba (herein referred to as "the Province of Manitoba") OF THE SECOND PART -and- THE DAKOTA OJIBWAY TRIBAL COUNCIL a non-share corporation incorporated under the laws of the Province of Manitoba, as represented by the Chiefs of the DOTC Communities (herein referred to as the "DOTC") OF THE THIRD PART WHEREAS the Parties wish to cooperate in the operation of policing services for the Birdtail Sioux, Dakota Plains, Long Plain, Oak Lake Sioux, Roseau River and Sioux Valley First Nation communities (the "DOTC Communities"), consistent with the aspirations of the DOTC, the provisions of The Provincial Police Act of Manitoba and any regulations made thereunder, and Canada's First Nations Policing Policy (1991); 2 AND WHEREAS the . Parties have entered into an Interim Policing Agreement dated May 19, 1994 for the provision of police service to the DOTC Communities by an interim police service consisting of Members of the Provincial Police Service and DOPS Police Officers under the supervision and control of the RCMP; AND WHEREAS the Parties wish to set up an efficient, effective, economical, professional and culturally responsive police service to be responsible to maintain law and order, keep the peace and ensure the safety of persons and the security of property in the DOTC Communities; AND WHEREAS the Parties recognize that nothing in this Agreement shall abrogate or derogate from Aboriginal, treaty, constitutional or any other rights which have accrued or may accrue to any of the Parties. NOW THEREFORE, in consideration of the covenants and warranties, and subject to the terms and conditions hereinafter set out, the Parties agree as follows: SECTION 1: DEFINITIONS 1.1 Unless otherwise stated, the following terms shall, for the purposes of this Agreement, have the following respective meanings: (a) "Commanding Officer" means the officer of the RCMP, resident in the Province of Manitoba, appointed by the Commissioner to command the Division, or a person to act on his or her behalf; (b) "Commissioner" means the Commissioner of the RCMP; (c) "Criminal Operations NCO" means a non-commissioned officer of the RCMP, seconded to the DOPS, responsible for the investigation of major criminal activity; (d) "Detachment" means an organizational component of the Division that has prescribed territorial boundaries and includes satellite and community service offices; (e) "Director of the DOPS" (the Director) means a Member of the RCMP • seconded to manage the DOPS during Phase I of this Agreement; (f) "Division" means the organizational component of the RCMP that is responsible for law enforcement and the prevention of crime in the Province of Manitoba; 3 (g) "DOTC Communities" means the Birdtail Sioux Band No. 284, Dakota Plains Band No. 288, Long Plain Band No. 287, Oak Lake Sioux Band No. 289, Roseau River Band No. 273 and Sioux Valley Band No. 290; (h) "DOPS Detachment" means an organizational component of the DOPS that has prescribed territorial boundaries and includes community service offices; (i) "DOPS Commission" or the "Commission" means, for the purposes of this Agreement, the DOTC Police Commission which has the powers and responsibilities as set out in The Provincial Police Act of Manitoba; (j) "DOPS police officer" means a member of the DOPS who is appointed as a peace officer under The Provincial Police Act of Manitoba and includes the Chief of Police and the Deputy Chief of Police; (k) "DOPS" means the Police Service established under Section 13 of this Agreement, the aggregate of resources, police officers and support staff employed by the DOPS to provide policing service to the DOTC Communities; (I) "Fiscal Year" means the period beginning on April 1 in any year and ending on March 31 of the next year; (m) "Implementation Board" means the Board composed of one representative from each of the Solicitor General of Canada, the Manitoba Department of Justice, the RCMP and two members of the DOTC who are not members of the DOPS; (n) "Local Police Committee" means the body to be established under Section 12 of this Agreement to provide a local mechanism for police accountability to the DOTC Communities; (o) "Member" means any Member of the RCMP appointed pursuant to the Royal Canadian Mounted Police Act and any regulations made pursuant thereto and, without limitation, includes any regular member, special constable, special constable member and civilian so appointed; (p) "Minister" means the provincial Minister responsible for policing services in the Province of Manitoba; (q) "Parties" means Canada, the Province of Manitoba and the DOTC; 4 (r) "Phases" means the Phases referred to in Subsection 4.2 of this Agreement; (s) "Provincial Police Service" means the aggregate of resources, members and support staff employed by Canada to provide policing services in the Province of Manitoba under the Provincial Police Service Agreement; (t) "Provincial Police Service Agreement" means the Agreement between Canada and the Province of Manitoba dated April 1, 1992; (u) "RCMP" means the Royal Canadian Mounted Police; (v) "Solicitor General" means the Solicitor General of Canada; (w) "Steering Committee" means the Committee composed of the Deputy Solicitor General of Canada, the Deputy Minister of Justice for Manitoba, the Commanding Officer of "D" Division of the RCMP (for Phases I and II) and the President and Vice-President of the DOTC; and (x) "Supervisors" means the Members referred to in Section 14 of this Agreement and the DOPS police officers referred to in Section 15 of this Agreement who shall be responsible for the daily supervision of all human resources, direction of investigations and operational activity in the DOPS detachments. SECTION 2: OBJECTIVES OF THE AGREEMENT 2.1 The objective of this Agreement the establishment of a policing service for the DOTC Communities, and: (a) the continuation of the Commission; (b) the development of the DOPS to the same level and standard as exists elsewhere in the Province of Manitoba; (c) the provision for the transition of the composition and management of the DOPS in three Phases in accordance with the Implementation Plan, attached as Schedule "B" to this Agreement; (d) the identification of the terms, conditions and relationships among the Parties and the RCMP for this policing arrangement; and 5 (e) the clarification of the roles, responsibilities and relationships among the DOTC, the Commission, the Local Police Committees, and the DOPS. SECTION 3: SCHEDULES 3.1 The following schedules are hereby incorporated into and constitute part to this Agreement: Schedule "A" - Operational Budget Schedule "B" - Implementation Plan SECTION 4: TERM OF THE AGREEMENT 4.1 Notwithstanding the date on which this Agreement is executed and subject to Subsection 19.4 and the termination provisions contained in Section 23, this Agreement shall be in effect from January 1, 1995 until December 31, 1999: 4.2 The DOPS shall be implemented in three Phases, the time frames of which are to be determined by the Steering Committee, in consultation with the Commission andin accordance with the provisions set out in the Implementation Plan, attached as Schedule "B" to this Agreement.