Aboriginal Policing in Canada

Document Type:Thesis

Subject Area:Law

Document 1

As the population continues to grow, it is of crucial importance that changes be put into place in order to make positive changes within Indigenous communities. The Aboriginal population will double over the next two decades; Thus, the objective of this paper is to provide a comprehensive literature review on the topic of Aboriginal Policing in Canada in regards to understanding the history of First Nations policing models; and the impact First Nations’ face. Once a broad understanding of Aboriginal Policing is exhibited, policy recommendations will be brought forward on the basis of the findings of the literature review. As noted above, Indigenous communities continue to be subjected to overrepresentation in the criminal justice system, facing an increasing amount of crime rates.

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Thus, it is imperative to research the current standing of police practices within Indigenous communities and to determine policies that can aid in reducing the high crime rates which these communities face; in order to shed light on the current realities and make a difference. , agreements between the federal and provincial governments, and one or more First Nation communities (Jones et al. Each of these police services is apt to respond to the challenges of crime in a different manner and it is likely that some of the crime reduction strategies developed by these organizations are very effective, although this information has not been consistently disseminated to the policing and academic communities (Jones et al. Legislative Framework- According to CHAPTER 5…. ,in Ontario, it was observed that legislative framework is not consistent with the FNPP.

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In this regard, legislative framework consists of federal and provincial laws and associated regulations. That being said, it is clear that the number of police officers on duty does not always meet the provincial standard of two uniform officers assigned to serious incidents. Another Ontario policing regulation specifies that policing services must have use of a communications center 24 hours a day to ensure constant communication between police officers who are on patrol (CHAPTER 5). According to an official of a self-administered policing service in Ontario that serves 24 fly-in First Nations communities, only one of these communities has a detachment with a radio system that meets this standard (CHAPTER 5). It is evident that there is a clear lack of requirement of Aboriginal SAs to comply with the provincial framework.

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This is not consistent with the FNPP’s objectives in which states… “To ensure that First Nations peoples enjoy their right to personal security and public safety. Resources and Funding Violent crime and property crime levels have been very high, and the 24/7 local demand for policing has usually far exceeded the police resources available. Mental Health/ more resources…. Due to the lack of other social services in Aboriginal communities, police either supplement or take on health and victim services (Landau, 1996; LaPrairie & Diamond, 1992; Lithopoulos & Ruddell, 2011). This lack of services increases in remote communities that do not have a well developed health, educational or social service infrastructure. Because no alternatives exist, the police in these communities are sometimes counted upon to play a greater number of social service roles (Ruddell, 2014).

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Smaller stand alone law enforcement agencies may be more vulnerable to economic conditions as they lack the size to respond to changes in the larger environment (King, 2009). By contrast, larger regional and provincial police services and the RCMP have the financial capacity to develop better responses to budget shortfalls. Funding arrangements are also done on a per officer basis, which does not include administrative staff and historically these agreements did not account for technology and equipment (Sixdion, 2000). Additional funds for stand-alone self-administered services have been provided by the First Nations’ revenue although the program is supposed to be cost shared between only the provincial/territorial and federal government (Clairmont, 2006; Linden, 2007; The Administrative Capacity SAs tend to face administrative/management issues. Many of these issues were identified by early studies of the implementation of the FNPP.

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(Ipperwash Inquiry, 2007, p. 96)8 Avoiding further violence Perhaps the most important question is whether or not the OPP sincerely intends to adopt the principles, as set out in the Framework, as an official policy proposal for handling Native protests – or will the document be used only to appease public concerns and deflect criticism. The proposals set out in the Framework are certainly worth noting. The document begins by stating that: The Ontario Provincial Police (OPP) is committed to safeguarding the individual rights enshrined within the Federal and Provincial laws, inclusive of those specifically respecting the rights of Aboriginal persons of Canada as set out in the Canadian Charter of Rights and Freedoms. The OPP recognizes that conflicts may arise as Aboriginal communities and the various levels of government work to resolve outstanding issues associated with matters such as land claims, self-determination, and Aboriginal treaty rights, which may relate to education, hunting, and fishing.

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studies indicating that small non-Indigenous law enforcement organizations are often prone to being disbanded during their first decade of operation (King 2014). This issue is exacerbated in Indigenous communities, where police services face unique challenges that arguably impact their sustainability (e. g. , retention of officers, remoteness, etc. https://www. Both of these approaches are tied to notions of self-determination and self-government (Blagg & Valuri, 2004; Ruddell & Lithopoulos, 2011; Samuelson, 1993; Wakeling, Jorgensen, Michaelson & Begay; 2001). Additionally, although discussed less often, is the capacity for communities to be active in their policing when confronting significant social issues police accountability to the community and its issues, distinct policing roles and objectives (as compared with traditional reactive Canadian policing), and a proactive approach to policing (Clairmont, 2000, 2006; Clairmont, & Murphy, 2000; Depew, 1992). This flexibility was posited to lead to the development of creative solutions to local problems.

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Whereas one crime may be referred to the police and processed through the criminal justice system, the community may desire to handle another crime internally through other mechanisms (Auger et al. , 1992; Clairmont, 2006; Landau, 1996). As people in poor communities do not typically have insurance, crime can push an individual or family further into poverty. Furthermore, if the time and resources of a local government are directed into preventing and responding to crime and repairing the damages from crime, leaders have less time to devote to other more positive endeavors such as job creation, developing recreation programs or maintaining the infrastructure. e indirect (or intangible) costs of crime may even be higher. According to Heaton (2010, p. 2), indirect costs include “lost quality of life resulting from fear of crime or the psychological effects of victimization.

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It is not intended to replace core policing services that are normally provided by the provinces. Recommendation. Public Safety Canada should clarify what specific policing services the First Nations Policing Program is intended to fund (see full recommendation paragraph 5. Public Safety Canada does not have reasonable assurance that policing facilities in First Nations communities are adequate (see paragraphs 5. 62) We found that Public Safety Canada does not systematically collect information about whether policing facilities maintained by First Nations (who are party to the policing agreements) comply with the National Building Code of Canada, the National Fire Code of Canada, or applicable provincial standards for policing facilities. (Clairmont, D. Over policing is a situation whereby the police targets specific people from a particular ethnic group or a given neighborhood.

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The over-policing issue has its history amongst the aboriginal people. The Canadian government is known to have used excessive force to try and intimidate those people who work to exercise the indigenous rights. The police were used in most cases to arrest these people and also apprehend children so that they can be made to attend the residential schools so that they can support the welfare agencies later. These amendments have been edited in such a way that particular attention will be directed to the aboriginal victims. Some programs have been created explicitly by both the federal and provincial governments to address the issues of overrepresentation and underrepresentation of the aboriginal victims in the criminal justice system. Several decades ago, both governments initiated some funding programs that aimed at removing the indigenous citizens from the criminal justice system.

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The plan was to ensure that their justice was achieved appropriately and culturally which could be appreciated by every member of the aboriginal society. Despite all these efforts, there has been no significant change in the policing activities for the past two decades. The services were provided until the 1960s when changes started happening whereby the government services were being expanded as well as the services offered to aboriginal communities in the country. These changes were initiated by the department of Indian affairs and northern development. During the RCP policing, the aboriginal communities were placed under a comprehensive mandate. During this time, the regular members of the society played very limited roles in the policing functions. The relationship between the police and the community leaders was not formal in any way, and thus the community leaders were just considered as helpers.

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The number of victims amongst the aboriginal members of the Canadian society has significantly risen since 2009 his is according to the reports presented by the General Social Survey on victimization. T Boyce, J. 2014) It has been reported that in 2014 the number of non-aboriginal offenses was more than half of the aboriginal crimes. This was inclusive of all kinds of batteries that were committed against every victim within the ten provinces. Victimization among these people does not seem to be only determined by one having the aboriginal identity alone. Despite all the forms of victimization that the aboriginal people suffer from, it has been realized that they are less likely to report matters of victimization to the authorities as compared to the non-aboriginal persons.

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The percentage difference between the none-spouse violence recorded cases against aboriginal and non-aboriginal individuals range between 10 to 15%. Coleman, (T. , & Cotton, D. (2014) There have been cases of overrepresentation of the aboriginal individuals on the issue of victimizations. The funding will help communicate the seriousness of the issue amongst all the members of the society. Change in in the policing sector is considered one of the crucial things that should be considered by the government. This apparently calls for an awareness program that would help make the issue know to every administrative agency in the whole country. People also will be able to understand the seriousness of the mater. Recruitment of the aboriginal individuals to the police force is one of the most efficient ways to curb the misunderstanding between the people and the police.

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The government controls all the activities regarding the well-being of the Canadian society. Numerous researchers have shown that even after the government has made countless promises to protect the aboriginal community, they are still suffering. It appears that the government either does not implement the policies that it put in place or maybe the promises that it makes to the people are just open lies. Victimization amongst the aboriginal Canadians seems to prevail as time progresses. As compared to other nations of the world Canada appears to have had the most. Clairmont, D. Aboriginal policing in Canada: An overview of developments in First Nations. Retrieved Sept. 13, 2013, from http://www. attorneygeneral. Coleman, T. , & Cotton, D. TEMPO: Police interactions: A Report towards improving interactions between police and people living with mental health problems.

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