The federal government is backing away from setting a timeline for introducing legislation that would declare First Nations policing an essential service, when at least one regional chief hopes to see one this spring.
Assembly of First Nations executive member Ghislain Picard says he is fighting for better First Nations policing on two fronts: getting better funding for existing services and helping to write the new law.
It’s an issue that’s been debated for years, said Picard, one of the justice and policing officers for the national organization that represents more than 600 First Nations.
Public Security Minister Marco Mendicino told The Canadian Press last December that the government hoped to table a bill in 2023.
This week, however, a minister’s press secretary strayed from any timeline, saying it’s too early to say when the bill will be tabled.
In September 2022, Mr. Mendicino told reporters he would “work around the clock” to introduce legislation in the fall.
Two years earlier, Prime Minister Justin Trudeau promised to “accelerate work on First Nations policing, including legislating it as an essential service.”
Mr Picard said he and others working on the issue remained “very committed to seeing a bill, hopefully, before the House adjourns in June”.
“We are still very close to this objective, on our side”.
Difficult to provide a timeline
Mr. Mendicino’s director of communications said Tuesday that the law was a “major component” of his efforts to expand policing services to First Nations.
“This work is well advanced and includes several unique elements that make it difficult to provide an exact timeline. Most importantly, this bill is being co-developed (with) the Assembly of First Nations as an equal partner,” Alexander Cohen said in a written statement.
“Furthermore, this is an area of shared federal-provincial jurisdiction and as such requires greater coordination between levels of government. That said, we are not waiting for a law to take action.”
Cohen highlighted the millions of dollars spent in previous budgets on First Nations policing and ongoing work with individual communities and tribal councils on efforts to strengthen community safety.
Complaint in Ontario
Funding for First Nations police services is the subject of a human rights complaint recently filed by nine police services in Ontario.
At the heart of the complaint is an allegation that the 1991 program used by Ottawa to provide funding is inadequate, leaving police departments short of personnel, equipment and other resources. The program is cost-shared with the provinces.
The complaint alleges that the “deliberate” underfunding amounts to discrimination on the part of the federal government.
The action has won the support of the association that defends the 36 First Nations police services in Canada.
Mr Picard said such a complaint was to be expected given the chiefs’ longstanding concerns.
“They’ve been complaining about this program and its shortcomings since day one,” he said.
An internal review of the program released last year by the Department of Public Safety found that the “limited amount” earmarked in its budget is causing police agreements to be underfunded, creating ongoing challenges for services.
The federal government is still trying to determine the scope of the essential services law.
When asked on Tuesday if he had seen any drafts or wordings, Mr. Picard replied: “We are not there yet.”