Transition Binder: Indigenous Affairs Branch Overview

Background

The Indigenous Affairs Branch (IAB) is being created to deliver Public Safety Canada's (PS) Indigenous policing programs and to lead associated policy and legislative reforms. The Branch also serves as a focal point for strategic policy analysis and integration of Indigenous considerations across the PS mandate, and aims to coordinate PS input on various horizontal initiatives that advance the Government of Canada's reconciliation objectives with First Nations, Inuit and Métis.

In this context, IAB currently leads several key policy and programming initiatives:

  1. The modernization of the First Nations and Inuit Policing Program (FNIPP) and the First Nation and Inuit Policing Facilities Program (FNIPFP), including the co-development of federal legislation to support First Nations and Inuit police services as essential services and managing escalating litigation associated with these programs
  2. Leading federal-provincial-territorial (FPT) dialogue on issues related to policing and community safety in First Nations, Inuit and Metis communities
  3. Support to key Government of Canada horizontal initiatives including:
    1. The negotiation and implementation of modern treaties and self-government agreements
    2. The Permanent Bilateral Mechanism (PBM) process which support direct dialogue between the Government of Canada and First Nations, Inuit and Métis leadership
    3. The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) Act (UNDA), the Calls to Justice from the Inquiry into Missing and Murdered Indigenous Women and Girls (MMIWG) and the Calls to Action from the Truth and Reconciliation Commission; and
    4. The Department of Justice's development of the Indigenous Justice Strategy

To advance these priorities, the IAB engages collaboratively with Indigenous rights-holders, partners, and organizations; provincial and territorial governments; and other federal departments. Key federal partners include Indigenous Services Canada, Crown-Indigenous Relations and Northern Affairs Canada, Justice Canada, and the Royal Canadian Mounted Police.

IAB continues to stabilize and increase its resource base to deliver effectively on the strategic coherence that these initiatives demand, especially in the face of growing expectations related to policing and legal risk faced by the policing program suite.

FNIPP and FNIPFP Modernization

In 1991, FNIPP was created as a contribution program to enhance policing services that are professional, dedicated and responsive to the First Nation or Inuit community they serve. FNIPP policing agreements are cost-shared between the federal government (52%) and the PT government (48%), reflecting a shared interest in Indigenous policing.

FNIPP currently serves approximately 66% of First Nation and Inuit communities in Canada, across all 13 provinces and territories. Budget 2024 provided $467.5 million and $92.5 million ongoing for the Programs and to support the work of IAB. This in addition to Budget 2021 which provided $540.3 million over five years beginning in 2021-22 and $126.8 million ongoing to support Indigenous communities currently served under the FNIPP and to expand the program to new First Nations and Inuit communities.

The FNIPFP was established in 2018 as a complement to FNIPP. The programs funds the repair, renovation and replacement of policing facilities in First Nation and Inuit communities. As with the FNIPP, these investments are cost-shared at a 52% federal – 48% PT split. Budget 2021 provided an additional investment in the program of $108.6M over five years beginning in 2021-22 to further support the improvement of First Nation and Inuit policing facilities. Budget 2024 provided $200 million over five years beginning in 2024-2025 to support further repairs.

IAB has been responsible for the delivery of FNIPP and FNIPFP since April 1, 2024. Program modernization efforts are informed by the March 2024 Auditor General's Report on the FNIPP. Key pieces to these reforms are 1) updating the program's Terms and Conditions to streamline inefficiencies and better respond to the needs of First Nations police services; 2) modernizing the 1996 First Nations and Policing Policy; and, 3) seeking additional support for First Nations and Inuit police services. Métis are not eligible recipients for FNIPP/FNIPFP programming.

IAB is responsible for advancing the Minister's mandate commitment to work with First Nations partners to co-develop a legislative framework for First Nations policing. The mandate aims to support First Nations police services through a federal legislation which would recognize First Nations police services as an essential service and support them with equitable federal funding. First Nations police services would continue to be subject to provincial policing legislative frameworks.

Co-development of federal First Nations police services legislation

For over three years, PS collaborated with the First Nations Chiefs of Police Association, the First Nations Police Governance Council, and provinces and territories to develop the policy vision of the legislation and to identify its costs. Two engagement processes were also hosted with First Nations leadership, in Winter 2022 and Winter 2024, to validate the direction of the legislation and to receive feedback. This work culminated in the creation of the "Elements to inform the First Nations police services legislation", which were shared with all First Nations September 27, 2024.

The Assembly of First Nations (AFN) was PS's original co-development partner. However, the AFN has since revised its mandate via three resolutions to direct the AFN to co-develop legislation that would recognize First Nations inherent rights and jurisdiction over policing. This approach is incongruous with the Government's mandate to bring forward legislation which complements existing provincial/territorial legal frameworks in the area of policing.

Current Status: The Minister met with the National Chief September 25, 2024 to discuss a path forward. The Minister and National Chief agreed to strike a working group with the objective to support the introduction of a bill in 2024 as per the Ministers mandate and to discuss a way to advance the jurisdiction over policing question separate from the legislation. The IAB is working with the AFN to schedule the inaugural meeting in early November. These timelines are very ambitious. A source of funds will also need to be identified prior to tabling a bill.

Litigation management

The FNIPP has been criticized by policing and Indigenous stakeholders who view a discretionary contribution program with a limited funding envelope as inappropriate for an essential service. This criticism has led to several litigation proceedings alleging discrimination by the Government of Canada in their funding of Indigenous police services.

FPT Dialogue on Policing and Community Safety in First Nations, Inuit and Metis Communities

In addition to supporting the effective coordination of FNIPP and FNIPFP programming with PTs, based on the 52% federal - 48% provincial/territorial cost-sharing relationship, IAB also leads forward-looking dialogue with PTs on Indigenous policing.

Discussions on both fronts are managed through an PS Assistant Deputy Minister level FPT Committee on Indigenous Policing that reports up to Deputy Minister-level FPT meetings. As part of its Management Action Plan in response to the Auditor General of Canada's March 2024 recommendations, IAB is renewing its FNIPPP/FNIPFP program governance relationships with PTs with a view to improving the efficiency and expediency of program delivery.

Support to Government of Canada Horizontal Initiatives

Negotiation and Implementation of treaties and self-government agreements

Modern Treaty and Recognition of Indigenous Rights and Self-Determination Agreements have been and are intended to be acts of reconciliation based on mutual recognition and respect. The Government of Canada is currently involved in approximately 150 negotiation tables with Indigenous groups.

IAB officials participate in negotiation tables where PS mandate-related issues are implicated. These issues include the relationship of laws, the application of the Canadian Constitution and Charter, the application of provincial and federal laws, the criminal law and all other areas of overriding national importance, firearms language, crown access to lands, emergency management, references to public order and peace and safety, policing, and the enforcement of Indigenous laws.

Assessing Modern Treaty Implications (AMTI): As per the 2015 Cabinet Directive, in developing policy and program proposals to Cabinet, departments are expected to consider the policy and legal implications of modern treaties, attest to the compliance of the proposals with the modern treaties, and complete an AMTI.

IAB is responsible for guiding PS analysts through the AMTI process by:

PBMs with National Indigenous Organizations

The Government of Canada has established PBMs with First Nations, Inuit and Métis Nation leaders to identify joint priorities, co-develop and monitor progress on advancing reconciliation with Indigenous peoples. PS officials support work related to Justice and Policing in these venues.

UNDA, MMIWG and 2SLGBTQl+ and the Calls to Action from the Truth and Reconciliation Commission

UNDA became law on June 21, 2021. The Act requires the Government of Canada to work in consultation and cooperation with Indigenous peoples to:

PS is responsible for the implementation of 9 Action Plan Measures (APMs) and co-leads on an additional 2 APMs. This includes 9 Shared Priorities (SPs), 1 First Nation priority and 1 Métis priority.

MMIWG and 2SLGBTQl+: the national inquiry released its final report in June 2019 with 231 Calls for Justice. The national action plan was released on June 3, 2021.

The Truth and Reconciliation Commission of Canada created a historical record of the residential schools system and the TRC held its closing event in June 2015 with a report that included 94 calls to action to further reconciliation between Canadians and Indigenous Peoples.

Indigenous Justice Strategy

The Department of Justice is currently leading the distinctions-based co-development of a strategy to address systemic discrimination and the overrepresentation of Indigenous people in the justice system. Once approved, PS will likely have a role in implementation of some portions of the strategy.

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