Documents reveal Ottawa holds AFN responsible for delays in First Nations policing bill

Federal authorities have expressed concerns that the long-awaited legislation declaring First Nations policing an essential service is being delayed due to hesitations from the Assembly of First Nations, according to newly released internal documents. These records, obtained under the Access to Information Act, indicate that one of the main points of contention between the advocacy organization and Ottawa is whether policing should be recognized as an area of First Nations jurisdiction, similar to the recognition given to child-welfare services. Prime Minister Justin Trudeau had promised to introduce a new First Nations policing law in 2020 after consistent calls from Indigenous leaders. The federal government committed to co-developing the law with the Assembly of First Nations, which represents over 600 communities across Canada. The need for legislative change was emphasized last year after a tragedy in James Smith Cree Nation and the nearby community of Weldon, Sask., where 11 people were killed and 17 injured. The RCMP, located nearly 50 kilometers away, had jurisdiction over the area, prompting the community to call for immediate changes to emergency services. However, despite the approaching anniversary of the tragedy, the Assembly of First Nations and Ottawa seem to be at a standstill regarding the content of the First Nations policing law. Existing First Nations police services have also expressed their financial struggles as a result of an outdated funding program from the 1990s that is shared with provinces. Briefing notes prepared for the Public Safety Department reveal concerns that the government might not be able to table a First Nations police services bill by June 2023 due to challenges with the Assembly of First Nations. These challenges have led to delays in receiving comments and reports from the organization. Communication difficulties between the Assembly of First Nations and the federal government stem from differing views on the jurisdiction of policing – whether it should belong to the provinces or to the First Nations. While the federal government has recognized First Nations jurisdiction in other areas, such as child-welfare services, their willingness to do the same for policing remains uncertain. The federal government insists that existing provincial policing laws, with their standards and processes for public complaints, are sufficient for effective services. The Assembly of First Nations, on the other hand, argues that the legislation should recognize First Nations jurisdiction and rights, citing the UN Declaration on the Rights of Indigenous Peoples. The organization is currently waiting to meet with Public Safety Minister Dominic LeBlanc to discuss the issue further. However, given the potential for an election and an uncertain future for the Liberal government, the fate of the bill is uncertain. The Assembly of First Nations emphasizes that the federal government must play a role in funding First Nations policing as an essential service.

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