Appellate brief that seeks to quash human-rights ruling says federal funding for First Nations police forces exists at the government’s discretion
The federal government is arguing in court that it is not obligated to provide funding for policing on First Nations, even though the governing Liberals have publicly pledged for years to pass legislation declaring law enforcement in Indigenous communities to be an essential service.
The rights ruling is a precedent that has already inspired follow-up litigation, and it could have profound effects on how First Nations police forces are funded and administered in the future. In 2019, the final report of the National Inquiry into Missing and Murdered Indigenous Women and Girls pressed the government to pass legislation that would “immediately and dramatically transform Indigenous policing.” Prime Minister Justin Trudeau wrote a mandate letter months later directing his cabinet ministers to develop that law. But the bill has not been drafted.
More than 30 such self-administered police forces are operating in Canada today under the FNIPP’s umbrella. But they are clustered in Central Canada. The Globe and Mail has reported that the program has bypassed many First Nations, and that its continuing rollout is beset by funding shortages and accountability issues.Police chiefs for the First Nations forces are meeting in Quebec City this week.
“The Tribunal rejects the argument that the [FNIPP] is only a funding or contribution program and that the Canadian government does not have an obligation to fully fund Aboriginal policing,” Federal Court Justice Jocelyne Gagné wrote.The FNIPP provides funding on fixed-term contracts. When those contracts end, Indigenous police services have to renegotiate funding with Ottawa, and they can face financial uncertainty until they do.
Public Safety Canada is continuing to negotiate with the three police forces, according to departmental spokesperson Tim Warmington.
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