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INAN Committee Report

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LIST OF RECOMMENDATIONS

As a result of their deliberations committees may make recommendations which they include in their reports for the consideration of the House of Commons or the Government. Recommendations related to this study are listed below.

Recommendation 1

That the Government of Canada, with the Department of Justice taking a lead role, establish a permanent Federal Advisor on the Enforcement of First Nations Laws and by‑laws. The Federal Advisor should:

  • be funded adequately, and work with all relevant departments;
  • advise the Minister of Justice and Attorney General on matters relating to and the implementation of Indigenous laws including by-laws on‑reserve and challenges to the enforceability of Indigenous laws;
  • advise the Minister of Justice and Attorney General when needed on the navigation of the unique issues relating to jurisdiction on-reserve and First Nations lands management;
  • assist the Minister of Justice and Attorney General when advising the heads of departments of the government on matters of law connected with jurisdiction as well as Indigenous laws;
  • engage with First Nations across Canada to identify solutions to the lack of enforcement of First Nations laws and by-laws;
  • ensure that First Nations that want to participate in this process receive funding and other necessary supports to enable them to participate;
  • Ensure that the voices of First Nations women, girls, and Two Spirit, lesbian, gay, bisexual, transgender, queer, questioning, intersex and/or asexual (2SLGBTQQIA+) people are included and supported in these discussions;
  • As part of the discussions, explore the possibility of appointing Justices of the Peace under section 107 of the Indian Act and section 19.4 of the Framework Agreement on First Nations Land Management; and
  • Provide a report outlining a path forward within one year of the tabling of this report.

Recommendation 2

That the Government of Canada convene a working group made up of relevant federal departments, the First Nations Lands Advisory Board, Indigenous Bar Association and Indigenous Police Associations, Public Prosecutions Canada, modern treaty partners, provinces and territories, and any other organizations as appropriate on how to address the issue of law enforcement, prosecution, and Charter compliance in Indigenous communities within one year and report to the committee with a plan for enforcement on First Nations reserves within two years.

Recommendation 3

That the Government of Canada work alongside the provinces and territories, Indigenous Bar Association and other stakeholders to outline a step-by-step process for bands to follow when drafting band by-laws and Indigenous laws to be enforced by police services and properly prosecuted by the appropriate prosecution service. Contact information for the appropriate government point‑of-contact at each step of the process should be included, and the Government of Canada should report back in one year.

Recommendation 4

That the Government of Canada recommend that the Royal Canadian Mounted Police conduct a thorough review of their hiring process and practices to recognize and address any systemic barriers which have had a negative impact on the hiring or selection of Indigenous officers. This review would also include recognizing and addressing any systemic barriers which have led to a greater number of Indigenous officers choosing to leave the force.

Recommendation 5

That the Government of Canada recommend that the Royal Canadian Mounted Police (RCMP) address the lack of Indigenous representation in the RCMP by prioritizing the selection of Indigenous language speakers as part of their selection criteria, to help address the loss of Indigenous RCMP officers within Indigenous communities.

Recommendation 6

That the Government of Canada, in collaboration with provinces and territories, work with local Indigenous police representatives to create continued collaboration and recommendations on best practices within Indigenous policing.

Recommendation 7

That the Government of Canada provide funding for capacity building for equitable delivery of criminal justice services to Indigenous communities and increase funding for Indigenous policing, restorative justice and community safety programs.

Recommendation 8

That the Government of Canada expand Indigenous-led restorative justice programming and explore First Nations-led public prosecution services, courts and tribunals.

Recommendation 9

That the Government of Canada recommend that the Royal Canadian Mounted Police increase cultural sensitivity training, restorative justice principles training, and language training for police officers working with Indigenous communities, and work with the provinces and territories to assist with improving their training for their police services.

Recommendation 10

That the Government of Canada engage with First Nations communities to establish a First Nations Centre of Excellence for Knowledge-sharing on Enforcement and Justice Issues. The Centre of Excellence should have long-term, sustainable and predictable funding.