By: Thalia Anthony

This paper addresses the trends in sentencing by higher courts of Indigenous protesters against ‘white’ racist violence. It contrasts earlier sentencing decisions affecting resisters on the Yarrabah Reserve in 1981 and towards the 1987 death in custody of Lloyd Boney at Brewarrina (NSW), with later sentencing of protesters after Mulrunji’s death in custody on Palm Island in 2004. It argues that Indigenous resisters are increasingly characterised by sentencing judges as out-of-control rather than capable of legitimate political engagement. This dovetails a denunciation of the Indigenous community in media moral panics that demands more punitive restraint.

Criminology and Law Enforcement; 12/2009

By Hannah Cortés-Kaplan and Laura Dunbar

This research study sought to examine the unique implementation issues for crime prevention programs aiming to serve Indigenous populations. This was completed through the analysis of implementation data from 49 crime prevention projects with completed evaluations, funded under the National Crime Prevention Strategy. The purpose was to examine the information that currently exists related to the implementation process, to provide an in-depth understanding of the associated challenges and strategies, and to identify possible recommendations for moving forward. An exploratory research design was employed, whereby data obtained from evaluation reports and related documents, were analyzed using Microsoft® Excel and QSR International NVivo 10. Results demonstrated that projects experienced implementation challenges in the following areas: program accessibility; funding requirements; management and administrative issues; and time management and planning deficiencies. Although few strategies were identified overall, adding a cultural element or making cultural adaptations were acknowledged as important components in addressing challenges. Findings from this research study identified the importance of program readiness and planning, resource limitations, culturally relevant adaptations, and formative evaluation in the implementation process. Knowledge of the latter may in turn help to assist crime prevention practitioners and policy makers in their understanding of implementation issues and strategies for improving projects aimed at serving Indigenous populations moving forward. 

Research Report: 2021–R001  Ottawa: Public Safety Canada. 2021. 33p.

By Public Safety Canada

This report presents the results of the evaluation of the First Nations and Inuit Policing Program (FNIPP).

What we examined

The purpose of the evaluation was to assess the continuing need (relevance), achievement of outcomes (effectiveness) and efficiency of program administration of the FNIPP. The evaluation covered the period from fiscal year 2015-16 to 2020-21 and was conducted in accordance with the Treasury Board Policy on Results and Directive on Results.

What we found

Positive perceptions of safety were found in communities with FNIPP-funded police services. Survey data shows 87% of respondents from communities with SA agreements and 77% of respondents from communities with CTA agreements felt very safe or reasonably safe.

Crime rates for First Nations and Inuit communities continue to be higher than in other Canadian communities, and there is an overrepresentation of Indigenous peoples in the criminal justice system as both victims and offenders. Moreover, prior to increased program funding announced in Budget 2021, the FNIPP’s allocated budget and existing authorities did not support program expansion and one-third of eligible communities do not have access to FNIPP-funded policing services. As such, there is a continuing need to strengthen and expand Public Safety Canada (PS) support of policing arrangements provided through the FNIPP.

The finite amount of the Program’s allocated budget has led to underfunding of FNIPP-funded policing agreements. As a result, the scope and nature of policing services that are available to participating communities are limited and face ongoing operational challenges that hamper the working conditions of FNIPP-funded officers and can impact their physical and mental wellbeing. This can have long-reaching effects on the public safety of communities with FNIPP-funded policing services. Other aspects of the contribution agreement funding model, including the time-limited nature of agreements, expense eligibility and the FNIPP’s fiscal framework, by which funding allocations are determined, were found to exacerbate these issues as well.

Limited program resources were also found to impact the implementation of culturally appropriate and responsive policing services in communities with FNIPP policing agreements. Two key areas requiring increased PS support were identified for improvement, these are: the formal mechanisms to facilitate community-police engagement which are required under FNIPP contribution agreements (i.e. CCGs and police boards/commissions); and encouraging the development, implementation and sharing of best practices for localized, community-specific cultural training activities for police service providers.

The Federal Government has recognized there are gaps in the current funding model and has mandated the Minister of Public Safety to co-develop, with the Minister of Indigenous Services, a legislative framework that recognizes First Nations policing as an essential service and for PS to expand and stabilize the FNIPP. Accordingly, funding to support these activities was identified in Budget 2021 and work is underway to meet these commitments.

Efforts to improve engagement, transparency and flexibility in governance and administrative processes were noted over the past five years. These included a stakeholder engagement process to inform agreement renewals; a collaborative process, co-developed with PT funding partners to allocate additional officer positions; and updated Terms and Conditions increasing the maximum amount payable to SA police services to alleviate operational pressures resulting from emergency situations, such as response measures related to the COVID-19 pandemic.

Some concerns were raised with respect to PS’s management of key stakeholder relationships. These included timely agreement renewal negotiations with funding partners. PS was also found to not sufficiently engage in renewal negotiations with funding recipients and communities have limited input and access to FNIPP governance structures. As well, PS continues to experience ongoing challenges with inconsistent collection and monitoring of performance data.

Recommendations

While work is underway to co-develop a legislative framework for First Nation policing, the evaluation findings also support the need for First Nations policing to be recognized as an essential service. In support of this work, Public Safety should:

1. Examine options for other funding mechanisms beyond the contribution agreement model, in consultation with all implicated stakeholders.

2. Ensure that formal mechanisms to facilitate community-police engagement (i.e. Community Consultative Groups and police boards/commissions), which are required under FNIPP contribution agreements, have the appropriate support to identify community safety priorities and facilitate effective engagement between communities and their police services.

3. Develop, implement and monitor a consistent performance measurement and data collection strategy, that does not unnecessarily burden recipient communities and provides relevant and timely information to communities/police services, and decision makers.

4. Explore, with partners and communities, opportunities to support and encourage the sharing of best practices in localized cultural training activities for FNIPP-funded police services.

© Her Majesty the Queen in Right of Canada, as represented by the Minister of Public Safety and Emergency Preparedness, 2022. 42p.

Edited by Mahesh K. Nalla and Graeme R. Newman

Indigenous communities are typically those that challenge the laws of the nation states of which they have become—often very reluctantly—a part. Around the world, community policing has emerged in many of these regions as a product of their physical environments and cultures. Through a series of case studies, Community Policing in Indigenous Communities explores how these often deeply divided societies operate under the community policing paradigm. Drawing on the local expertise of policing practitioners and researchers across the globe, the book explores several themes with regard to each region:

How community policing originated or evolved in the community and how it has changed over time The type of policing style used—whether informal or formal and uniformed or non-uniformed, whether partnerships are developed with local community organizations or businesses, and the extent of covert operations, if any The role played by community policing in the region, including the relative emphasis of calls for service, the extent to which advice and help is offered to citizens, whether local records are kept of citizen movement and locations, and investigation and arrest procedures.

• More.....

  The community’s special cultural or indigenous attributes that set it apart from other models of community policing Organizational attributes, including status in the "hierarchy of control" within the regional or national organization of policing The positive and negative features of community policing as it is practiced in the community Its effectiveness in reducing and or preventing crime and disorder. The book demonstrates that community policing cannot be imposed from above without grassroots input from local citizens. It is a strategy—not simply for policing with consent—but for policing in contexts where there is often little, if any, consent. It is an aspirational practice aimed to help police and communities within contested contexts to recognize that positive gains can be made, enabling communities to live in relative safety.

Boca Raton, FL: London; New York: CRC Press, 2013. 396p.