Nishnawbe Aski Police Service Becomes First Legislated Indigenous Police Service in Ontario

QUEEN’S PARK, ON: Leadership from across Nishnawbe Aski Nation (NAN) joined with representatives of the Government of Ontario for a historic announcement as the Nishnawbe Aski Police Service (NAPS) has become the first legislated Indigenous police force in Ontario.

“We have worked for years to have our own police service mandated as an essential service, with sustainable and equitable resources that support the safety of our members and communities. The dedication of our officers to overcoming obstacles is inspiring. But the tragic losses our communities endure are painful reminders that it takes a tragedy to create the change that First Nations need,” said Grand Chief Alvin Fiddler. “Our leaders had a vision to have our communities policed by our own service, and they have worked for years to reach this milestone. We are proud to take this historic step with our provincial Treaty partner. Miigwetch to everyone involved for their hard work and dedication.”

Today’s event marked the historic ‘opt-in’ of the Nishnawbe Aski Police Service Board (NAPSB) to the Community Safety and Policing Act, 2019. Following five years of collaboration between the working group, Solicitor General Michael Kerzner has approved the constitution of the NAPSB in accordance with the CSPA and entered into a funding agreement to support the Board.

“This landmark agreement is the first of its kind in Ontario. We could not have done it without the unwavering support of our Chiefs, past Board chairs, and Board members,” said NAPS Board Chair Frank McKay. “Our people deserve the same levels of safety and security as anywhere else in the province, and our dedicated officers deserve the appropriate supports so they can do their important work safely and effectively. This landmark agreement will allow us to provide essential services to our communities in a culturally appropriate way that respects our people, our laws, and our ways of life.”

NAPS is currently funded by way of tri-partite agreements with the governments of Ontario and Canada through the First Nations and Inuit Policing Program, using unfair Terms and Conditions to restrict the level of policing that NAPS offers communities.

Now that Ontario has stepped up, NAN is looking to its federal Treaty partner to fulfil its roles and responsibilities. Canada must do its part and demonstrate a renewed commitment to the safety of First Nations people. As the Supreme Court recently recognized, every tripartite agreement has three parties. Sadly, Canada is missing in action as a true third Treaty partner on safety.

Under the status quo, First Nations communities are not entitled to the same policing standards as non-Indigenous communities. A First Nations constable is not a “police officer.” After “opt-in” under the CSPA, a police officer is a police officer, a police chief is a police chief, the same as anywhere in Ontario and Canada.

Now that NAPS is “constituted,” the service will benefit from the same standards as municipal police services in Ontario and receive the proper funding that is required to meet those standards, while maintaining adequate, effective, and culturally responsive policing to the communities they serve.

Background

For decades, inquests have recommended that First Nations should have the same legislated policing standards as non-First Nations:

• Wesley-Goodwin Inquest (2009): “Canada and Ontario should work with First Nations to ensure policing standards are equivalent to non-First Nations communities”.
• Lena Anderson Inquest (2016): “Ontario and Canada should ensure that policing standards and service levels in First Nations communities are identical to those in non-First Nations.”
• Romeo Wesley Inquest (2017): “Ontario should take all reasonable steps to ensure that legislation is tabled and implemented to permit NAPS to be designated as a police force under the Police Services Act.”

In 2015, leaders from NAN and NAPS started meeting with Ontario at an ‘Adequacy Standards Table’, which focused on drafting new policing legislation with provisions that would allow First Nations to ‘opt in’ to legislatively backed policing standards.

The developed draft legislation was withdrawn by the newly elected Conservative government, but eventually reborn as the CSPA, which directly reflects the input of NAN leadership.

NAN leaders formed an ‘Opt-in Working Group’ with Ontario in 2020 to prepare NAPS to be constituted as a legislatively backed police service.

A detailed budget proposal reflecting funding increases required to address increased officer/civilian recruitment and modernization of equipment was presented to Ontario in November 2023. As of February 2024, the budget has been initially approved, subject to final approval by the Treasury Board.

The CSPA came into force on April 1, 2024. Under the CSPA, NAN First Nation communities had the opportunity to “opt in” to legislated policing standards, guaranteeing a level of policing backed by the rule of law and a guaranteed funding formula.

The CSPA is a ‘provincial policing rulebook’ which sets standards for a level of quality policing that, until now, Indigenous communities have not been able to benefit from. Section 32 of the CSPA states that First Nations “may request that the Solicitor General constitute a First Nation board to provide adequate and effective policing in a First Nation reserve or any other specified area.”

NAPS is the largest First Nation police service in Canada and the second largest First Nation police service in North America. NAPS employs approximately 230 uniformed officers and 40 civilians. NAPS polices 34 communities across NAN territory, encompassing nearly two thirds of the Province of Ontario.

For more information please contact:
Michael Heintzman,
Director of Communications
Cell: (807) 621-2790
mheintzman@nan.ca