pbiusa nonviolent.action 11:42 AM Jan 26, 1996 (at igc.apc.org) From: "PBI USA" Subject: Policing on Native Reserves/NAP Report 1/96 PEACE BRIGADES INTERNATIONAL: NORTH AMERICA PROJECT 1/96 CONTENTS: * Justice and First Nations: Policing on Native Reserves * PBI-NAP Update Justice and First Nations: Policing on Native Reserves The encounter between Europeans and native peoples has often been called a clash of two cultures. The way that the justice system works on Native reserves is one example of this clash. A 1990 Task Force of the Federal Department of Indian and Northern Affairs (DIAND) reported that on-reserve crime rates were approximately four times the national average; on-reserve violent crime rates were six times the national average. This article looks at increased native control over on-reserve policing as one part of a solution to these problems. Miskeegogamang is an isolated Ojibway (Chippewa) reserve in northern Ontario. The media have often used Miskeegogamang as an example to point out the social problems facing natives: high levels of poverty, alcoholism, unemployment and crime. Tom is a former economic development officer for his reserve. He has asked that his last name be withheld - many times in the past, he says, he has been misquoted or misunderstood by journalists. He is also tired of talking about the problems - he wants solutions, one of which is to restructure police services. "Nothing will ever change until native people on reserves get their own peacekeepers, someone they can identify with, not these southern, middle-class cops. When you're living below the poverty line, coming from another culture and language, it's almost impossible to establish some kind of connection... Having our own peacekeepers will save money, prevent misunderstandings and stop people from getting hurt," says Tom. As the northernmost outpost of Ontario, the Pickle Lake area north of Kenora was known as a "punishment posting" for young constables who were insubordinate to superiors in the south. Other officers chose to go north to avoid the chaos of life in the cities. Few stayed longer than a few years. "A lot of OPP [Ontario Provincial Police] officers brought their negative attitudes and bigotry with them. Some aren't shy about showing their prejudices in our community," says Tom. Paul Trivett, an OPP officer in the First Nations Policing Section agrees. "The OPP haven't put in the best people in the north _ young officers tend to be put there or choose to go there to escape the workload. They are the wrong people, there for the wrong reasons. They don't care about the community's well-being, they only want to distance themselves from the problem," says Trivett. Incidents of police brutality in Tom's community are high. There have been numerous complaints against some officers on charges of harassment and use of excessive force. Because police don't live on the reserve, they have little insight into the daily life of the community. Thirty years ago the RCMP [Royal Canadian Mounted Police] had jurisdiction over all reserves and almost all communities were policed by non-native officers. In 1972, the RCMP withdrew and power was transferred to the OPP. Under the new system, band constables were given little power - they could carry a gun, wear a uniform but had to work directly under the OPP. By 1985, there was an amendment to the police act which recognized native constables as police officers, with the same responsibilities as any municipal constable. In April, 1992, the (Provincial) Solicitor General's office took control of all native policing matters, both on and off the reserve. The Aboriginal Policing Directorate was created to help communities establish local police services. Differences in wealth and wellness between northern and southern communities are immense. Paul Trivett, who oversees community initiatives, training and staffing for the OPP, is well aware of these differences. "In the north, it is so isolated, police only come when the shit hits the fan, they are always reacting to the problem. They fly in, kick the hell out of the problem, and leave. This way is never going to help the situation. In southern Ontario, the communities are fairly healthy and there is a much better relationship with the police, but in the north it is very difficult to find resource people," Trivett says. "As you go further north, communities aren't as developed, they have less resources and less money." Solutions are difficult for the north; what works well in one community may not serve as a model for all reserves. Trivett says many people look elsewhere to see what services are working, and then try to force people into that same program. "What's going to determine success is when native people solve their own problems, when they start saying there is a better way to do business by integrating their culture to empower the whole community." Each reserve has unique problems and unique strengths; each will have to find unique ways of solving the problems. In Canadian law, jails exist to deter, confine, punish and rehabilitate the criminal. In traditional native practice, rehabilitation and punishment usually took place through banishment or isolation. This is a vital difference between police and the Native Peacekeepers that perform policing in many native communities. Peacekeepers generally keep the peace by requiring more community services rather than using jailing or fines. Many people can't afford fines, and end up going to jail for minor incidents. In such cases, jail often makes the problem worse. A traditional native approach to solving problems would be to consult with elders. Minor misdemeanors would be resolved through community circles, where all parties involved would sit down together to discuss the problems and remedies to the situation. "The word 'police' carries some very bad connotations, because of past experiences," says Tom, "We are looking for a term the community will feel more comfortable with, that is why we use the term 'peacekeeper'." Bill Brant, ex-chief of police for Akwesasne, says that there are strong human resources available in the south, but not so many in the north. He says there is a need for more experienced native police. Those who are trained now are inexperienced, so many communities still prefer to hire more experienced, non-native police. The tendency, especially in remote communities, is for non-natives to leave very quickly and the turnover rate is extremely high. Brant understands why non-natives don't stay around very long - they are isolated, far from home, and outsiders in a community with a different cultural and linguistic base than their own. A system of native-run policing may still be a distant dream in Tom's community, but elsewhere it is already a reality. The Akwesasne reserve has had independent native policing for the past 23-24 years, and the current force has about 23 Mohawk constables. Straddling the borders of Quebec, Ontario and New York, Akwesasne may well be the most confusing territory in the country to police. Police must have a sound knowledge of Mohawk law, as well as provincial, state and federal law. They must also work closely with the RCMP, provincial and US police forces. "Akwesasne is a very unique situation," says Al Bennett, a Cornwall RCMP officer who acts as liaison Akwesasne. "The setup creates difficulties for everyone. You are always crossing border lines." Nevertheless, Bennett says police services have improved since the community assumed control. The RCMP maintains an ongoing presence on the reserve to assist in matters such as drug smuggling across the border, but the on-reserve police have the power to deal with virtually all criminal activity. As self-government becomes a reality on reserves, each will be trying to find unique ways of governing their community. There are no magic formulas, no national models for how this will be achieved. Communities will have to form their own solutions, according to their own culture, needs and problems. "The ability of having one's own police force comes with the ability of communities to handle the concept of self government. Each community is different. Some communities can't handle that yet, couldn't assume control over all services. This control is geared towards the ability of communities to undertake their own governmental administration," says Brant. In the meantime, Tom rests his hopes on an autonomous police force for Miskeegogamang, one where constables have a good relationship and understanding of the community. _ Tavia Grant PBI-NAP Updates As of mid-December, the situation at Ipperwash remains unresolved [See October 1995 bulletin]. The Special Investigations Unit looking into the shooting of Dudley Moore will continue their work into the New Year, well past the 90 days such investigations are supposed to last. The autopsy report has not been released. The federal minister of Indian Affairs and Northern Development, Ronald Irwin, has said he will only negotiate with the Kettle Point Band Council about the return of the land. In Davis Inlet, the community's five peacekeepers have been granted Supernumerary status within the RCMP, as part of the policing agreement achieved in mid-1995. The official swearing-in ceremony is to take place Jan 10. Meanwhile cabinet deliberations about the move of the community to Sango Bay were still continuing as of late December. A PBI-NAP report entitled "Justice and Healing in Sheshatshit and Davis Inlet" is available for $5 from the PBI-NAP office. This report, an overview of the effect of the justice system on the Innu and the alternatives being tried, is the result of the work of Anne Harrison and Muriel Meric in Labrador from April to June of 1995. To order, please contact: PBI North America Project 27 Third Ave. Ottawa, Ontario K1S 2J5 CANADA Phone: (613) 230-4123 Fax: (613) 231-4690 ***************************************************************** Founded in 1981, Peace Brigades International is a unique NGO exploring nonpartisan approaches to peacemaking and support for basic human rights. Recognized by the UN, PBI has a successful record in a challenging variety of conflicts. Currently, PBI supports teams of international volunteers accompanying activists threatened with political violence in Guatemala, Colombia, Haiti, Sri Lanka, and several Native communities in North America. **** PBI/USA 2642 College Ave., Berkeley, CA 94704 USA **** Tel: 510-540-0749 Fax: 510-849-1247 Email: pbiusa@igc.apc.org http://www.igc.apc.org/pbi/index.html *** Peace Brigades International (USA) *** 2642 College Ave. Berekely CA 94704 USA TEL: 510-540-0749 FAX: 510-849-1247 Email: pbiusa@igc.apc.org http://www.igc.apc.org/pbi/index.html