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Metis communities


All governments

Justice

Recommendation 37: We call upon all governments to immediately and dramatically transform Indigenous policing from its current state as a mere delegation to an exercise in self-governance and self-determination over policing. To do this, the federal government’s First Nations Policing Program must be replaced with a new legislative and funding framework, consistent with international and domestic policing best practices and standards, that must be developed by the federal, provincial, and territorial governments in partnership with Indigenous Peoples. This legislative and funding framework must, at a minimum, meet the following considerations:

  1. Indigenous police services must be funded to a level that is equitable with all other non-Indigenous police services in this country. Substantive equality requires that more resources or funding be provided to close the gap in existing resources, and that required staffing, training, and equipment are in place to ensure that Indigenous police services are culturally appropriate and effective police services.
  2. There must be civilian oversight bodies with jurisdiction to audit Indigenous police services and to investigate claims of police misconduct, including incidents of rape and other sexual assaults, within those services. These oversight bodies must report publicly at least annually.



All governments

Justice

Recommendation 38: We call upon all governments to fund the provision of policing services within Indigenous communities in northern and remote areas in a manner that ensures that those services meet the safety and justice needs of the communities and that the quality of policing services is equitable to that provided to non-Indigenous Canadians. This must include but is not limited to the following measures:

  1. With the growing reliance on information management systems, particularly in the area of major and interjurisdictional criminal investigations, remote communities must be ensured access to reliable high-speed Internet as a right;
  2. Major crime units and major case management must be more accessible to remote and northern communities on a faster basis than the service is being delivered now;
  3. Capacity must be developed in investigative tools and techniques for the investigation of sexualized violence, including but not limited to tools for the collection of physical evidence, such as sexual assault kits, and specialized and trauma-informed questioning techniques; and
  4. Crime-prevention funding and programming must reflect community needs.



All governments

Justice

Recommendation 39: We call upon provincial and territorial governments to develop an enhanced, holistic, comprehensive approach for the provision of support to Indigenous victims of crime and families and friends of Indigenous murdered or missing persons. This includes but is not limited to the following measures:

  1. Guaranteed access to financial support and meaningful and appropriate trauma care must be provided for victims of crime and traumatic incidents, regardless of whether they report directly to the police, if the perpetrator is charged, or if there is a conviction.
  2. Adequate and reliable culturally relevant and accessible victim services must be provided to family members and survivors of crime, and funding must be provided to Indigenous and community-led organizations that deliver victim services and healing supports.
  3. Legislated paid leave and disability benefits must be provided for victims of crime or traumatic events.
  4. Guaranteed access to independent legal services must be provided throughout court processes. As soon as an Indigenous woman, girl, or 2SLGBTQQIA person decides to report an offence, before speaking to the police, they must have guaranteed access to legal counsel at no cost.
  5. Victim services must be independent from prosecution services and police services.



All governments

Justice

Recommendation 40: We call upon federal and provincial governments to establish robust and well-funded Indigenous civilian police oversight bodies (or branches within established reputable civilian oversight bodies within a jurisdiction) in all jurisdictions, which must include representation of Indigenous women, girls, and 2SLGBTQQIA people, inclusive of diverse Indigenous cultural backgrounds, with the power to:

  1. Observe and oversee investigations in relation to police negligence or misconduct, including but not limited to rape and other sexual offences;
  2. Observe and oversee investigations of cases involving Indigenous Peoples; and
  3. Publicly report on police progress in addressing findings and recommendations at least annually.



All governments

Justice

Recommendation 43: We call upon all governments to recruit and retain more Indigenous justices of the peace, and to expand their jurisdictions to match that of the Nunavut Justice of the Peace.


All governments

Justice

Recommendation 44: We call upon all governments to increase accessibility to meaningful and culturally appropriate justice practices by expanding restorative justice programs and Indigenous Peoples’ courts.


All governments

Justice

Recommendation 46: We call upon all provincial and territorial governments to expand and adequately resource legal aid programs in order to ensure that Indigenous women, girls, and 2SLGBTQQIA people have access to justice and meaningful participation in the justice system. Indigenous women, girls, and 2SLGBTQQIA people must have guaranteed access to legal services in order to defend and assert their human rights and Indigenous rights.


All governments

Justice

Recommendation 47: We call upon federal, provincial and territorial governments to thoroughly evaluate the impact of mandatory minimum sentences as it relates to the sentencing and over-incarceration of Indigenous women, girls, and 2SLGBTQQIA people and to take appropriate action to address their over-incarceration.


All governments

Justice

Recommendation 49: We call upon federal, provincial, and territorial governments to provide community-based and Indigenous-specific options for sentencing.


All governments

Justice

Recommendation 50: We call upon federal, provincial, and territorial governments to thoroughly evaluate the impacts of Gladue principles and section 718.2(e) of the Criminal Code on sentencing equity as it relates to violence against Indigenous women, girls, and 2SLGBTQQIA people.


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