Report of the Standing Committee on Indigenous and Northern Affairs, Collaborative Approaches to Enforcement of Laws in Indigenous Communities
Press Release
The ability of First Nations to enforce their laws and by-laws1 on their lands is key to self-determination and self-government. However, many communities face barriers in having their laws and by-laws enforced. To explore this issue, the House of Commons Standing Committee on Indigenous and Northern Affairs (the committee) adopted the following motion on 29 April 2021:
That, pursuant to Standing Order 108(2), the committee undertake a study on enforcement on First Nations reserves as an essential component to their self government and self-determination, with regard to: (a) jurisdiction, enforcement and prosecution; (b) targeted funding for enforcement; (c) the First Nations Land Management Act; (d) First Nations debt certificate processing; (e) the prosecution of First Nations violation tickets; (f) enforcement agreements with policing agents; (g) enforcement capacity development; that the study consist of witness testimony from First Nations, stakeholder groups and departmental officials; and that the committee report its findings to the House.2
The committee held five meetings on this study, hearing from First Nations leaders, law enforcement, legal experts and relevant federal departments. The committee also received briefs that contributed to its understanding of the issue. The committee is grateful to all those who took the time to share their experiences in the hopes of moving this issue forward.
- Indigenous Services Canada explains by-laws as follows:
A First Nation or band by-law is a local law that is passed by a First Nation council, similar to a municipality, to regulate affairs within its community. A by-law governs the activity in question on all reserve lands under the control of the band council that passed the by-law. The by-law applies to everyone present on the reserve, regardless of whether they are a band member or whether they actually live on the reserve. (Changes to By-laws)
- House of Commons, Standing Committee on Indigenous and Northern Affairs, Minutes of Proceedings, 29 April 2021.
This report first provides an overview of First Nations law-making authority. Next, it explains the roles of federal departments and First Nations policing as well as the role of provinces and territories. It then highlights ways in which First Nations are addressing justice and enforcement issues on their lands, including through restorative justice, and describes some of the positive relationships that have been cultivated between law enforcement and First Nations communities. Next, it describes the challenges First Nations face in having their laws and by-laws enforced.
The committee acknowledges that this is a complex issue, and that identifying the barriers to enforcing First Nations laws and by-laws is challenging. What is clear, however, is that addressing it requires significant collaboration between First Nations, federal departments and agencies, and provinces/territories. There is no “off-the-shelf” solution, and any response must be distinctions-based and recognize the need for individual communities to craft their own solutions, as desired, in order to respect their inherent rights.
The committee was pleased to hear that discussions between some partners are already underway and encourages those discussions to continue. However, the experiences shared by witnesses about how enforcement issues are affecting their People requires the Government of Canada to act now.
With that in mind, given the urgent need to address the lack of enforcement of First Nations laws and by-laws, the recommendations presented in this report are aimed at moving this issue forward in the short-term, recognizing that in many cases, longer-term solutions are required.
The committee acknowledges that it is tabling this report at a time of tremendous pain for Indigenous communities. The discovery of the remains of 215 children at the site of the former Kamloops Residential School is a stark reminder of the legacy of residential schools, and the resulting intergenerational trauma felt by former students and their families. Many Canadians are also grieving this harsh reality. This committee commits to monitoring progress on the relevant Calls to Action of the final report of the Truth and Reconciliation Commission of Canada.
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