Royal Canadian Mounted Police Act

Honourable senators, I rise to speak to Bill S-223, An Act to amend the Royal Canadian Mounted Police Act.

I want to recognize Senator McCallum and her leadership in drafting this bill and in working with many First Nations from across this country. I support this bill, which makes amendments to the parent act designed to do the following:

. . . provide that the duties of members who are peace officers include the prevention of offences against First Nation laws and the execution of warrants that may, under First Nation laws, be lawfully executed and performed by peace officers.

This new act provides the clarity that is needed for the RCMP to enforce First Nation by-laws that are often not being enforced to the detriment of communities across this country.

It must be said that First Nations governments have an inherent right to govern themselves, and that right has never been extinguished. Indigenous laws are rooted in our ways of knowing, our history and our culture. We know what is best for our people. Section 35 of the Constitution Act recognizes rights that are inherent and affirmed, and section 8.3 of the Interpretation Act, as amended in 2024, states that:

Every enactment is to be construed as upholding the Aboriginal and treaty rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982, and not as abrogating or derogating from them.

Dr. Naiomi Metallic, in her paper entitled “Indian Act By‑Laws: A Viable Means for First Nations to (Re)Assert Control Over Local Matters Now and Not Later,” explains that former Indigenous member of Parliament Rob Clarke’s 2014 amendment to the Indian Act removed provisions related to ministerial disallowance.

She explains the significance of these amendments:

. . . despite the fact that INAC previously took a restrictive interpretation of these powers, modern interpretation and constitutional principles now support a broad, generous and adaptive reading of the Indian Act by-laws, empowering First Nation governments to legislate over a wide range of local matters affecting their communities. The by-law powers also make First Nation by-laws paramount over provincial laws and federal laws in a number of cases.

Yet, there is a disparity between the legal force and effect bylaws should have and how they are being respected. I support studying this bill in committee because we need to hear about the effect that non-enforcement has in First Nations communities. There is also a need for more people to know what is happening on the ground in the governance of First Nations communities.

On April 27, 2024, in the community of the Oromocto First Nation in New Brunswick, also known as Welamukotuk, 54‑year-old Sheri Lynn Sabattis, sister to Chief Shelley Sabattis, was murdered. The perpetrator was a 38-year-old man from nearby Burton, New Brunswick, who had previously been banished from the reserve by the band council. However, the RCMP and government entities did not enforce these band council bylaws, citing jurisdictional and complex legal voids.

Notably, the lack of prosecutions has served as an additional deterrent to enforcement, but I will tackle that in my next speech.

Colleagues, pockets of progress do exist across the country. In Saskatchewan, Bill 126, The Summary Offences Procedure Amendment Act, 2022, created a legal framework that allowed First Nations to enforce their laws and bylaws on reserves. The bill enabled them to use tickets, fines and other court-administered measures.

Bronwyn Eyre, the previous Justice Minister and Attorney General of Saskatchewan, stated:

Saskatchewan is a national leader in this area, which will allow First Nations more control over how they address offences and manage fine revenue . . . .

This is a practical change that will make First Nations bylaw enforcement more efficient, less expensive, and less time‑consuming.

Previously, First Nations had to go through long and difficult enforcement processes, such as those of the Criminal Code, in order to ensure the enforcement, prosecution and adjudication of their laws and bylaws. This legislation allows for this to happen, just like it does for all other provincial laws.

In Manitoba, Bill 43, the Provincial Offences Amendment Act of 2023, has introduced changes that enable First Nations to prosecute infractions of their own laws and bylaws through the provincial ticketing and fine collection system. On May 23, 2023, a CBC News article stated that this issue was initially raised as:

. . . local police forces being unwilling to enforce First Nations laws and bylaws, including bans on drugs and alcohol.

Since its adoption, any First Nation in Manitoba is free to opt in, as these alterations streamline law enforcement and alleviate the burden on the provincial court system. This demonstrates the importance of consultation in raising issues happening on reserves and how laws can be enforced to hold First Nation community members and individuals, such as RCMP officers, accountable.

Recently, New Brunswick has proposed Bill 50, an amendment to the Provincial Offences Procedure Act. If First Nations choose to use these bylaws, they can do so. These bylaws are developed by communities themselves, ensuring that local priorities and public safety are dealt with in an accountable and transparent manner. Furthermore, all fines collected for bylaw violations are returned to the First Nations communities.

Justice Minister and Attorney General of New Brunswick Robert McKee stated:

This legislation reflects our commitment to rebuilding a government-to-government relationship, while affirming our respect for Indigenous self-governance . . . .

This legislation provides flexibility by proceeding to the courts for serious bylaw infractions. If this legislation is enacted, there will be a transition period for education and implementation. These provisions and educational phases show the provinces’ willingness to collaborate closely with Indigenous communities to ensure community safety while respecting the communities’ values.

These three provinces serve as examples of the importance of consulting with Indigenous communities regarding their values, desire for public safety and the need to streamline legal proceedings.

I see Bill S-223 as a way of aligning the rest of the country with these trailblazing jurisdictions.

Thank you. Wela’lioq.