Report 3—First Nations and Inuit Policing Program

2024 Reports 2 to 4 of the Auditor General of Canada to the Parliament of CanadaReport 3—First Nations and Inuit Policing Program

Illustration with a quote concerning the report

Independent Auditor’s Report

Introduction

Background

3.1 Supporting the safety needs of Indigenous communities is a complex endeavour. Policing services provided to these communities need to consider the diversity of Indigenous peoples and communities. According to Indigenous Services Canada and Crown‑Indigenous Relations and Northern Affairs Canada, in 2021, there were approximately 680 First Nations and Inuit communities in Canada. These communities vary in size, remoteness, and density of population and have their own unique histories, languages, cultural practices, and spiritual beliefs. Policing services offered to these communities must also recognize the legacy of colonial oppression, residential schools, the Sixties Scoop, and the systemic racism and intergenerational trauma that can affect Indigenous peoples’ trust in policing services, such as those offered by the Royal Canadian Mounted Police (RCMP).

3.2 The federal government’s role in policing services in First Nations and Inuit communities is grounded in the Constitution Act, 1867. The provincial and territorial governments have jurisdiction over the administration of justice, which includes policing; however, the federal government has jurisdiction in respect of Indigenous peoples and the land of the reserves they live on. To support responsive policing, the federal, provincial, and territorial governments need to work collaboratively with Indigenous communities.

3.3 In 1990, given Indigenous communities’ and government concerns about the adequacy of policing services and the ability of existing services to deal with the unique needs of Indigenous communities, a federal task force examined on‑reserve policing. It revealed that First Nations communities did not have access to a level and quality of policing services, such as response times, equal to non‑Indigenous communities in similar locations. As a result, in 1991, the federal government introduced the First Nations Policing Policy and created the First Nations and Inuit Policing Program, originally called the First Nations Policing Program, to implement the policy. In 1996, the policy was updated with the purpose to “contribute to the improvement of social order, public security, and personal safety in First Nations communities, including that of women, children, and other vulnerable groups.” This included providing First Nations and Inuit communities with access to policing services that were professional, effective, and responsive to the needs of communities.

3.4 The First Nations and Inuit Policing Program is a contributionDefinition 1 program for the funding and negotiation of policing agreements among the federal government, provincial and territorial governments, and First Nations and Inuit communities. The costs of the policing agreements are shared between the federal government (52%) and the relevant province or territory (48%).

3.5 The program has 2 main types of agreements for policing:

To establish community tripartite agreements, Public Safety Canada needs to first enter into a framework agreement with the specific province or territory of jurisdiction. These framework agreements set the terms and conditions under which the governments will support the provision of the program within the province or territory. Once these frameworks are signed, Public Safety Canada can then negotiate community tripartite agreements with provinces or territories and First Nations or Inuit communities. The RCMP is the service provider and not a signatory to the community tripartite agreements.

3.6 The type and number of self‑administered and community tripartite agreements under the program can vary between jurisdictions. For example, Quebec has only self‑administered police service agreements, while British Columbia has mostly community tripartite agreements. See Exhibit 3.1 for a map of how each type of agreement is distributed across Canada by population covered.

Exhibit 3.1—Community tripartite agreements and self‑administered police service agreements in Canada

Map showing the distribution of agreements across Canada and community population sizes

Source: Based on information from Public Safety Canada

Exhibit 3.1—text version

This map shows how community tripartite agreements and self‑administered police service agreements are distributed across Canada. The size of community populations are also shown.

In a self‑administered police service agreement, a First Nations or Inuit police service provides day‑to‑day policing services. In a community tripartite agreement, the Royal Canadian Mounted Police provides dedicated policing services to a First Nations or Inuit community that supplements the police services available through the province or territory.

Community tripartite agreements are mostly found in British Columbia, the Prairie provinces, the Atlantic provinces, and Yukon, while self‑administered police service agreements are mostly found in Ontario and Quebec. British Columbia and the Prairie provinces also show some communities with self‑administered police service agreements.

There are no agreements found in the Northwest Territories and Nunavut.

Most community populations are fewer than 2,000 people. However, some provinces also have larger communities as follows:

  • British Columbia, the Prairie provinces, Ontario, Quebec, New Brunswick, and Nova Scotia also have community populations of between 2,000 and 3,999 people.
  • The Prairie provinces and Quebec also have community populations of between 4,000 and 5,999 people.
  • Alberta and Saskatchewan also have community populations of between 6,000 and 7,999 people.
  • Alberta, Ontario, and Quebec also have community populations of 8,000 or more people.

3.7 The length of self‑administered and community tripartite agreements vary from 1 to 10 years. As part of the establishment of these agreements, the 1996 First Nations Policing Policy states the importance of promoting partnerships with First Nations communities “based on trust, mutual respect and participation in decision making.” According to Public Safety Canada, as of the 2020–21 fiscal year, the program had 36 self‑administered police service agreements, which covered 155 communities, and 140 community tripartite agreements, which covered 230 communities. As policing services are under the jurisdiction of provinces and territories, communities not covered by the program would be reliant on policing services through their municipal, provincial, or territorial governments.

3.8 In our 2014 audit of Public Safety Canada’s First Nations Policing Program, we concluded that the program was not adequately designed to deliver and did not adequately ensure that policing services on First Nations reserves were delivered in a manner consistent with the principles of the program’s policy.

3.9 In addition to our performance audit, there have been reports, calls for justice, human rights complaints, and litigation highlighting concerns and challenges associated with policing services offered to Indigenous peoples and, more specifically, concerns related to the First Nations and Inuit Policing Program. For example, in 2022, the Canadian Human Rights Tribunal found that the implementation of the program by the Government of Canada resulted in systemic discrimination against the Première Nation des Pekuakamiulnuatsh (Pekuakamiulnuatsh First Nation). Also in 2022, the Court of Appeal of Quebec ordered the governments of Canada and Quebec to reimburse the First Nation for funding deficits in its policing services. The tribunal and the court of appeal each noted systemic deficits and underfunding of the program in their decisions. Both decisions are currently under appeal.

3.10 First Nations have voiced the need for a new legislative and funding framework for the program. They have also advocated for legislation that would deem First Nations policing services as essential services like policing services in municipalities, provinces, and territories in Canada. The federal government has committed to work in partnership with Indigenous communities, the provinces, the territories, and other partners. In 2015, it committed to fully implementing recommendations of the Truth and Reconciliation Commission of Canada and to implementing the United Nations’ 2030 Agenda for Sustainable Development. This includes achieving the following United Nations’ Sustainable Development Goals, which are important to policing in First Nations and Inuit communities:

In 2021, the United Nations Declaration on the Rights of Indigenous Peoples Act came into force and the Minister of Public Safety was mandated to co‑develop legislation that recognized First Nations policing services as essential services.

3.11 Public Safety Canada. This department manages and oversees the First Nations and Inuit Policing Program. It is responsible for working with provinces, territories, and First Nations and Inuit communities to negotiate and implement the self‑administered police service agreements and the community tripartite agreements that meet the needs of each community. Public Safety Canada has 5 regional offices across Canada whose responsibilities include supporting the program’s delivery.

3.12 Public Safety Canada’s Indigenous Affairs Branch leads and supports the implementation of Public Safety Canada’s priorities related to Indigenous policing and justice. These priorities included co‑developing federal legislation on First Nations policing services.

3.13 RCMP. The RCMP delivers dedicated policing services to First Nations and Inuit communities that supplement policing services provided by provincial and territorial police agreements. Under the community tripartite agreements, the RCMP is the service provider and is not a signatory to the agreements. In order for the RCMP to carry out its responsibilities under the program, Public Safety Canada transfers the federal portion of the funding to the RCMP. The RCMP has 13 geographical divisions outside its headquarters. Within these divisions, the RCMP operates detachments to support policing operations across Canada.

Focus of the audit

3.14 This audit focused on whether

3.15 This audit examined equitable access to policing services on the basis of how available funds were allocated to current program recipients.

3.16 This audit is important because policing services are intended to protect the safety and security of individuals. Because many existing policing systems in Canada were introduced in Indigenous communities through colonization, ensuring that Indigenous communities receive policing services that recognize and respect their culture, history, and rights is essential. Supporting responsive, effective policing services that meet the needs of Indigenous communities also supports the federal government’s commitment to reconciliation.

3.17 More details about the audit objective, scope, approach, and criteria are in About the Audit at the end of this report.

Findings and Recommendations

Public Safety Canada poorly managed the program

3.18 This finding matters because Indigenous communities are facing complex and significant challenges stemming from colonization, which are compounded by health and socio-economic inequities. Access to appropriate and culturally responsive policing services provided through the First Nations and Inuit Policing Program is integral to promoting the safety and well‑being of Indigenous communities and supporting self‑determination and reconciliation.

3.19 Since our 2014 audit, the program has received increased funding in 2018 and 2021. See Exhibit 3.2 for the funding announced and the intended use of these funds.

Exhibit 3.2—New federal funding announced for the First Nations and Inuit Policing Program in 2018 and 2021

New federal funding announced for the First Nations and Inuit Policing Program in 2018 and 2021
Year New program funding

2018

  • $44.8 million over 4 years to allocate 110 new police officers to existing program recipients
  • $144.4 million over 5 years to existing agreement holders for policing service delivery

2021

  • $540.3 million over 5 years and $126.8 million ongoing to stabilize existing police services and to expand the program to new First Nations and Inuit communities
  • $43.7 million over 5 years to co‑develop legislation to recognize First Nations policing services as essential services

Source: Public Safety Canada website and Budget 2021

3.20 When the program receives new federal funding, Public Safety Canada informs the provinces and territories about the funding available. Under the program’s cost‑sharing structure, the provinces and territories are to provide 48% of funding for new or expanded investments in First Nations and Inuit community policing. Once a province or territory secures its share, Public Safety Canada and the province or territory negotiate new or renewed agreements with the First Nations and Inuit communities.

3.21 The expenditures for the First Nations and Inuit Policing Program totalled approximately $930 million from the 2018–19 to 2022–23 fiscal years. This includes the expenditures of both Public Safety Canada and the RCMP and includes both self‑administered police service agreements and community tripartite agreements. These expenditures exclude Public Safety Canada salaries and other operational costs (Exhibit 3.3).

Exhibit 3.3—Public Safety Canada and the RCMP expenditures for the First Nations and Inuit Policing Program, 2018–19 to 2022–23

Public Safety Canada and RCMP program expenditures (2018–19 to 2022–23)

Source: Based on information from Public Safety Canada and the RCMP

Exhibit 3.2—text version

This bar chart shows Public Safety Canada and Royal Canadian Mounted Police, or RCMP, expenditures for the First Nations and Inuit Policing Program for the 2018–19 to 2022–23 fiscal years. The expenditures are as follows.

Public Safety Canada and the RCMP expenditures for the First Nations and Inuit Policing Program, 2018–19 to 2022–23
Fiscal year RCMP expenditures Public Safety Canada expenditures Total expenditures
2018–19 $49 million $106 million $155 million
2019–20 $51 million $113 million $164 million
2020–21 $54 million $125 million $179 million
2021–22 $58 million $131 million $189 million
2022–23 $63 million $179 million $242 million

Note: Public Safety Canada expenditures do not include the department’s salaries and other operational costs.

Poor financial management oversight

3.22 We found that Public Safety Canada provided poor financial management oversight of the First Nations and Inuit Policing Program funding. The department did not know how much of the additional program funding it had allocated to the specific self‑administered police service agreements and community tripartite agreements, and it did not know what amount of funding remained to be allocated. Public Safety Canada officials told us the department lacked modernized information technology systems to efficiently monitor and track program spending.

3.23 In the 2022–23 fiscal year, Public Safety Canada did not disburse about $17 million of the approximately $196‑million program funds available. While some of the undisbursed funds were approved for use in 2023–24, $9.4 million remained unused by the program.

3.24 Furthermore, in the same fiscal year, Public Safety Canada did not verify whether the funds transferred to the RCMP were being used for program costs or on other policing services. We found that the RCMP did not spend $3.6 million of the program funding provided by Public Safety Canada in 2022–23. According to Public Safety Canada, the department last performed a review in 2018–19 of RCMP expenditures to ensure that funds were used for the program. However, the department could not provide documentation of this review.

3.25 When combining Public Safety Canada’s undisbursed program funds of $9.4 million and the RCMP’s unspent funds of $3.6 million, a total of $13.0 million related to the 2022–23 fiscal year was not spent on the program.

3.26 As of October 2023, Public Safety Canada anticipates that over $45 million in program funds will be left undisbursed at the end of the 2023–24 fiscal year. The failure to disburse funds in a timely manner is significant because of the concerns raised about the underfunding of this program, which is intended to support the well‑being of First Nations and Inuit communities.

3.27 Public Safety Canada officials explained to us that they were not solely responsible for decisions related to the allocation of program funds. They noted that without the funding from the provinces or territories, the department cannot enter into new policing agreements or renew agreements to provide additional funding, which can lead to unused program funds.

Limited expansion of the program despite additional funding

3.28 With the additional funding announced in 2021 (Exhibit 3.2), Public Safety Canada was to stabilize and, starting in the 2022–23 fiscal year, expand the program. The expansion of the program was to include

3.29 We found that Public Safety Canada made limited progress in expanding the program to First Nations and Inuit communities not yet funded by the program, despite their commitments and plans to do so. This included increasing the number of communities under self‑administered police service agreements and expanding the program to the North. Since additional funding was received to expand the program, no communities had been added to an existing self‑administered police service agreement within our audit period. However, one agreement was finalized in September 2023, shortly after our audit period.

3.30 As for the expansion to the North, the department extended the program to Nunavut by signing a framework agreement with the territorial government in 2023. It also increased the funding allocated under its framework agreement with the Northwest Territories. While the framework agreements are an important first step to expansion, in order to receive enhanced policing services by the RCMP under the program, First Nations and Inuit communities need signed community tripartite agreements to be in place. No community tripartite agreements have yet been signed in these 2 territories.

3.31 Public Safety Canada officials told us that they jointly decided with the provinces and territories to focus the additional 2021 funding on stabilizing existing agreements over expanding the program to new communities given gaps between the funding available and the needs of communities already in the program.

3.32 We also found that Public Safety Canada did not know the full demand of the program. The department had no application process for First Nations and Inuit communities that wanted to join the program or for existing program recipients to apply for additional funding. We had a similar finding a decade ago. As part of the current audit, department officials told us that there was no application process because of the limited funding available. Public Safety Canada officials also noted that given provinces and territories have jurisdiction over the administration of justice, which includes policing, the provinces and territories have a key role in determining where additional funds are most needed within their jurisdiction.

Lack of approach to support equitable funding decisions

3.33 We found that Public Safety Canada had not defined what equitable funding meant despite the program’s policy outlining the need for the program to be supported by consistent and equitable funding arrangements. Additionally, the department did not have an approach to allocate funds equitably to program recipients.

3.34 We found that the department, in collaboration with their provincial and territorial partners, had developed funding priorities or criteria to allocate some of the additional funds from 2018 and 2021. For example, it considered issues pertaining to officer safety and the remoteness of communities. However, we found that on the basis of the records of decisions related to funding allocation, it was unclear how these priorities or criteria were used. Public Safety Canada officials told us that ultimately, the provinces’ or territories’ readiness to fund their share of the program and the historical funding received by program recipients determined how much funding was allocated.

Lack of consistent engagement and partnership with communities

3.35 We found a lack of consistent engagement and partnership with communities that were funded under the First Nations and Inuit Policing Program. We were told by Public Safety Canada officials that engagement is limited with communities under community tripartite agreements given that these agreements include an auto‑renewal clause and that the last formal conversations between the department and most community tripartite agreement holders was in 2018. In our sample of 26 communities under community tripartite agreements, all had an auto‑renewal clause that could range from 10 to 15 years. This means that Public Safety Canada could defer its engagement with communities for many years. In our view, regular engagement with communities is important to build strong partnerships and understand the needs of First Nations and Inuit communities.

3.36 We also examined a sample of 12 self‑administered agreements. We found that Public Safety Canada had more engagement with communities under these agreements. However, Public Safety Canada officials told us that before engaging with communities, the funding available to these communities had already been determined on the basis of available federal funding and the province’s readiness to fund its share.

3.37 This finding was consistent with concerns we heard from First Nations and Inuit communities during our audit. They shared that their engagement with Public Safety Canada did not reflect true negotiations. Opportunities for the signatory communities to provide input and participate in decision making on policing services are fundamental to supporting self‑determination and reconciliation efforts.

3.38 We had a similar finding related to community engagement in our 2014 audit of the program. At the time, Public Safety Canada agreed with our recommendation to ensure that communities had meaningful input when entering into policing agreements. As part of the current audit, Public Safety Canada officials noted that its current and past staffing levels had not been sufficient to appropriately support ongoing and meaningful engagement with the program-funded communities across Canada.

3.39 We also found that except for one of its regional offices, Public Safety Canada did not require its staff to complete cultural awareness training on Indigenous culture and history. Furthermore, we found that the department did not have for its staff working directly with First Nations and Inuit communities any guidelines that outlined expectations for community engagement and negotiations. In our view, such guidance would assist with engagement and working in partnership with First Nations and Inuit communities. These findings do not align with the Truth and Reconciliation Commission of Canada call to action for the government to provide training to public servants and with the United Nations Declaration on the Rights of Indigenous Peoples commitment to promote understanding and good relations between government and Indigenous peoples.

Lack of information to measure the program’s effectiveness

3.40 We found that Public Safety Canada did not know whether the First Nations and Inuit Policing Program was achieving most of its key expected results. Therefore, the department did not know whether the program was effective. Public Safety Canada reported on the access to funding by First Nations and Inuit communities and crime statistics within these communities. However, it did not monitor or report on whether the program was funding police services that were dedicated and responsive to the needs and culture of these communities. This is despite Public Safety Canada having agreed to our recommendation in 2014 to refine the performance measurement strategy of the program.

3.41 Self‑administered police service agreements require that First Nations and Inuit police services provide information, including audited financial statements and annual activity reports, to Public Safety Canada to receive funding. We found that once the department received the annual activity reports, which included information such as community-specific crime and intervention statistics and complaints, it did not aggregate and subsequently analyze the information contained in the activity reports of program recipients. In our view, the department missed opportunities to use this information to

3.42 We also found that Public Safety Canada did not have sufficient information to know whether the RCMP was able to meet some of the requirements of community tripartite agreements. For example, it did not have a system in place to monitor whether the RCMP officers serving communities under such an agreement devoted 100% of their work hours to the First Nations or Inuit community as required (see paragraph 3.52 for requirements of the community tripartite agreement).

United Nations’ sustainable development goal number 5: Gender equality

Achieve gender equality and empower all women and girls

Source: United NationsFootnote 1

United Nations’ sustainable development goal number 10: Reduced inequalities

Reduce inequality within and among countries

Source: United Nations

United Nations’ sustainable development goal number 16: Peace, justice and strong institutions

Promote just, peaceful and inclusive societies

Source: United Nations

3.43 Furthermore, we found that the gathering and analyzing of program data were so limited that Public Safety Canada did not have an accurate listing of the signed community tripartite agreements. This information is important in order to have an accurate representation of the number of communities covered under the community tripartite agreements and to support good decision making and program management.

3.44 We also found that Public Safety Canada did not have information on whether the program was designed and delivered to be inclusive and gender- and diversity-sensitive. This was despite the program’s policy noting that the program aims to contribute to the improvement of social order, public security, and personal safety in First Nations and Inuit communities, including that of women, children, and other vulnerable groups.

3.45 The 2019 Final Report of the National Inquiry Into Missing and Murdered Indigenous Women and Girls called on the federal government to gather distinction-based data (how each First Nations and Inuit community is different) and intersectional data (how aspects of identity overlap to create and deepen discrimination and inequalities) about Indigenous women, girls, and 2‑spirit, lesbian, gay, bisexual, transgender, queer, intersex, and additional sexually and gender diverse (2SLGBTQI+) people. By not gathering such data, Public Safety Canada could not examine whether the program was reducing the inequities faced by these groups. The department was also missing the opportunity to contribute to advancing the United Nations’ Sustainable Development Goal 5 (Gender Equality), Goal 10 (Reduced Inequalities), and Goal 16 (Peace, Justice and Strong Institutions).

3.46 In addition, we found that as of November 2023, the department had not updated the program’s policy. This was despite the fact that as part of our 2014 audit of the program, Public Safety Canada had indicated that the 1996 First Nations Policing Policy was outdated and impractical and had agreed to our recommendation to update the policy.

3.47 Many of our findings and resulting recommendations for Public Safety Canada are interrelated. Furthermore, some align with findings and recommendations we made in 2014.

3.48 Given the long‑standing issues with the First Nations and Inuit Policing Program, and given the federal government’s commitment to truth and reconciliation, Public Safety Canada should work with First Nations and Inuit communities, the provinces and territories, and the RCMP to develop and implement a renewed approach to the program. This approach should include

Public Safety Canada’s response. Agreed.

See Recommendations and Responses at the end of this report for detailed responses.

The RCMP did not consistently deliver on its responsibilities under the program

3.49 This finding matters because the purpose of the First Nations and Inuit Policing Program is to provide communities with policing services that are dedicated and responsive to First Nations and Inuit communities’ needs.

3.50 The RCMP policing services provided as part of the program are meant to supplement the policing services available through the province or territory. This distinction is particularly important in the jurisdictions where the RCMP serves as the provincial police service and is also providing policing services under the program. Services under the program aim to address the needs of the community being served and emphasize a community-based and proactive policing approach.

3.51 Only 3 provinces in Canada have a provincial police force. In the absence of provincial police force coverage, provinces and territories sign contracts with the RCMP to provide policing services within the jurisdiction. The RCMP is responsible for assigning dedicated officers to the First Nations and Inuit communities under the First Nations and Inuit Policing Program, in addition to the provincial and territorial policing services provided under separate contracts. The federal government pays a higher portion (52%) for policing under the program than when it funds the RCMP directly for separate policing contracts with provinces and territories (30%).

3.52 Once RCMP officers are assigned to a community tripartite agreement position under the program (an agreement signed between the federal government, a province or territory, and a First Nations or Inuit community), they are required, among other things, to

Insufficient number of RCMP officers dedicated to communities

3.53 We examined a sample of 26 communities under a community tripartite agreement to determine whether RCMP officers were meeting the requirements of spending 100% of their working hours dedicated to the community under the agreement. We found that only 10 (38%) of the 26 communities from our sample were served by RCMP detachments that indicated they could consistently meet the requirement. RCMP detachments unable to meet this requirement indicated to us that RCMP officers under the program must often fulfill other responsibilities because of overall staffing shortages. This means that RCMP officers may not be fully dedicated to the First Nations or Inuit community they are supposed to serve.

3.54 We found that over the past 5 years, the RCMP had not fully staffed the community tripartite agreement positions that it received funding for from the program. This means that some communities with community tripartite agreements were not being served by the agreed‑on number of officers to enhance the policing services provided through provincial or territorial police service agreements.

3.55 In the last 3 years, as program funding for officers had increased, the RCMP had not been able to fill these additional positions, leading to a greater difference between the number of officer positions funded and the number filled (Exhibit 3.4).

Exhibit 3.4—The RCMP received community tripartite agreement funding for more officer positions than it could fill from 2018–19 to 2022–23

Number of RCMP officer positions in community tripartite agreements (2018–19 to 2022–23)

Source: Based on information from RCMP year‑end report

Exhibit 3.4—text version

This line chart shows the number of Royal Canadian Mounted Police, or RCMP, officer positions funded and filled in community tripartite agreements for the 2018–19 to 2022–23 fiscal years. For each year of the period, the total number of positions funded was always more than the total number of positions filled. The numbers are as follows.

The RCMP received community tripartite agreement funding for more officer positions than it could fill from 2018–19 to 2022–23
Fiscal year Total number of positions funded Total number of positions filled
2018–19 409 399
2019–20 422 400
2020–21 463 407
2021–22 467 402
2022–23 467 406

Note: In a community tripartite agreement, the RCMP provides dedicated policing to a First Nations or Inuit community that supplements the police services available through the province or territory.

3.56 We found that, although the RCMP had acknowledged broader staffing challenges, it had no national staffing approach to fill its obligations under the community tripartite agreements as police service providers. RCMP divisions had to work among themselves to address resource gaps. RCMP officials told us that the RCMP struggled to attract new recruits to community tripartite agreement positions due to factors such as remoteness.

3.57 RCMP officials told us that community tripartite agreements can be signed with communities without Public Safety Canada first determining whether RCMP officers are available to meet the terms of the agreement. This is consistent with what we were told by Public Safety Canada regional staff in jurisdictions with community tripartite agreements, who, except for those in 1 region, confirmed that they did not engage with the RCMP before signing the agreements. This means that First Nations and Inuit communities are signing agreements with the expectation of having dedicated and tailored policing services, but the RCMP may not be able to meet the terms of the agreement. In our view, in the context of reconciliation and the complex history between the RCMP and First Nations and Inuit communities, this process is detrimental to building trust.

3.58 Public Safety Canada and the RCMP, in collaboration with First Nations and Inuit communities and with provinces and territories, should collaborate before new and renewed community tripartite agreements are signed to determine what is possible to offer to communities on the basis of resource capacity.

Response of each entity. Agreed.

See Recommendations and Responses at the end of this report for detailed responses.

3.59 The RCMP should develop and implement a national strategy to address staffing shortages in community tripartite positions in order to ensure that RCMP officers assigned to First Nations and Inuit communities are able to deliver on their responsibilities under the program. As part of this, the RCMP should consult with First Nations and Inuit communities and with Public Safety Canada to understand the interest in the program, community needs, and trends.

The RCMP’s response. Agreed.

See Recommendations and Responses at the end of this report for detailed responses.

No requirement for culturally specific training to understand the culture of the community being served

3.60 The community tripartite agreements require that RCMP officers be familiar with the specific culture and traditions of the First Nations or Inuit community they serve. However, while we were told by some divisions that they offered training initiatives specific to the communities they served, we found that overall, the RCMP did not require its officers assigned to positions within the First Nations and Inuit Policing Program to complete any cultural sensitivity training beyond the mandatory cultural sensitivity training offered to all RCMP officers. This contradicts the RCMP’s own efforts to align with the Government of Canada’s commitment to truth and reconciliation. In our opinion, additional training is important to better understand the specific culture of the First Nations or Inuit community and to build relationships and trust within the communities.

3.61 The RCMP, in collaboration with First Nations and Inuit communities, should develop mechanisms to ensure that the RCMP officers working under community tripartite agreements become familiar with the culture and traditions of the community they serve as required in the agreements. The participation in these activities should be monitored by the RCMP.

The RCMP’s response. Agreed.

See Recommendations and Responses at the end of this report for detailed responses.

Inconsistent implementation and monitoring of whether policing services promote partnerships with communities

3.62 We found that the RCMP did not consistently monitor whether detachments were meeting the requirements of the community tripartite agreements. There was no national approach for the RCMP to monitor whether detachments were

3.63 We found that in our sample of 26 communities with community tripartite agreements, RCMP officers from detachments serving these communities varied in their description of the primary duties of officers. Under the program, services offered by the RCMP are meant to supplement the policing services available through the province or territory and should include community-based policing (such as crime-prevention activities). However, in 7 (27%) of the communities in our sample, the RCMP officers from detachments informed us that the primary duties were responding to calls and enforcement. In addition, RCMP officers told us that the RCMP did not provide clear guidance to detachments on the roles and duties of an RCMP officer under a community tripartite agreement. Community-based policing and crime-prevention activities are important to build partnerships, trust, and reconciliation with community members through efforts outside of traditional or reactive enforcement.

3.64 We found that in 18 (69%) of the 26 communities with community tripartite agreements in our sample, RCMP detachments had worked with the community they served under the agreement to set policing priorities. However, only 3 (12%) of the 26 detachments had documented these priorities in a current letter of expectation as required by the agreements. The nature of this collaboration between the RCMP and communities to set priorities varied from official meetings with community leaders to community surveys.

3.65 We found that in 16 (62%) of the 26 communities in our sample, RCMP detachments serving these communities had prepared reports in 2022–23 at least quarterly, as required. These reports included information such as crime statistics, progress toward policing priorities, staffing levels, and community engagement activities. However, in only 7 of the 16 cases could detachments produce evidence that these reports had been provided to the communities served.

3.66 Our recommendation for this section is at paragraph 3.70.

No information on program effectiveness

3.67 We found that the RCMP did not monitor or report on the overall effectiveness of the First Nations and Inuit Policing Program. Each detachment is required to complete an annual performance report. However, these annual reports combine activities carried out by the RCMP detachment under the program and under other policing responsibilities. Consequently, it was not possible to decipher whether the outputs and outcomes in these reports were directly related to the First Nations and Inuit Policing Program or part of the RCMP’s overall activities.

3.68 RCMP officials explained that Public Safety Canada is responsible for determining, reviewing, and updating the program’s performance indicators, as the RCMP is not a signatory to the community tripartite agreements and Public Safety Canada holds the policy authority for the program. In contrast, Public Safety Canada noted that it is not the department’s role to measure the quality of policing services given that policing and setting policing standards are under the jurisdiction of provinces and territories. This could leave First Nations and Inuit communities unclear as to whom they need to turn to if the program does not meet their safety and security needs.

3.69 Furthermore, we found that the RCMP had not developed a clear and systematic approach to collect intersectional data within the program to inform service delivery and related intended outcomes. In our sample of 26 communities with community tripartite agreements, most of the detachments informed us that they did not collect disaggregated data on First Nations and Inuit women, children, youth, or elders. Moreover, none of the detachments serving the communities in our sample indicated that they collected information on 2SLGBTQI+ people. Given the 2022 RCMP commissioner mandate letter to advance reconciliation and address the national tragedy of missing and murdered Indigenous women, girls, and 2SLGBTQI+ people, ensuring that this data can be captured, collected, and analyzed by the RCMP is imperative.

3.70 The RCMP, in collaboration with Public Safety Canada, should implement mechanisms to ensure that the First Nations and Inuit Policing Program is being delivered as required and is achieving the intended results. This should include

The RCMP’s response. Agreed.

See Recommendations and Responses at the end of this report for detailed responses.

Conclusion

3.71 We concluded that under the First Nations and Inuit Policing Program, Public Safety Canada did not work in partnership with Indigenous communities to provide equitable access to police services that are tailored to the needs of communities.

3.72 We also concluded that the RCMP did not work in partnership with Indigenous communities under the First Nations and Inuit Policing Program to deliver dedicated and tailored police services that supplemented the services provided to provinces and territories under police service agreements.

About the Audit

This independent assurance report was prepared by the Office of the Auditor General of Canada on the First Nations and Inuit Policing Program. Our responsibility was to provide objective information, advice, and assurance to assist Parliament in its scrutiny of the government’s management of resources and programs and to conclude on whether the support provided by Public Safety Canada and the Royal Canadian Mounted PoliceRCMP to First Nations and Inuit communities through the program complied in all significant respects with the applicable criteria.

All work in this audit was performed to a reasonable level of assurance in accordance with the Canadian Standard on Assurance Engagements (CSAE) 3001—Direct Engagements, set out by the Chartered Professional Accountants of Canada (CPA Canada) in the CPA Canada Handbook—Assurance.

The Office of the Auditor General of Canada applies the Canadian Standard on Quality Management 1—Quality Management for Firms That Perform Audits or Reviews of Financial Statements, or Other Assurance or Related Services Engagements. This standard requires our office to design, implement, and operate a system of quality management, including policies or procedures regarding compliance with ethical requirements, professional standards, and applicable legal and regulatory requirements.

In conducting the audit work, we complied with the independence and other ethical requirements of the relevant rules of professional conduct applicable to the practice of public accounting in Canada, which are founded on fundamental principles of integrity, objectivity, professional competence and due care, confidentiality, and professional behaviour.

In accordance with our regular audit process, we obtained the following from entity management:

Audit objective

The objective of this audit was to determine whether

Scope and approach

The audit focused on Public Safety Canada’s and the RCMP’s activities regarding the First Nations and Inuit Policing Program.

The audit focused on the 2 main types of policing agreements under the program: self‑administered police service agreements and community tripartite agreements. Specifically, the audit examined whether

The audit involved examining and analyzing key documents from the organizations. This included documents specific to random samples of 26 community tripartite agreements and 12 self‑administered police service agreements:

Our findings from the samples relate only to the communities and police services reviewed and are not meant to statistically represent the entire population funded under the First Nations and Inuit Policing Program.

We interviewed officials in both Public Safety Canada and the RCMP. For Public Safety Canada, this included officials from headquarters as well as staff in 1 regional office. For the RCMP, we met with headquarters, 3 divisions, and 4 detachments. We also met with selected First Nations communities, First Nations and Inuit police services, and stakeholders to discuss issues related to Indigenous policing and the First Nations and Inuit Policing Program.

We examined actions in support of the United Nations’ Sustainable Development Goals to understand the organizations’ contributions to Goal 5 (Gender Equality), Goal 10 (Reduced Inequalities), and Goal 16 (Peace, Justice and Strong Institutions).

We did not examine other agreements under the First Nations and Inuit Policing Program, such as municipal agreements or crime-prevention programs. We also did not examine the performance of First Nations communities, police services, or First Nations organizations.

Criteria

We used the following criteria to conclude against our audit objective:

Criteria
Criteria Sources

Public Safety Canada and the RCMP work in partnership with Indigenous communities to administer the First Nations and Inuit Policing Program in a manner that is tailored to the needs of Indigenous communities.

  • First Nations Policing Policy, 1996
  • Minister of Public Safety Mandate Letter, 2021
  • Policy on Transfer Payments, Treasury Board
  • First Nation and Inuit Policing Program (FNPP): Terms and Conditions, Public Safety Canada
  • Framework agreements for the use of RCMP First Nations community policing services
  • Community tripartite agreements for the use of the RCMP First Nations community policing services
  • RCMP Commissioner Mandate Letter, 2022
  • Royal Canadian Mounted Police Path of Reconciliation: Strengthening Trust in the RCMP, 2019–2020
  • Operational Priorities, RCMP
  • Reclaiming Power and Place: The Final Report of the National Inquiry Into Missing and Murdered Indigenous Women and Girls, 2019
  • Transforming Our World: The 2030 Agenda for Sustainable Development, United Nations, 2015
  • Achieving a Sustainable Future: Federal Sustainable Development Strategy 2022 to 2026, Environment and Climate Change Canada
  • United Nations Declaration on the Rights of Indigenous Peoples, 2007

Public Safety Canada makes funding-related decisions under the First Nations and Inuit Policing Program in a transparent, equitable, and timely manner.

  • Policy on Transfer Payments, Treasury Board
  • First Nations Policing Policy, 1996
  • First Nation and Inuit Policing Program (FNPP): Terms and Conditions, Public Safety Canada
  • Contribution agreements for First Nations self‑administered policing services
  • Framework agreements for the use of RCMP First Nations community policing services
  • Transforming Our World: The 2030 Agenda for Sustainable Development, United Nations, 2015
  • Achieving a Sustainable Future: Federal Sustainable Development Strategy 2022 to 2026, Environment and Climate Change Canada

Public Safety Canada and the RCMP establish, collect, and report on indicators to assess their performance under the First Nations and Inuit Policing Program and make necessary adjustments.

  • Project Risk Management Directive, Public Safety Canada, 2021
  • Policy on Transfer Payments, Treasury Board
  • First Nation and Inuit Policing Program (FNPP): Terms and Conditions, Public Safety Canada
  • Contribution agreements for First Nations self‑administered policing services
  • Framework agreements for the use of RCMP First Nations community policing services
  • Community tripartite agreements for the use of the RCMP First Nations community policing services
  • Royal Canadian Mounted Police Path of Reconciliation: Strengthening Trust in the RCMP, 2019–2020
  • Operational Priorities, RCMP
  • Letters of Expectations
  • Transforming Our World: The 2030 Agenda for Sustainable Development, United Nations, 2015
  • Achieving a Sustainable Future: Federal Sustainable Development Strategy 2022 to 2026, Environment and Climate Change Canada

Period covered by the audit

The audit covered the period from 1 April 2018 to 31 August 2023. This is the period to which the audit conclusion applies. However, to gain a more complete understanding of the subject matter of the audit, we also examined certain matters that preceded the start date of this period.

Date of the report

We obtained sufficient and appropriate audit evidence on which to base our conclusion on 29 February 2024, in Ottawa, Canada.

Audit team

This audit was completed by a multidisciplinary team from across the Office of the Auditor General of Canada led by Jo Ann Schwartz, Principal. The principal has overall responsibility for audit quality, including conducting the audit in accordance with professional standards, applicable legal and regulatory requirements, and the office’s policies and system of quality management.

Recommendations and Responses

Responses appear as they were received by the Office of the Auditor General of Canada.

In the following table, the paragraph number preceding the recommendation indicates the location of the recommendation in the report.

Recommendations and Responses
Recommendation Response

3.48 Given the long‑standing issues with the First Nations and Inuit Policing Program, and given the federal government’s commitment to truth and reconciliation, Public Safety Canada should work with First Nations and Inuit communities, the provinces and territories, and the Royal Canadian Mounted PoliceRCMP to develop and implement a renewed approach to the program. This approach should include

  • updating the 1996 First Nations Policing Policy
  • immediately revising the current funding allocation process so that it allows for the timely funding to recipients, the disbursement of program funds, and the achievement of the department’s commitment to equitable funding. The revision should take into account the timing of provincial and territorial funding as well as solutions to disburse federal funds available when provinces and territories are unable to secure their share of the funding.
  • developing a mechanism to track the interest, needs, and demand for the program by jurisdiction. The information collected should be used to inform future funding requests and equitable allocation for the program.
  • working in partnership with program recipients in a consistent and meaningful manner. Engagement by department officials should be supported by monitoring and feedback, mandatory cultural training, and guidance on the nature, timing, frequency, and expected measurable outcomes of engagement.
  • updating performance measurement and reporting so that the department, provinces and territories, and First Nations and Inuit communities know whether the program is achieving its intended results and outcomes and so that the department can make adjustments as needed. This approach should be culturally sensitive and include collecting, monitoring, analyzing, and reporting performance data that is distinction-based and intersectional.

Public Safety Canada’s response. Agreed. Public Safety Canada recognizes that collaboration and partnership with First Nations and Inuit communities as well as with the provinces and territories and law enforcement agencies, including the RCMP, is needed to improve the strategic focus and measurable impact of the First Nations and Inuit Policing Program (FNIPP). Public Safety Canada is committed to pursuing these improvements in a manner that respects the jurisdiction of provinces and territories over operational policing requirements and priorities, and reconfirms the role of the federal government as a financial contributor to culturally-sensitive and results-oriented policing.

To this end, starting in 2024‑25, Public Safety Canada will engage with external partners and develop a program improvement action plan that will include:

  • Proposed updates to the 1996 First Nations Policing Policy and the Terms and Conditions that govern FNIPP;
  • An updated program governance framework, that i) reconfirms how demand for improved policing and community safety initiatives will be tracked by provinces and territories of jurisdiction; ii) clarifies how available federal funding will be prioritized and how the concept of equity will be implemented through federal funding allocations; iii) and how Public Safety Canada and provincial and territorial partners will seek to ensure the administrative efficiency, predictability and timeliness of funding transfers to recipients in implementing the 52% federal /48% provincial/territorial cost‑sharing requirements of the program.
  • An updated program results measurement framework that has been collaboratively developed with provinces and territories of jurisdiction and Indigenous partners funded by the program.
  • A proposed approach for strengthening the strategic alignment of FNIPP investments with other federal and provincial/territorial initiatives aimed at improving culturally-appropriate policing and community safety outcomes in First Nations and Inuit communities.

In 2024‑25, Public Safety Canada will also establish and implement a new series of mandatory training requirements for staff working on FNIPP, including community familiarization and cultural competency training.

3.58 Public Safety Canada and the Royal Canadian Mounted PoliceRCMP, in collaboration with First Nations and Inuit communities and with provinces and territories, should collaborate before new and renewed community tripartite agreements are signed to determine what is possible to offer to communities on the basis of resource capacity.

Public Safety Canada’s response. Agreed. Public Safety Canada recognizes that the renewal and initiation of new community tripartite agreements puts additional resource requirements on the RCMP and that prior consultation will be undertaken before they are signed. Along with the RCMP, Public Safety Canada has already begun the implementation of the recommendation through discussion and careful consideration of their recruitment and retention challenges. Capacity to fill positions is at the forefront of conversations with provinces and territories where community tripartite agreements are the primary vehicle for the Program.

The RCMP’s response. Agreed. Like many first responders across Canada, the RCMP is experiencing pressures in relation to vacancies in police officer positions. The RCMP has already taken steps to implement a revised national Regular Member (RM) (police officer) Demand model, which considers the demand for First Nations and Inuit Policing ProgramFNIPP police officers along with all other RCMP police officer requirements within the organization. This revised model should be fully implemented within the 2024/25 fiscal year (FY). Current vacancies and demand for police officers continue to be high priority discussion items between the RCMP, Public Safety Canada (PSC) and Provinces/Territories (P/T) at the Contract Management Committee (CMC). The RCMP will seek to work with PSC to have more fulsome police officer demand discussions take place at CMC within FY 2024/25, ensuring provincial/territorial police service vacancies are considered, along with the enhanced FNIPP positions.

3.59 The Royal Canadian Mounted PoliceRCMP should develop and implement a national strategy to address staffing shortages in community tripartite positions in order to ensure that RCMP officers assigned to First Nations and Inuit communities are able to deliver on their responsibilities under the program. As part of this, the RCMP should consult with First Nations and Inuit communities and with Public Safety Canada to understand the interest in the program, community needs, and trends.

The RCMP’s response. Agreed. The RCMP is currently excluded from consultations between Public Safety CanadaPSC, Provinces/TerritoriesP/Ts and First Nations and Inuit communities when determining the level of police officer resources for the First Nations and Inuit Policing ProgramFNIPP, meaning the RCMP is a service provider without control over the demand put on it from the P/Ts and PSC. The RCMP would welcome the opportunity to be engaged with these parties prior to any decisions being taken to ensure current vacancy patterns in provincial and territorial policing services have been considered, and that it can reasonably deliver on these commitments.

The RCMP will continue taking steps to increase recruitment and retention of police officer positions and reinforce its position as a choice for new police officers within Canada. It should be noted, the RCMP is likely to face capacity issues at Depot Division (the RCMP’s police training academy), which will hinder its ability to produce a sufficient number of officers to meet demand for police officers in the near future, including those officers intended to support the FNIPP.

3.61 The Royal Canadian Mounted PoliceRCMP, in collaboration with First Nations and Inuit communities, should develop mechanisms to ensure that the RCMP officers working under community tripartite agreements become familiar with the culture and traditions of the community they serve as required in the agreements. The participation in these activities should be monitored by the RCMP.

The RCMP’s response. Agreed. The RCMP will continue to work with communities to make community-specific cultural awareness part of the community onboarding process for police officers, as well as continuous participation / inclusion in local cultural events. First Nations and Inuit Policing ProgramFNIPP funding available for Community Consultative Groups could provide a mechanism for financial compensation to share cultural awareness with police officers working in the communities. RCMP National Headquarters is working on creating a shared space where it intends to include Community Profiles, which will include culture and traditions for the various Indigenous communities it serves. Furthermore, RCMP National Headquarters is working on a tool to enable members in the communities to easily input the activities they are conducting as part of their duties and those relating to reconciliation efforts that are in addition to these. The RCMP will aim to implement enhanced measures to monitor the activities across the Divisions and National Headquarters by the end of the 2024/2025 fiscal year.

3.70 The Royal Canadian Mounted PoliceRCMP, in collaboration with Public Safety Canada, should implement mechanisms to ensure that the First Nations and Inuit Policing Program is being delivered as required and is achieving the intended results. This should include

  • providing clear guidance to its detachments about the requirements of its officers working under community tripartite agreements
  • monitoring the detachments’ fulfillment of requirements outlined in community tripartite agreements to ensure that partnerships with communities are being established and maintained
  • establishing, tracking, and reporting on program‑wide performance indicators using a distinction-based approach and intersectional data. To align with truth and reconciliation, First Nations and Inuit Policing Program recipients should be included in establishing the performance indicators, data‑gathering techniques, and reporting requirements to ensure that the data management is culturally sensitive and supports self‑determination.
  • making adjustments to the program on the basis of the data gathered on the program delivery and  effectiveness

The RCMP’s response. Agreed. RCMP National Headquarters will work with Public Safety CanadaPSC to support updated performance measurement and reporting, and will make concerted efforts to implement a framework by the end of the 2024/2025 fiscal year. The RCMP intends to provide consistent, comprehensive, and accurate information related to its contributions as a policing service provider so we can continue the work towards better supporting the communities it serves. Furthermore, the development of tools to enable members in communities to input the activities and reconciliation efforts will ensure the RCMP gathers data to make necessary adjustments towards program delivery, which also is expected to be in place by the end of the 2024/2025 fiscal year.

Definitions:

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