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Legislation proposed for more recognition of First Nations policing

Oct 21, 2020 | 3:20 PM

EDMONTON, AB – Changes to the Police Act have been proposed to formally recognize First Nations police services in legislation.

As it stands, the Act does not include any recognition of First Nations policing agencies, despite the fact that First Nations have operated police services for over two decades.

A review of the Police Act is currently taking place.

Alberta’s Minister of Justice and Solicitor General Kaycee Madu noted First Nations police agencies could benefit from any outcomes of the review if the Justice Statutes Amendment Act is passed.

The three First Nations policing agencies in Alberta are the Blood Tribe Police Service, the Lakeshore Regional Police Service, and the Tsuut’ina Nation Police Service.

PROVINCIAL OFFENCES PROCEDURES ACT

A change included in the proposed legislation would see an amendment to the Provincial Offences Procedures Act that would authorize First Nations police services to issue tickets to enforce area bylaws.

Minister Madu said this means First Nations police will be able to issue a ticket and can enforce violations to the court systems themselves, which is not currently the case.

Many other First Nations communities are policed by the RCMP.

Those that do have an independent policing service have signed a community tripartite agreement with the federal and provincial governments.

“With this legislation, the Government of Alberta acknowledges the valuable role First Nations policing plays in keeping their communities safe,” he added.

“These changes will ensure First Nations police services and the communities they serve can benefit from our efforts to modernize policing in Alberta.”

Also included in the Justice Statutes Amendment Act are proposed changes to the following:

  • Jury Act: The province’s jury selection process would be updated by allowing greater use of technology. This includes allowing the court to send juror summonses by electronic means such as email and eliminates specific juror summons form. Courts will be better able to adapt to changes as a result and streamline the juror selection process.
  • Provincial Offences Procedures Act: This would authorize courts to let Albertans participate in trials and hearings via videoconference or teleconference. Changes would let the courts deal with routine court matters such as entering pleas and setting trial dates by email, telephone or videoconference.
  • Victims Restitution and Compensation Payment Act: This would expand the offences eligible for civil forfeiture. Changes would also allow the government to recover civil forfeiture program costs from forfeited property instead of relying on taxpayer dollars. The program will still continue to fund crime prevention and victims of crime initiatives.
  • Queen’s Counsel Act: This would expand qualification requirements. Those eligible for a Queen’s Counsel (QC) would include individuals who practice in any other jurisdiction within the Commonwealth that uses common law as the basis, in whole or in part, for its legal system. There would also be a requirement to have practiced in Alberta for at least five years.

“The changes to the QC requirements are a critical measure to ensure our justice system reflects the diversity of today’s Alberta, while recognizing the contributions of those who have valuable experience outside of Canada,” stated Madu.

Additionally, minor changes to the Referendum Act would ensure that referendums and senate elections can be held during the same municipal election.

The province says this would create efficiencies to cover costs.