Chief backs call for Indigenous representation on proposed RCMP, CBSA watchdog

A grand chief in B.C. is backing one member of Parliament's push for the Liberals to amend tabled legislation so a proposed new federal law enforcement watchdog would, if established, employ Indigenous people as both decision-makers and complaints investigators.

"All legislation must engage Indigenous input not after the fact but during the drafting of the legislation itself, and it's absolutely essential that any oversight bodies of policing agencies include an Indigenous presence," said Grand Chief Stewart Phillip, president of the Union of B.C. Indian Chiefs.

"It's time that governments woke up and smell the coffee and begin to seriously engage Indigenous people when they're drafting legislation."

Bill C-20 would dissolve the current civilian review agency for the RCMP and create a replacement that would also be tasked with handling complaints against the Canada Border Services Agency (CBSA).

Because Indigenous people have well-documented issues with Canadian law enforcement, they should be included on any new oversight commission, says NDP public safety critic Alistair MacGregor, who raised this issue last week in the House of Commons.

"We know, particularly with Indigenous people in Canada, the problems they have had with the RCMP," said MacGregor, who represents Cowichan-Malahat-Langford in B.C.

"So I think it's important we add this layer of accountability and transparency."

MacGregor pressed Public Safety Minister Marco Mendicino to explain whether Indigenous people will be involved in the new oversight body as the House debated the bill at second reading, but didn't receive a direct response.

MacGregor said a 2021 House committee study into systemic racism in policing recommended the current RCMP oversight body, the Civilian Review and Complaints Commission (CRCC), be overhauled. It said Indigenous investigators should probe complaints Indigenous people file, which wouldn't happen under C-20's proposed reforms.

Mendicino's response listed a number of Indigenous policing initiatives underway, which did suggest a "willingness" to possibly alter the bill as it winds through the legislative process, according to MacGregor, who said he'll press the issue further when the bill arrives at committee.

Citing a string of crackdowns on First Nations-led civil disobedience and in-custody deaths of Indigenous people in B.C., Phillip said he agrees with the MP.

"We know there's been a spike in complaints related to lethal means being too readily employed by RCMP officers when it comes to Black people, Indigenous and people of colour — and that's absolutely unacceptable. It's very dangerous to continue along that path," Phillip said.

"Clearly, we need more accountability through some very rigorous oversight. The current system is not working."

The federal government recently passed legislation requiring it to harmonize its laws with the UN Declaration on the Rights of Indigenous Peoples and consult with Indigenous Peoples on any new initiatives that may impact them, Phillip said.