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REVIEW of

YUKON’S POLICE FORCE

~UPDATE~

September 30, 2010

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The Yukon Department of Justice, Council of Yukon First Nations (CYFN) and M Division of the Royal Canadian Mounted Police (RCMP) are currently undertaking a review of policing in Yukon. Key to

this Review has been the engagement of a wide range of citizens through a variety of mechanisms. The Yukon Government, CYFN and the RCMP are committed to implementing lasting responses to concerns raised during the Review, and ultimately enhancing policing services in Yukon.

The Review is Co-Chaired by Simone Arnold (Justice Programs Manager, Council of Yukon First Nations), Chief Superintendent Peter Clark (Commanding Officer RCMP M Division – Yukon) and Dennis Cooley (Deputy Minister, Department of Justice). The Co-Chairs are supported in their work by an Advisory Committee composed of eight members. For more information on the Review, please visit: www.policereview2010.gov.yk.ca/index.html.

This update provides an overview of the results of the Review to date, including feedback from

citizens. The Co-Chairs have been deeply moved by the willingness and openness of citizens of the territory and members of the RCMP to share their experiences. Their personal stories were difficult to listen to and even more difficult to tell. We acknowledge and respect the courage and strength required of them to come forward.

Introduction

“RCMP is here to look after our younger generation. Alcohol and drugs cause trouble with young people. We are thankful to the RCMP who look after us, they always smile and wave.” ~ Old Crow Elder

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Policing in the North

Policing in the north is about extremes - extremes in climate, isolation and working conditions. It often involves serving isolated communities that face challenges related to small populations, harsh

climates and limited access. Yukon’s geography and its small and dispersed population and self govern-ment status of First Nation communities create unique policing opportunities not evident in other parts of Canada. Police officers are frequently in the position of responding to a call for service involving a vulnerable person – a victim of sexual or domestic assault, an acutely intoxicated person, a chronic drug abuser, or a person with a mental illness or a cognitive impairment such as Fetal Alcohol Spectrum Disorder (FASD). Police officers have increased responsibilities and a high profile in isolated, northern communities; they are called upon to provide a wide range of services that require a variety of skills and attributes. By virtue of the authority of their position, officers hold a position in their community that requires them to have training and skills that reflect the needs of Yukon communities and to integrate into community life.

Put simply, policing in Yukon is unlike most places in the country. Conditions for RCMP members who volunteer to police in Yukon are different. These circumstances may give rise to stresses and strains on individuals and their families. Balancing operational requirements with human and financial resource restraints, assisting in providing safe and healthy communities and responding to quality of life issues for police families is an ongoing challenge for the RCMP in Yukon.

“...when you come to these communities, you are working for the people not just the RCMP, not just yourself.” ~ Teslin Elder

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The Co-Chairs and the Advisory Committee have directly engaged a wide range of citizens in meet-ings across the territory. In addition, citizens were provided an opportunity to submit written input.

Throughout spring and summer 2010, over 40 meetings took place with the participation of hundreds of individuals. The Review team also worked with First Nation leaders, agencies and groups that deal directly with individuals who are likely to come in contact with the law and may be reluctant to speak directly to us. These agencies met with their clients and prepared written submissions. Summaries of meetings and written submis-sions are posted on the Review’s website.

Throughout these discussions, citizens of the territory acknowledged the important role that police officers play in their communities. At every meeting, gratitude was expressed for the services provided by the RCMP. Count-less stories were told of police officers who excelled under tough conditions and how, through their participation in school programs, coaching and support of the community, they have been role models for the children in the community.

The Co-Chairs and Advisory Committee also heard that the trust and confidence that some citizens once had for the RCMP has eroded. First Na-tions and non-First Nation citizens have raised concerns that some members of the community have been subject to discrimination and cultural insensitivity. Citizens, particularly those who work directly with women in crisis, raised concerns about the RCMP’s response to calls for assistance in situations involving domestic violence and sexualized assault. Many citizens also brought forward concerns about being treated with indifference, disrespect or outright hostility when interacting with the RCMP. This was particularly evident in submissions made to us by individuals in vulnerable situations – acutely intoxicated persons and offenders with mental health and cognitive disorders like FASD.

A number of citizens also noted their frustration and suspicions with the process for making complaints against the RCMP. Even some individuals who work in the justice system were unaware of the process by which a formal complaint could be made.

Citizen Feedback

“The RCMP have one of the best policing systems in the world; they do a great job, even critics know this is where the help comes from.” ~ Participant, Carmacks

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“Cross cultural training, history of the Yukon, intensive addiction and domestic violence training should be completed by all officers.” ~ Participant, Whitehorse

As our meetings progressed, a number of common themes emerged:

The role of M Division in the community - Citizens across the territory acknowledged the tremendous contribution that members make to their community. Indeed, citizens want “their members” to be part of the community, to understand and respect the local First Nation culture and to take part in commu-nity events. There was a clear desire on the part of citizens and of the RCMP to build stronger, more positive relations in order to prevent crime from occurring. M Division and the community recognize that effective policing is only as strong as the relationships that exist between citizens and the RCMP. Many citizens also suggested that the members need to spend more time in their community in order to build and sustain strong relationships with the community. In addition, citizens and members rec-ognized that 10 of the 13 detachments in M Division are three-person detachments. Shift work, which is necessary to provide 24-hour emergency response, and the duties associated with the job, create challenges for members and hinders their ability to work with citizens and become part of a community.

Increasing First Nation in-volvement with M Division - First Nations citizens desire more involvement with M Division and how it polices within their communities. First Nations leaders recognize the importance of having their citizens direct-ly involved in delivering police services, either as participants or in some related capacities. First Nation leaders understand the importance of developing good relationships and have a desire to strengthen and build a new, dynamic relationship. Even more importantly, they want processes in place in order to maintain relationships of mutual respect over time rather than rebuilding these relationships every few years. That dialogue is seen as only a beginning to this process. If people are not talking, relationships surely will fail. First Nation people have a lot of historical knowledge and are more than willing to share it with the RCMP. They also recognize challenges that need to be addressed to ensure that today’s youth might consider a career in law enforcement and become leaders and mentors for their commu-nity. First Nations people do not want to lose the opportunity to create a harmonious way of life for their families, especially for youth.

Improving the response to vulnerable people - Policing in Yukon includes responding to calls for ser-vice involving vulnerable citizens such as acutely intoxicated persons and people who are chronically inebriated, chronic drug abusers, individuals with cognitive disorders, FASD, and individuals in distress as a result of a mental illness. Because of their marginalized role in society, youth might also fit into this category of vulnerable people. Community residents, First Nations leaders, Yukon Government of-ficials and members that we spoke with recognize that longer and more in-depth training, a closer and more coordinated relationship with partner agencies, and a community policing model that results in a higher quality of response, improved prisoner care, supervision and treatment is required.

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“Women need to know they will be treated fairly and respectfully when they call the RCMP, and that they will be safe if they report.” ~ Participant, Whitehorse

“A big issue is ongoing changeover in RCMP staff and members coming in from places where different tactics are used. When you come here, the Yukon is different. A small population and generally less violent criminals ... but more talking and working with people.” ~ Participant, Haines Junction

Responding to domestic violence and sexual assault - Many women expressed concerns as to how M Division responds to domestic violence and sexual assault. Women’s experience of violence is different from men’s in that they already experience social power imbalance before violence is introduced to a situation. This is particu-larly true for many aborigi-nal women who identified a deep and historical mistrust of police as a compounding factor in their experience of victimization. We were told that some women do not feel believed by police who attend the scene of intimate partner violence or sexualized assault, and that many women are dissatisfied with the level of investigation and service they receive. We heard about the power imbalances inherent in these crimes and the necessity for police understanding of these dynamics.

Ensuring M Division members are equipped for policing responsibilities in Yukon - It is critical that police officers transferred into the territory understand the demands awaiting them. They may require additional training to prepare for service in the North – training on how to respond to citizens in crisis, as well as wilderness training to survive in a harsh climate. The importance of ensuring that members are carefully selected and have a solid understanding of the unique social and cultural heritage of Yukon, as well as of the specific community in which they will serve, was noted as essential. It was also noted that community leaders and governments should have an important role in selecting commanders who will lead detachments and in welcoming members and assisting them and their families to integrate into the community.

Greater community input into M Division priorities and communication - It is clear that municipal representatives, First Nations leaders and citizens care about the delivery of policing services in the terri-tory. Many requested more involvement in establishing priorities at the territorial level, as well as at the detachment level. In addition, it is clear that there is room for improving the communication between M Division and citizens. This includes increasing citizens’ knowledge of their rights and responsibilities in relation to law enforcement agencies. M Division, citizens, municipal representatives, and First Na-tion leaders need to work more closely to establish policing priorities for communities. Changes need to

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“RCMP need to toot their own horn for their volunteer time and work they do in the community.” ~ Participant, Carmacks

“RCMP, like others, need to be seen to be held accountable.” ~ Participant, Carmacks

be made to ensure citizens and governments have a meaningful voice in setting policing priorities, that they actively participate with the police in priority setting, and that there is an accountability process to report on progress made towards achieving these priorities.

Concerns about accountability - All public institutions require transparent and responsive processes to ensure that the public trust is maintained. There is a great deal of confusion, and ultimately dissatisfac-tion, about the operation of the RCMP complaints process, as well as how the RCMP internal disciplinary process works. Both processes are viewed as slow and cumbersome, and not adequately responding to the needs of citizens. In addition, citizens raised serious concerns with “police investigating police”.

As the concerns raised in Yukon are similar to those heard elsewhere in the country, the federal govern-ment is considering changes to federal legislation to respond to these concerns.

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The Need for Trust

The common element that ran through our discussions with citizens and is present in all of the themes that we have identified is trust.

Some citizens of the territory have lost confidence in the RCMP to uphold their core values. The dete-rioration of support for the RCMP may be due to issues taking place outside of Yukon; however, M Divi-sion is also keenly aware that the actions of a few RCMP members in the territory in recent years have placed the RCMP in a negative light.

The Co-Chairs believe that raising the public’s confidence in the RCMP is absolutely essential to ensure that citizens of the territory receive high quality policing services. Trust lost is not easily regained. We believe that the dialogue we have started with citizens and members is only the first step towards a renewed relationship of trust.

The process will take time and effort on the part of governments and citizens alike. However, if we remain committed to continuing to find ways for honest and open dialogue, we can move towards a stronger, healthier and more positive relationship between citizens and the police.

“The general feeling of intimidation when having to interact with RCMP is partly a historical reaction. RCMP does little to help overcome this reaction. There are still some cultural biases from the RCMP. More cultural sensitivity is required.” ~ Participant, Teslin

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Towards a New Relationship

When the Co-Chairs and Advisory Committee met to establish the framework for this Review, we agreed that the desired outcome of the Review is to bring forward recommendations that:

•seek understanding and start a process that will foster positive relationships between the RCMP and citizens in order to increase public confidence in the police service; and

•renew relationships for the RCMP and Yukon Government, First Nations governments, and citizens of the territory to ensure that all Yukon citizens receive high quality police services.

Citizens recognize the contributions that the RCMP have made to Yukon but we also acknowledge and need to respond to the wrongs that have occurred in the past. There are, no doubt, challenges that need to be addressed, and this will take time. But citizens of the territory have also told us that they are committed to a better future.

The RCMP is undergoing a transformation both nationally and in Yukon. While dialogue and planning continue, the RCMP recognizes that it can act to bring about some changes without delay. A number of initiatives are underway to fulfill the vision of the RCMP as an adaptive, accountable, trusted orga-nization which meets the needs of the communities and First Nation governments. These initiatives include new policy which formalizes the practice adopted in M Division in 2009 requiring the use of non-RCMP investigators wherever possible to investigate death, serious injuries, criminal or sensitive matters which involve members of the RCMP.

The federal government has proposed new legislation to improve the public complaint process and to provide the independent Commission for Public Complaints with greater investigative powers. Addi-tional proposed federal legislation is intended to modernize human resource management processes, internal discipline of the RCMP, and ensure timely reporting of serious incidents that involve RCMP members to the Commission for Public Complaints. The use of independent civilian observers is now required. New supervisory positions now exist within M Division to ensure that policies, the Code of Conduct, and the Mission, Vision and Values of the RCMP are respected by the membership and that training is timely and appropriate.

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The RCMP is actively participating in the Review of Yukon’s Police Force and providing advice to Yukon’s Task Force on Acutely Intoxicated Persons at Risk. The RCMP is working towards improved accountabil-ity and transparency to better communicate the RCMP response to complaints made by the citizens. Transformational change is critically important for the RCMP to ensure high levels of public trust and confidence, and for the RCMP to be responsive and effective in the delivery of its policing mandate.

The Review has identified that it is important to select RCMP members to serve in Yukon who are aware of the uniqueness of the Yukon and are properly suited to serve in M Division. It is evident that RCMP members need to be provided with culturally appropriate training and community orientation.

In addition, citizens, municipal leaders and First Nation leadership are seeking greater involvement in the development of polic-ing priorities and plans at the detachment and territorial level. The Co-Chairs are encouraged that the RCMP recognize that First Nations, Yukon Government and the public all have an important role to play in the delivery of policing services in Yukon.

While some changes have been com-pleted, or are underway within the RCMP, the Co-Chairs recognise the importance of working collaboratively to bring about change. The Co-Chairs look forward to the

Yukon Government, the RCMP, First Nations leadership, municipalities and other groups and institu-tions working together to develop training, orientation and planning processes that are critical to the success of this process.

“Community members, professionals and RCMP need to foster an understanding of each other’s roles to better understand and pro-vide better service.” ~ Justice system professional

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The Way Forward

The Co-Chairs and Advisory Committee believe that the dialogue that has occurred so far during the Review of Yukon’s Police Force has started a process that will build stronger, more meaningful rela-

tionships between the RCMP, Yukon Government, First Nations governments, municipal governments and citizens.

As we travelled across the territory, citizens welcomed us into their communities to share their experi-ences. They have done so in a respectful manner. Citizens recognize and value the contribution that RCMP members make to their communities and they are optimistic about the future.

There is still much work to be done. Over the course of the next few weeks, the Co-Chairs and Advisory Committee will complete our discussions with citizens. We will then turn our attention towards prepar-ing our report for the Minister of Justice. We recognize the importance of this report both for today and for the future of the territory. The recommendations in the report will help shape policing in the territory for many years to come.

It is our intention that the report to the Minister reflects the concerns that have been expressed to us, provides meaningful responses to those concerns and includes recommendations that will start us down the path to a renewed relationship. Ultimately, our goal is to ensure that all citizens receive high quality policing services and that the RCMP are acknowledged and respected for their contribution to public safety.

Submissions will be accepted until October 31, 2010.

For further information or to forward your submission:

Website: www.policereview2010.gov.yk.ca

Email: policereview2010@gov.yk.ca

Phone: 1-800-661-0408 (ext. 3232) In Whitehorse, call 667-3232

Mailing Address:

Review of Yukon’s Police ForceBox 2703 J-1

Whitehorse, Yukon Y1A 2C6

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Notes