Nishnawbe Aski Police Service signs agreement with Ontario to become an essential service

The Nishnawbe Aski Police Service (NAPS), the largest First Nations police service in Canada, has opted into Ontario's policing legislation — meaning it will be formally considered an essential service.

"Today is nothing short of historic for First Nations policing in Ontario," Solicitor General Michael Kerzner said at a news conference Tuesday with Nishnawbe Aski Nation's (NAN) grand chief, Alvin Fiddler, at Queen's Park in Toronto.

It marks the first time a First Nations police service has opted into Ontario's legislation, according to Kerzner and NAN.

NAPS serves 34 First Nations across northern Ontario, 25 of which are remote. Its coverage area ranges from the Manitoba border and up the James Bay coast over to the Quebec border.

"We knew that from Day 1, there were severe gaps within our police service because it was based on a program … and it was never deemed an essential service," Fiddler said.

"There were a lack of standards in our communities, including lockups, including the fact that a lot of times, our NAPS officers have to work alone."

NAPS was formed in 1994 following negotiations between NAN and the Ontario and federal governments. It was born out of desires among NAN chiefs to provide culturally appropriate policing services in their communities.

The decision to opt into the province's Community Safety and Policing Act (CSPA) comes with a $514-million funding agreement between the province and the Nishnawbe Aski Police Service Board (NAPSB).

It's hoped the funding will help the force expand from more than 260 uniformed officers to over 500 officers.

The CSPA – Ontario's updated framework for policing – came into effect April 1. It includes key changes aimed at improving oversight and accountability within the sector.

"It's been a very difficult 30 years for NAPS, but somehow they've been able to make it work," said Fiddler. "It's been painful at times and people had to die in our communities to get to where we are today."

Inquests recommended NAPS be legislated

NAPS is currently funded through tripartite agreements with the province as well as the federal First Nations and Inuit Policing Program, which NAN says uses "unfair terms and conditions to restrict the level of policing that NAPS offers communities."

NAN is a political territorial organization that represents 49 First Nations across Treaties 9 and 5.

"Now that Ontario has stepped up, NAN is looking to its federal treaty partner to fulfil its roles and responsibilities. Canada must do its part and demonstrate a renewed commitment to the safety of First Nations people," NAN said in a statement Tuesday.

Leading up to this, three inquests into the deaths of First Nations people yielded recommendations for the same legislated policing standards as other communities: 

• The 2009 inquest for Ricardo Wesley and James Goodwin, who died in 2006 following a fire at the police holding facility in Kashechewan First Nation. 
• The 2016 inquest for Lena Anderson, who died by suicide in 2013 in Kasabonika Lake First Nation while being held in custody in a police vehicle.
• The 2017 inquest for Romeo Wesley, who died in 2010 in Cat Lake First Nation after being pepper-sprayed, beaten, handcuffed and stepped on by two police officers.

"All the inquests that have taken place as a result of these tragic deaths have recommended to all the parties that NAPS needs to be legislated, that it needs to be deemed an essential service — and that's where we are today," said Fiddler.

"There's still a lot of work to be done and that's a commitment that we share with Ontario — and we call on Canada as well to remain at the table."

Hopeful 'many sleepless nights' will end

Anna Betty Achneepineskum, deputy grand chief of NAN, said it's important to acknowledge NAPS officers' work with few resources, such as a lack of equipment and vehicles.

"Many of them have worked in conditions that, for most of us, we would have walked away from the job," Achneepineskum said.

"I've always been quite impressed by what Nishnawbe Aski police can accomplish, even without the tools that it should have had. After today, these tools will become available."

NAPS police Chief Terry Armstrong began his career in the fly-in community of Pikangikum 40 years ago after serving as NAPS chief of police between 2013 and 2018.

Armstrong came out of retirement this year to once again lead the service, after Roland Morrison was terminated following an independent investigation.

During Tuesday's news conference, Armstrong spoke of the decades of NAPS understaffing and underfunding.

"Hopefully, the lack of equality and disparity, the lack of funding, the many sleepless nights will come to a bit of an end with the signing of this act," Armstrong said.

"They say the money's there to help us move forward and provide safety to the very deserving members of Nishnawbe Aski Nation."