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RCMP Must Enforce First Nation Laws

Full Title: An Act to amend the Royal Canadian Mounted Police Act

Summary#

This bill changes the Royal Canadian Mounted Police Act to clearly include First Nation laws in the RCMP’s core duties. It adds a definition of “First Nation law” and amends RCMP duties so officers must prevent offences against those laws and execute warrants issued under them (Clause 1; RCMP Act s.2(1), s.18(a)–(b) as amended). If enacted, it would take effect on Royal Assent because no delayed start is stated.

  • Adds a legal definition of “First Nation law,” covering bylaws under the Indian Act, land management laws, and laws under federal self‑government agreements (Clause 1).
  • Requires RCMP peace officers to prevent offences against First Nation laws, not only federal and provincial laws (s.18(a) as amended).
  • Requires RCMP to execute warrants issued under First Nation laws (s.18(b) as amended).
  • Applies to RCMP members; it does not change duties of non‑RCMP police services (Bill scope).
  • Does not include funding, new programs, or regulations; it is a duty‑clarifying amendment (Bill text).

What it means for you#

  • Residents on First Nation lands: RCMP officers would have a clear duty to enforce First Nation laws and bylaws, similar to how they enforce federal and provincial laws (s.18(a)–(b) as amended). Timing: on Royal Assent.
  • Workers and businesses on First Nation lands: RCMP could execute warrants and address offences under First Nation laws at your workplace or business sites (s.18(b) as amended). Timing: on Royal Assent.
  • First Nation governments: RCMP duties would explicitly cover prevention of offences against your laws and execution of related warrants, which may support local enforcement and compliance (Clause 1; s.18(a)–(b) as amended). Timing: on Royal Assent.
  • RCMP members and detachments: Your statutory duties would expressly include First Nation laws, in addition to federal and provincial laws. Internal policies and training may be updated by the RCMP, though the bill does not direct this (s.18(a)–(b) as amended).
  • Provincial, territorial, and municipal governments: No direct change to your laws. Coordination with RCMP on overlapping jurisdictions may need review, but the bill provides no new procedures (Bill text).

Expenses#

Estimated net cost: Data unavailable.

  • No appropriation, new fund, or fee change in the bill (Bill text).
  • No official fiscal note identified. Data unavailable.
  • The bill changes duties but does not specify resources, staffing, training, or implementation costs. Data unavailable.

Proponents' View#

  • Clarifies authority and duty: Naming “First Nation laws” in s.18 aims to remove doubt about RCMP powers to prevent offences and execute warrants under those laws (s.18(a)–(b) as amended).
  • Supports self‑government: Recognizes laws made under the Indian Act, land management regime, and federal self‑government agreements, which may improve compliance and community safety (Clause 1; s.2(1)).
  • Streamlines warrant work: Explicit text on executing warrants under First Nation laws could reduce hesitation or delays when RCMP act on such warrants (s.18(b) as amended).
  • Low administrative burden: The bill is short and does not create new bodies or programs; supporters may expect limited fiscal impact because no spending is authorized (Bill text; assumption noted).

Opponents' View#

  • Redundancy concern: RCMP already enforce “laws in force in any province” and federal laws; adding “First Nation laws” could be seen as unnecessary or could create interpretive complexity (compare prior s.18 with amended s.18(a)–(b) (Clause 2; Clause 1)).
  • Implementation risk: The bill adds duties but provides no guidance, training mandate, or resources. Enforcement of diverse First Nation laws may be uneven without support (Bill text; assumption flagged).
  • Jurisdictional overlap: Some First Nations have their own police services. The bill does not set coordination rules, which could cause duplication or tension (Bill text; assumption flagged).
  • Legal process questions: The bill defines “First Nation law” broadly but does not detail which bodies issue warrants or how they are recognized across jurisdictions, leaving procedure to existing frameworks (s.2(1) definition; s.18(b) as amended).
Indigenous Affairs
Criminal Justice