A Fractured Trust: Policing Indigenous Communities on Turtle Island
The relationship between Indigenous communities on Turtle Island (North America) and the police is not merely strained; it is fundamentally fractured, rooted in a history of colonialism and sustained by systemic injustices. Far from being impartial protectors, police forces have historically served as instruments of state control, enforcing policies designed to dispossess and assimilate Indigenous peoples. Today, this legacy manifests in a complex, often contradictory reality: Indigenous communities are simultaneously over-policed and under-protected, experiencing disproportionately high rates of incarceration alongside inadequate responses to serious crimes, including the crisis of Missing and Murdered Indigenous Women, Girls, and Two-Spirit People (MMIWG2S+). This article delves into the historical context, current challenges, and the urgent calls for transformative change in policing Indigenous communities.
The Colonial Blueprint: Policing as an Instrument of Control
To understand the present, one must confront the past. In both Canada and the United States, modern policing arrived in Indigenous territories not as a neutral arbiter of justice, but as an enforcement arm of colonial expansion. The Royal Canadian Mounted Police (RCMP), for instance, was instrumental in enforcing the Indian Act, a draconian piece of legislation that governed nearly every aspect of Indigenous life. Their duties included forcibly removing children to Residential Schools, suppressing traditional ceremonies, and relocating communities. In the United States, federal agents and local law enforcement played similar roles, enforcing policies of forced assimilation and the seizure of Indigenous lands.
This history imprinted a deep-seated mistrust. For generations, the sight of a police uniform has often evoked fear, trauma, and a reminder of state-sanctioned violence and cultural suppression, rather than safety and justice. This historical context is not merely anecdotal; it is a foundational element in understanding the current distrust and resistance many Indigenous peoples feel towards mainstream law enforcement agencies. As many Indigenous leaders assert, "The police did not come to protect us; they came to control us."
The Dual Crisis: Over-Policing and Under-Protection
Today, Indigenous communities face a paradoxical reality: they are subjected to excessive police scrutiny for minor offenses, leading to alarming incarceration rates, while simultaneously experiencing a profound lack of adequate protection when serious crimes occur.
In Canada, Indigenous adults comprise approximately 5% of the national population but represent over 30% of federal inmates. The numbers for Indigenous youth are even more stark. Similar disparities exist in the United States, where Indigenous people are incarcerated at rates significantly higher than their non-Indigenous counterparts, often for crimes that would result in lesser penalties or alternative interventions for non-Indigenous individuals. This over-policing often stems from implicit bias, racial profiling, and the criminalization of poverty and social issues that disproportionately affect Indigenous communities due to historical dispossession and systemic neglect.
Conversely, the crisis of MMIWG2S+ stands as a chilling testament to under-protection. The National Inquiry into MMIWG2S+ in Canada, in its 2019 final report, concluded that a "genocide" had occurred, citing systemic discrimination by police as a major contributing factor. Families have consistently reported dismissive attitudes, inadequate investigations, and a lack of urgency from police when reporting missing loved ones. Victims’ cases often go unsolved, and families are left without answers, perpetuating a cycle of grief and injustice. "When our loved ones go missing, the police often tell us they just ran away, or that it’s a ‘lifestyle choice,’ instead of treating it as a serious crime," laments a community advocate, reflecting a pervasive experience. This stark contrast – aggressive enforcement for minor infractions versus a passive response to grave violence – underscores the deep-seated inequities in the justice system.
External Forces: RCMP, Provincial, and State Police
The majority of policing services in Indigenous communities across Turtle Island are provided by external forces such as the RCMP in Canada, or state and county police in the US. These forces often operate under complex jurisdictional arrangements, leading to confusion and gaps in service.
A persistent critique leveled against these external forces is their lack of cultural competency and understanding. Officers are often deployed to Indigenous communities without adequate training in Indigenous history, languages, cultural protocols, or traditional justice systems. This can lead to misinterpretations of behavior, escalations of conflict, and a failure to build trust. Furthermore, the transient nature of postings means that officers rarely stay long enough to develop meaningful relationships or gain an understanding of local dynamics.
Accountability is another major concern. Incidents of excessive force, racial profiling, and even death in police custody disproportionately affect Indigenous individuals. The justice system’s response to these incidents often lacks transparency and accountability, leading to widespread frustration and a perception that police are above the law when it comes to actions against Indigenous people. High-profile cases, though painful to recount, serve as stark reminders of the lethal consequences of this broken trust.
Internal Solutions: First Nations Police Services
In recognition of these challenges, some Indigenous communities have taken steps to establish their own, self-administered police services. These First Nations or Tribal police forces represent a crucial step towards self-determination and community-led justice. They are often staffed by Indigenous officers who understand the local culture, speak the language, and have a vested interest in the well-being of their communities.
The advantages of Indigenous-led policing are significant. Officers are more likely to employ culturally appropriate approaches, prioritize restorative justice practices over punitive measures, and build stronger relationships based on trust and mutual respect. As one First Nations police chief noted, "We are part of the community, not just policing it. We understand the intergenerational trauma, the family dynamics. That changes how we respond to calls."
However, these services face immense challenges. They are often severely underfunded compared to their federal and provincial counterparts, leading to resource shortages, inadequate training, and difficulties in recruitment and retention. Their jurisdiction can be limited, and they often still operate under the legislative frameworks of the federal or provincial governments, rather than under fully self-determined Indigenous laws. This means they are not always truly autonomous, limiting their ability to fully implement culturally relevant justice systems. The goal for many communities is not just Indigenous officers, but fully Indigenous justice systems that reflect their inherent sovereignty.
The Path Forward: Decolonizing Justice
Addressing the profound issues in policing Indigenous communities requires more than incremental reforms; it demands a fundamental decolonization of justice. This multifaceted approach includes several critical components:
- Increased Funding and Support for Indigenous Police Services: Providing equitable and sustainable funding for First Nations and Tribal police is paramount. This would allow for better training, more resources, improved infrastructure, and competitive salaries, strengthening their capacity to serve their communities effectively and autonomously.
- True Self-Determination in Justice: Indigenous nations must have the right to develop and implement their own justice systems, rooted in their traditional laws and practices. This includes control over policing, courts, and restorative justice programs, moving away from systems imposed by colonial powers.
- Mandatory and Comprehensive Cultural Competency Training: All non-Indigenous police officers working in or near Indigenous communities must receive extensive, ongoing training in Indigenous history, cultures, worldviews, and the specific issues facing the communities they serve. This training must be developed and delivered by Indigenous educators.
- Enhanced Accountability Mechanisms: Independent, Indigenous-led oversight bodies are needed to investigate complaints against police and ensure accountability for misconduct. This would help rebuild trust and address the perception of impunity.
- Focus on Root Causes and Restorative Justice: Instead of criminalizing poverty, addiction, and mental health issues, resources must be invested in community-led solutions that address the root causes of crime. This includes robust support for housing, education, healthcare, and cultural revitalization programs. Restorative justice practices, which focus on healing and reconciliation rather than punishment, should be prioritized.
- Addressing the MMIWG2S+ Crisis: Implement all recommendations from inquiries and reports, ensuring that police forces treat cases involving Indigenous people with the same urgency and thoroughness as any other. This requires systemic changes in police attitudes, investigation protocols, and collaboration with Indigenous families and communities.
The relationship between Indigenous communities and the police on Turtle Island is a microcosm of the larger colonial legacy. It is a story of broken treaties, forced assimilation, and systemic injustice. Rebuilding trust and achieving true safety and justice requires a radical shift in approach – one that recognizes Indigenous sovereignty, invests in Indigenous-led solutions, and fundamentally decolonizes the concept and practice of law enforcement. Until these foundational changes occur, the shadow of a fractured trust will continue to loom large over Indigenous communities, perpetuating cycles of harm and denying the inherent right to safety and self-determination. The time for meaningful, transformative change is long overdue.
