WHEREAS in the Report on the Ipperwash Inquiry, Justice Sidney Linden noted that Aboriginal occupations and protests will be part of Canadian life and policing for some time. Long-standing, unresolved treaty issues and land claims, pending land development or natural resource right disputes are at the core of events we have witnessed in the past few years and continue to be to this day. Currently there are 139 outstanding land claims in Ontario and
WHEREAS under the Canadian Charter of Rights and Freedom, Section 2, everyone has the following fundamental freedoms:
a) Freedom of conscience and religion;
b) Freedom of thought, belief, opinion and expression, including freedom of press and other media of communication;
c) Freedom of peaceful assembly;
d) Freedom of association, and
WHEREAS under Canadian Charter of Rights and Freedoms, Section 25, the guarantee in this Charter of certain rights and freedoms shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada including:
a) Any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763
b) Any rights or freedoms that now exist by way of land claims agreements or may so be acquired; and
a) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are herby recognized and affirmed.
b) In this Act, “aboriginal peoples of Canada” includes the Indian, Inuit and Métis peoples of Canada.
c) For greater certainty, in subsection (1) “treaty rights” includes rights that now exist by way of land claims agreements or may be so acquired.
d) Notwithstanding any other provision of the Act, the aboriginal and treaty rights referred to in subsection (1) are guaranteed equally to male and female.
THEREFORE BE IT RESOLVED that the Ontario Association of Chiefs of Police supports the need to restore and maintain order so that Aboriginal peoples and governments can negotiate disputes peacefully, effectively and in a timely manner.
RECOMMENDATION 1 – Preserving the Peace (Peacekeeping)
THEREFORE BE IT RESOLVED that the Government of Ontario adopt a policy for preserving the peace (peacekeeping) that addresses:
a) Minimizing the risk of violence at occupations and protests,
b) Preserving and restoring public order,
c) Facilitating the exercise of constitutionally protected rights,
d) Remaining neutral as to the underlying grievance, and
e) Facilitating the building of trusting relationships that will assist the parties to resolve the dispute constructively
as per Ipperwash Inquiry Recommendations Vol. II, #38 and Vol. II, #45.
RECOMMENDATION 2 – Support First Nations Policing
THEREFORE BE IT RESOLVED that the Government of Ontario work with its federal counterparts and with the cooperation of First Nations police services to ensure that adequate resources and infrastructure are accessible for the provision of comprehensive First Nations police services in the province in keeping with the spirit of the Ipperwash Inquiry Recommendation Vol. II, #57.
RECOMMENDATION 3 – Supporting the Provincial and Federal governments in moving to address long-standing, unresolved treaty issues and land claims and natural resource regulations that create unrest for all citizens.
THEREFORE BE IT RESOLVED that the Government of Ontario establish the Treaty Commission of Ontario with the full cooperation of the Federal Government and in cooperation with First Nations of Ontario as per Ipperwash Inquiry Recommendation Vol. II, #1, #2 and #3.