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POLICE CHARGING POLICIES & DOMESTIC VIOLENCE - Native ...

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11. Chapter 6 - Discerning the Role of Tribal PoliceWhat is the role of tribal versus local police, including the R.C.M.P., in domesticviolence situations involving aboriginal women?Forty-three individuals responded to the question concerning the role of tribal police andthe local police in domestic violence situations involving aboriginal women. The majorityof respondents could not answer this inquiry since tribal policing services wereunavailable in their area.a) No Tribal Police Role<strong>Native</strong> Justice ResponseIn Canada, the Royal Canadian Mounted Police can enforce the Criminal Code. A tribalpolice force has not been formed in some territories and provinces.Police ResponseThe majority of aboriginal communities fall under the jurisdiction of the Royal CanadianMounted Police. There are no tribal police in Saskatchewan, the Yukon Territory, or inthe Northwest Territories. Where there are no tribal police, some respondents reportedtribal leaders can work with the whole community to change social behaviour.b) Jurisdictional Matters<strong>Native</strong> Justice ResponseOne respondent stated that the Royal Canadian Mounted Police have jurisdiction intheir particular area. Another individual said there is no role for tribal police, butemphasized that an aboriginal justice committee was being formed. Sometimes 'tribalpolice members' are seen as part of the community, but the Royal Canadian MountedPolice is seen as an external police force. In one situation, where a tribal police forcewas established in an aboriginal community, they did have the authority to handle abusecases. The role of the tribal police and local police was thought to vary according themultiple factors such as the police officer's knowledge and awareness of violenceagainst women. If the situation is life-threatening, the Royal Canadian Mounted Policeare called in to investigate.Police ResponseBand constables enforce Indian Act band by-laws and the Royal Canadian MountedPolice enforce the criminal law. Indian Act Bands are sometimes consulted forsuggestions on sentencing when they have no police force. When tribal Councillors areused in domestic violence situations, one police respondent stated, that they are 'rarelynotified until after the incident' and usually no charges are requested or needed. ThePg. 36

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