COMMUNITY

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COVER
Grand Opening of the Smithsonian
National Museum of the American Indian

BIOGRAPHY
I Have a Story To Tell

BOOKS
New Editions From Carr Collection

COMMUNITY
Ask a Cop

CULTURE
Canada's Gift to the National Museum of the American Indian

Defenders of our Sacred Mother

HUMOUR
Bee in the Bonnet: Enough to Drive an Injun Crazy!

ENVIRONMENT
Joint Stewardship Project for Luna Reached on Vancouver Island

HISTORY
Stoney Point History Reveals Burial Site in Provincial Park

POLITICS
Aboriginal Leaders Meet with Ministers on Health Care

In the last article I informed everyone about OPP Bound 2004. It was an initiative to attract aboriginal candidates to the policing profession, preferably the OPP. Well, OPP Bound happened in July and it was a huge success. We had 92 aboriginal candidates from around the province attend our one week "life of an OPP Recruit" camp. It was hands down one of the best weeks I have had during my ten years on the job and ranks right up there with memorable life experiences.

Our people were from all walks of life and professions. The diversity of the candidates was incredible. The week brought out the best in each and everyone that was apart of OPP Bound and our organization is the better for it. Confidence, Commitment and Courage was stressed throughout the week and it impacted everyone.

I spoke to one female candidate at the beginning of the week to see how she was doing. She responded saying this week was not for her and maybe she shouldn't be there but she was going to stick it out. I spoke to her again on the final night and she said, "This week was incredible. I know I will never be a police office but I am a teacher and I will be the best teacher I can be". That is exactly what we wanted. To encourage our people to be the best they can be at whatever they choose to do. The flame was lit inside 92 of our people around this province and we are all better off for it. I wish them all well in their journeys and I congratulate the two that have already been hired by us.

Also in July I participated in "Pulling Together." This was a six-day 110km canoe journey. We had more than 100 aboriginal youth, police officers and community members paddling 10 large Voyageur canoes. The participants were mainly from Ontario but some came from as far as British Columbia and Nova Scotia. Each day we paddled anywhere from 10 km to 37 km. We stopped at various communities along the way and were welcomed with open arms and warm food. The feasts were amazing.

We received traditional teachings at night, had tours of Petroglyphs Park in Peterborough and the Canadian Canoe Museum. This was a great week that had youth, community members and police working together and building relationships along the way. It was hard work all week but sad to see it end. It sure strengthened my already great respect for our ancestors to know how hard they worked every single day.

Now to answer some questions that I have received:

Q#1: In the July issue of First Nations Drum you talk about the missing native women in Canada. But not much is mentioned about what the police are trying to do about this problem. What are the police doing to raise awareness and prevention? Are the police doing anything to protect them? - Michelle, Edmonton

A#1: Thanks Michelle, I know this question was not intended for me but the Staff at First Nations Drum thought I could address it.
It has been made quite clear through research and undeniable statistics that there has been an unequal level of resources put in to the investigations of missing Aboriginal people reported around the country. In some cases we have been seen as "marginalized" people, especially our women over the years.

Over the last several years much focus, attention and resources have been put forward to rectify that problem. I can't speak on behalf of all police services but I can tell you what the OPP and some policing partners have been doing.

The Canadian Association of Chiefs of Police have created a Policing With Aboriginal Peoples Committee consisting of senior officers from First Nations Police Services, RCMP, OPP and Municipal Services along with community representatives from Aboriginal and political grass root organizations.

The focus during that last eighteen months has been on missing Aboriginal persons. A new policy has been presented to all Chiefs of Police and as been adopted broadly. The policy contains Aboriginal specific information and includes concepts like a victim liaison officer that is assigned full-time to the family. A senior investigator will also oversee each case. New partnerships and practices are being created in the areas of data collection and DNA information as well. All agencies communicate and share "best practices" to learn from each other. There has been an exhausting review of existing cases to look for new information, the possible application of new techniques or identifying cultural biases that may have hindered the investigation.

In the spring of 2003 the OPP hosted a Missing Aboriginal Person's Conference in Orillia, ON. A variety of speakers focused on their area of specialty. We were all educated by Freda Ens, Executive Director of the Vancouver Police & Native Liaison Society whom talked about her organization and struggles it has had and still has.

We were also honoured and touched by the emotional speech of Dorthy Purcell. Dorthy is the mother of one of the victims found at the Pickton Farm in B.C. Dorthy discussed the process, roadblocks and racism that she encountered when trying to report her daughter missing.

It is through actions and efforts of people like these two brave women that we learn from our mistakes. We will continue our focus and make any changes that are needed.

Q#2: If I was ever mistreated by the police is there a way I can report it to someone in the police force? -Anonymous

A#2: Every police service that I know of has some type of complaint process. You would have to ask at the specific service. For example, our complaint process in the OPP is set out by the Ontario Civilian Commission on Police Services.

There are two types of complaints and they relate to 1) Policies of, or services provided by a police service or 2) Conduct of a police officer.

Only the person directly affected by the incident may make a complaint. A complaint must be in writing and signed by the person making the complaint. The complaint may be in a letter or in a standard form, available from any police station or from the OCCPA office in Toronto. A complaint must be mailed, faxed or delivered to any municipal police station or detachment, officer of the police service named in the complaint, or to the OCCPS office.
I hope this helps Anonymous, unless of course you are talking about me then you are not allowed to complain. Just kidding!

Q#3: Could you tell me what you think of the Supreme Court's new ruling on searching an individual's pockets? I'm not exactly certain what the ruling is but could you tell me the best way to deal with a search of my person and what I should do in case I get stopped. -Danny, Ajax

A#3: Thanks Danny. I have asked around and can't find any mention of a new Supreme Court Ruling on searches, however, I will relate what I do know. There are many situations that give officers the authority to search a person. I will mention a few of them.

1) Reasonable and probable grounds to believe a person is hiding evidence or possibly a weapon on their person. For example: I see someone walking down the road drinking a beer and as I approach they place it in their inside jacket pocket. Well I can say that I have reasonable and probable grounds that the person is hiding a beer. I have the legal authority to search that person. This brings me to a second reason.

2) Incident to arrest. Upon arrest I have the authority under "common law" to search a person for my safety, the public's safety and for the safety of the individual being arrested. I may find weapons, evidence and possible tools of escape.

There is more but I don't think I have enough room to begin writing about the powers of search warrants.

I would suggest that any time you are being stopped or dealing with police the best approach is being cooperative. The officer will always be the one that has to articulate why he has stopped you, whether that is at the time of incident or in court.

As stated in the previous columns the First Nations Drum and I are open to any questions that you may have. I will answer all questions forwarded to me as truthfully and as openly as I can. If you would like a direct response to you and you only please include a return email address with your comment or question.

Nia:wen

Gary Maracle