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Secrétariat aux affaires autochtones

AGREEMENT ON POLICE SERVICES
BETWEEN QUÉBEC
AND KAHNAWAKE

WHEREAS Kahnawake and Quebec have signed a "Statement of Understanding and Mutual Respect" and a "Framework Agreement" on October 15, 1998 which establishes the basis of their relationship; and

WHEREAS Kahnawake and Quebec concur in the "Framework Agreement" that the Mohawks of Kahnawake govern themselves through the Mohawk Council of Kahnawake and exercise their rights through this Council; and,

WHEREAS Kahnawake, Quebec and Canada have signed, in September 1995, an agreement respecting police services in the Kahnawake territory, which has proved beneficial to all parties; and,

WHEREAS, with a strong sense of their respective culture, language, custom, laws and traditions, Kahnawake and Quebec have agreed to negotiate with mutual respect for their national identities and each other's history and territorial occupation; and,

WHEREAS Kahnawake and Quebec wish to continue working jointly to ensure the maintenance, in the Kahnawake territory, of effective, efficient, professional and culturally sensitive police services, in accordance with the needs and expectations of the people concerned; and,

WHEREAS Kahnawake and Quebec have agreed in the "Statement of Understanding and Mutual Respect" that Kahnawake shall continue to exercise its prerogatives to conclude agreements with other governments, in the application of its jurisdiction through its legal institutions, and in accordance with its priorities; and

WHEREAS Kahnawake and Canada have entered and may enter into complementary arrangements with respect to policing; and,

WHEREAS Kahnawake, Quebec and Canada wish to take counsel together concerning the exercise of their respective powers as regards the delivery of policing services.

NOW THEREFORE KAHNAWAKE AND QUEBEC (THE PARTIES) TO THIS AGREEMENT AGREE TO THE FOLLOWING:

OBJECT OF THE AGREEMENT


1. This Agreement is intended to maintain a framework for effective cooperation between the parties with a view to ensuring order, peace and public security within the Kahnawake territory and to establish functional relations between the parties in this respect. It also establishes the contribution of Québec, in addition to the contribution of Canada, to financing the Kahnawake police force (hereinafter Peacekeepers).
2. For the purpose of this Agreement, the Kahnawake territory is deemed to consist of the territory over which Kahnawake has jurisdiction.
3. The preamble is an integral part of this Agreement.

SCHEDULES

4. The following schedules are hereby incorporated into and constitute part of this Agreement:

Schedule I - Provisions of the Code of Ethics of Kahnawake Peacekeepers
Schedule II - Eligibility - Hiring standards


POLICE FORCE

5. Kahnawake undertakes to maintain the Peacekeepers, as duly constituted under the authority of the Mohawk Council of Kahnawake and responsible for maintaining peace, order and public security within the Kahnawake territory, for the prevention of crime and offences pursuant to the laws applicable within the Kahnawake territory and to seeking out offenders.

The parties recognize that this police force, known as the Peacekeepers, is of a distinctive nature and therefore, the provisions of this agreement shall not be interpreted as meaning that the Kahnawake police force is either a provincial or municipal police force.

6. It is agreed that the members of the Kahnawake Peacekeepers will exercise their powers as employees of the Mohawk Council of Kahnawake under the direction of a chief of police (hereinafter Chief Peacekeeper) under the authority of the Peacekeepers Administration Board (hereinafter PAB).

INDEPENDENCE OF THE POLICE FORCE AND ACCOUNTABILITY

7. It is agreed that, in order to ensure the independence of the Peacekeepers, the Mohawk Council of Kahnawake will maintain the PAB as the entity accountable to the Community for the activities of the Peacekeepers and responsible for establishing its goals, objectives, priorities and management policies and for overseeing their administration.
8. Kahnawake undertakes to ensure that the Chief Peacekeeper exercises authority that is independent of the Council, its members or staff in respect of the performance of the Chief Peacekeeper's duties.
9. It is agreed that the Council, its members, staff and any agency that the Council establishes must refrain from issuing directions to the Chief Peacekeeper and members of the Kahnawake Peacekeepers with regard to specific operating decisions or the day-to-day operations of the Peacekeepers, except as provided for by the Kahnawake Peacekeepers Law.

ELIGIBILITY - HIRING STANDARDS

10. It is understood that, to become a member of the Kahnawake Peacekeepers, an applicant must meet the standards of the "Kahnawake Peacekeepers Law" as listed in Schedule II.

SWEARING-IN

11. It is agreed that members of the Kahnawake Peacekeepers will be sworn in before they assume their duties, as stipulated in the Kahnawake Peacekeepers Law.

CODE OF PROFESSIONAL CONDUCT

12. It is agreed that provisions in Schedule I will govern the professional conduct of the members of the Kahnawake Peacekeepers.

Any failure or omission concerning a duty or a standard of conduct referred to in Schedule I constitutes a derogatory act and may result in the imposition of a penalty upon a complaint lodged by any person in accordance with the applicable laws.
13. A complainant who is a Mohawk of Kahnawake shall follow the procedure provided under the "Kahnawake Peacekeepers Law".
14. A complainant who is not a Mohawk of Kahnawake shall follow either the procedure provided under the "Kahnawake Peacekeepers Law" or, at his or her choice, the procedure provided under the Police Organisation Act.
15. The Commissaire à la déontologie policière will enter into a written protocol with the PAB about the treatment of:
a) complaints referred to in sections 13 and 14
b) complaints made by a Mohawk against a member of any Quebec police force.

16. When the Comité de déontologie sits in relation to a complaint against a member of the Kahnawake Peacekeepers, the member who presides must come from an aboriginal community.

LIAISON COMMITTEE

17. The Liaison Committee as established is the advisory body responsible to oversee the administration of this Agreement and of the complementary agreement between Kahnawake and Canada.
18. Kahnawake Police Liaison committee shall consist of, but not be restricted to, four (4) members with representation as follows:
a) two (2) member named by Kahnawake;
b) one (1) member named by Québec;
c) one (1) member named by Canada.

19. The liaison Committee shall meet whenever necessary, but at least once every two (2) months.
20. The principal responsibilities of the Liaison Committee shall include:
a) maintaining a forum for liaison and the promotion of cooperation among Québec, Kahnawake and Canada;
b) review and facilitate the training needs of police officers working within the Kahnawake territory and making recommendations regarding: the choice of police training institutions; the development and implementation of an annual training plan; other programs such as secondments, exchanges and specialized training;
c) overseeing the development and implementation of the provisions of article 22 of this Agreement regarding mutual assistance and operational cooperation among the Kahnawake Peacekeepers, the Sûreté du Québec and the Royal Canadian Mounted Police and the implementation of any other agreement that has been or may be developed between the Kahnawake Peacekeepers and any other police service;
d) receiving annual activity reports and submitting them to the parties to this Agreement;
e) reviewing annual and special budgetary requests and submitting them to the parties to this Agreement;
f) making the appropriate recommendations to the parties to this Agreement concerning the implementation of this Agreement;
g) overseeing the implementation of the arrangements between the Commissaire à la déontologie policière and the PAB under section 15 of this Agreement.

The Parties to this Agreement undertake to inform the Liaison Committee in writing on a timely basis of any matter of substantial concern, to any of the Parties, that may have an adverse impact on policing. In such a case, the parties shall provide the Liaison Committee with a mandate to resolve the issue or to provide recommendations to the parties.

It is understood that the Liaison Committee would be provided with a minimum time frame of 30 days within which to report back to the parties with options to resolve the matter. It is further understood that the Liaison Committee may provide interim and/or permanent solutions to the issue.

Within the period specified in the previous paragraph, the parties agree to make every effort to resolve the matter that is deemed to have an adverse impact on policing as well as every effort to avoid the commission of any action or holding of any event likely to aggravate the situation under examination by the parties.

IMPEDIMENTS

21. The Parties agree to submit to the Liaison Committee any omision, disagreement or situation that they deem prevents the application of any or all of the provisions in this Agreement with a view to resolving the problem.

Should the problem persist beyond the minimum time frame of 30 days after the date on which it was brought to the attention of the Liaison Committee, the party that submitted the problem may send to the other party written notice of the termination of this Agreement in accordance with article 37.

COOPERATION AMONG POLICE FORCES

22. It is understood that this Agreement is not intended to modify the mandates attributed by law to the Sûreté du Québec, the RCMP and the Kahnawake Peacekeepers.

The parties agree that the Sûreté du Québec and the Kahnawake Peacekeepers must take the necessary steps to ensure mutual assistance and cooperation with respect to the effective monitoring of compliance with applicable legislation.

The Parties further agree that signed operational protocols have been or could be developed as between the Peacekeepers and the Sûreté du Québec, the Peacekeepers and the RCMP, and the Peacekeepers and the MUC. Such other police forces as are found to require a working relationship with the Peacekeepers may also develop a protocol with the Peacekeepers.

FINANCING

23. Quebec agrees to contribute, in conjunction with Canada, to the financing of the Kahnawake Peacekeepers. This contribution shall not be higher than 48% of the Kahnawake Peacekeepers annual budget, as negotiated by the Liaison Committee.
24. Quebec's contribution, for the term of this Agreement, shall be as follows:
1999 - 2000 : 1 224 000$
2000 - 2001 : 1 272 000$
2001 - 2002 : 1 320 000$
2002 - 2003 : 1 320 000$
2003 - 2004 : 1 320 000$

25. Moreover, the parties agree to the following provisions respecting the aforementioned financial contribution:
a) Quebec will pay its financial contribution referred to in article 24 to the Mohawk Council of Kahnawake annually, in installments scheduled as follows:

50% of Quebec's share stipulated in Article 24 shall be paid in an initial installment in the first week of June;

25% of Quebec's share stipulated in Article 24 shall be paid in a second installment in the first week of October, and

25% of Quebec's share stipulated in Article 24 shall be paid in a third installment in the first week of February;
b) For the purpose of this Agreement, the annual financial contribution of Quebec referred to in article 24 is subject to approval by the National Assembly of the necessary appropriations.
c) Quebec and Kahnawake agree to the following terms, over and above the terms already provided for in the present Agreement:

Kahnawake shall ensure that the financial contribution paid by Quebec for the Kahnawake Peacekeepers is used to maintain a level and quality of policing in Kahnawake consistent with applicable norms and standards.

Kahnawake agrees to provide the Liaison Committee, within ninety (90) days of the end of the Mohawk Council of Kahnawake's fiscal year, with an audited financial statement on the financial operations related to the implementation of the present agreement.

26. In addition, due to exceptional circumstances, and, in conjunction with Canada, Québec agrees to an additional yearly contribution for improvement to Peacekeepers infrastructures over the term of this agreement. Quebec's annual contribution in the amount of $152,000. shall be made in a single payment annually in first week of May.
27. Québec can, for reasonable cause and following a written notice of such cause addressed to the Mohawk Council of Kahnawake, appoint an independent auditor to review the financial records maintained by the Mohawk Council of Kahnawake with respect to the costs of the Kahnawake Peacekeepers and the costs related to the implementation of the present Agreement. Kahnawake agrees to provide access to such financial records.
28. In the event that there is a surplus, in any given fiscal year, in the actual operating cost of the Kahnawake Peacekeepers, the Mohawk Council of Kahnawake will undertake to transfer such surplus to the subsequent fiscal year and to use the surplus for police related purposes. Such transfer of surplus from one fiscal year to the next shall not affect the annual financial contribution of Quebec as determined by agreement between Quebec and Kahnawake.

INSURANCE

29. Kahnawake undertakes to have the Mohawk Council of Kahnawake take out general fire and theft insurance as well as employer-employee liability insurance in an amount of not less than 2 000 000 $ per incident and 5 000 000 $ maximum for all incidents, against bodily injury or material damage of any kind that may be caused to third parties by the Kahnawake Peacekeepers, the special body accountable to Council established pursuant to article 7 of this Agreement or their respective members, employees, officers or agents in the performance of this Agreement. Canada and Québec shall be named as co-insured parties in the insurance policies. Kahnawake shall provide to Québec proof of such insurance as soon as possible after the signing of this Agreement.

IMPLEMENTATION OF THE AGREEMENT

30. Québec undertakes to adopt as quickly as possible the measures necessary to ensure the implementation of this Agreement.
31. The Mohawk Council of Kahnawake undertakes to adopt as quickly as possible the measures necessary to ensure the implementation of this Agreement.

LEGAL AND CONSTITUTIONAL GUARANTEES

32. This Agreement has been concluded between Québec and the Mohawks of Kahnawake in the spirit of cooperation for the purpose of harmonization of police services and is without prejudice to current or future negotiations concerning Canada/Québec/Kahnawake relations or any other agreement likely to result from such negotiations.
33. This Agreement is not intended to be an agreement or a treaty as contemplated in section 35 of the Constitution Act, 1982 nor is it to be interpreted in any way as abrogating, derogating, negating or recognizing any aboriginal, treaty or other rights.

TERM OF THIS AGREEMENT

34. Notwithstanding the date on which this Agreement is executed, it shall be in effect from April 1, 1999 to March 31, 2004, subject to the termination provisions contained in this Agreement, and article 29.
35. This Agreement may be renewed or extended according to conditions agreed upon in writing by the parties.

AMENDMENTS

36. The parties may, by written agreement, amend this Agreement or conclude subsidiary agreements on provisions respecting police services that are not stipulated in this Agreement.

The procedure stipulated in articles 30 and 31 of this Agreement will apply, as the case may be, to give effect to such amendments or subsidiary agreements.

TERMINATION

37. The Agreement may be terminated at the end of 90 days from the date of submission of a notice of termination by either party to this Agreement, unless the parties agree otherwise prior to the expiry of this deadline subject to articles 17 to 20.
38. In the event the Agreement is terminated, the Liaison Committee will recommend to the parties the transitional or final measures to be adopted.
39. Upon termination of this Agreement by any party, the Mohawk Council of Kahnawake will :
a) ensure that all outstanding accounts have been satisfied for goods provided or services rendered to the Kahnawake police force up to and including the day of termination; and
b) refund 48% of unexpended funds to Québec within 90 days of the termination of this Agreement.


GENERAL PROVISIONS

40. dvenant qu'une disposition quelconque de la présente entente soit déclarée nulle ou invalide par un ribunal compétent, les autres dispositions conserveront leur plein effet et les parties s'engagent à emédier, dans les meilleurs délais, à cette nullité ou invalidité de manière à ce que les objectifs echerchés par cette entente soient atteints.

Signed on the _____ of _____ 1999.

On behalf of Québec,

_______________
Guy Chevrette
Ministre délégué aux Affaires autochtones

On behalf of Kahnawake,

_______________
Grand Chief
Mohawk Council of Kahnawake

_______________
Serge Ménard
Ministre de la Sécurité publique

Signature gouvernementale
Secrétariat aux affaires autochtones
905, avenue Honoré-Mercier, 1er étage - Québec (Qc)  G1R 5M6 - 418 643-3166
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