The force says the decision infringes on police independence — and that police investigations are not a “service” under Canadian human rights law.

Jessica Buffalo, an assistant professor at the University of British Columbia’s Peter A. Allard School of Law, said the RCMP’s appeal fits a pattern of resistance within the force to changes in policing.

“This is something that is happening over and over again,” said Buffalo, who disagrees with the argument that police aren’t serving individuals in the course of investigations. “You are providing a service that requires people to come and talk to you, to trust you and be very vulnerable with you.”

She said practices that are discriminatory and make victims feel disbelieved erode trust between Indigenous communities and police.