The single-spaced 46-page document was developed by the federal government over more than four years, taking into account extensive consultations with Indigenous community members, representative organizations and governments, as well as with provincial and territorial governments.
The federal plan’s dual focus is on specific strategies and actions to address systemic discrimination and the over-representation of Indigenous people in contact with the justice system and to support the revitalization of Indigenous laws and legal orders.
As an initial blueprint aiming to help achieve “long-term, transformative and sustainable positive change,” the strategy contains few specific federal commitments on implementing the 26 multi-pronged “action items” sought by First Nations, Inuit and Métis (for example, the words “explore” and “seeks to” appear in the document 18 and 19 times respectively).
For the most part Ottawa vows, in at least 27 different places in the document, to engage in “continued collaborative action” on Indigenous-identified priorities, via further “consultation and cooperation” with “Indigenous partners” and the provinces and territories.
The government notes that “long-term and predictable funding” is key, and “will be needed in the longer term to support full implementation of the strategy.”
Indigenous Peoples’ “self-determination” is a foundational precept of the document.
“The Indigenous Justice Strategy seeks to support First Nations, Inuit and Métis peoples’ exercise and full enjoyment of their rights to self-determination and self-government, including facilitating and increasing their involvement in developing, maintaining and implementing their own jurisdiction, laws, governing bodies, programs and services in the areas of justice and public safety,” the government says.
The federal Indigenous Justice Strategy “seeks to advance the priorities of First Nations, Inuit and Métis communities to reclaim jurisdiction over the administration of justice in collaboration with the provinces and territories, and revitalize First Nations, Inuit and Métis laws, legal orders, legal institutions and legal systems and traditions,” Ottawa says.
The federal government “acknowledges” this requires Indigenous governments and representative organizations to have access to “ongoing, long-term and stable financial resources in order to fulfill their roles and responsibilities and ensure peoples’ well-being and ability to thrive.”
Separate “distinctions-based” chapters in the Indigenous Justice Strategy drill down into the specific priorities identified by First Nations, Inuit, and Métis — represented collectively by the Métis National Council, and Métis Nations of Ontario, B.C., Alberta and Saskatchewan — as well as the Red River Métis, represented separately by the Manitoba Métis Federation.
For example, objectives in the chapter on First Nations include that governments “consult and cooperate” with First Nations on legislative options to: “create, review or amend legislation to address systemic discrimination against, and over representation of First Nations with the Canadian justice system,” and “enable First Nations to exercise jurisdiction in relation to administration of justice, including enforcement, prosecution and adjudication of First Nation laws.”
Former federal Justice Minister Arif Virani
“The intensive distinctions-based engagement process undertaken over the past two years was critical to ensure the strategy reflects the specific realities and barriers faced by First Nations, Inuit and Métis, while also respecting their distinct laws, cultures and traditions,” Virani said.
Added Virani’s successor as federal Justice Minister, Gary Anandasangaree, “guided by the United Nations Declaration on the Rights of Indigenous Peoples, the Indigenous Justice Strategy is an important step as we move forward to dismantle these barriers and build a future where Indigenous Peoples can thrive with the dignity, opportunity, and justice that they deserve.”
Federal Justice Minister Gary Anandasangaree
To that end, the strategy specifies overall goals, guiding principles, implementation methods and “priority actions” vis a vis : “collaboration and accountability”; long-term predictable funding; “justice and wellness”; along with actions to improve access to justice and the administration of justice under the rubrics of policing, legislation, corrections and “revitalization and enforcement.”
Among the priority actions to implement, many of which will require federal-provincial-territorial governments’ co-operation to implement, the strategy states that “in consultation and cooperation with First Nations, Inuit and Métis”:
- explore the expansion and support of community-administered correctional services that are designed and delivered by First Nations, Inuit and Métis;
- review and amend current tools used for security classification in institutions, and Gladue reports for sentencing and parole, to reduce barriers and address issues of systemic discrimination;
- develop a national gang-exit strategy in federal correctional institutions, to be implemented and independently led by Indigenous organizations to provide distinctions-based intervention and reintegration support for high-risk First Nations, Inuit and Métis people who wish to exit gang life; and
- examine the accessibility of Gladue services with a view to developing options for national standards on the production of Gladue reports to reduce barriers to accessing Gladue services.
(In 2016/2017, Indigenous adults accounted for 30 per cent of provincial/territorial custody admissions, 27 per cent of federal custody admissions, and 27 per cent of the federal in-custody population, while representing just 4.1 per cent of the Canadian adult population, according to Statistics Canada.)
The unveiling of the federal Indigenous Justice Strategy was welcomed by Indigenous leaders.
“First Nations have long called for action to address the deep injustices within Canada’s legal system, including the over representation of our people and the systemic discrimination that continues to harm our Nations,” Cindy Woodhouse Nepinak, national chief of the Assembly of First Nations, said in a statement.
“The Indigenous Justice Strategy reflects years of advocacy and the direction set by First Nations-in-Assembly to push for that meaningful change,” she said. “We will continue to hold governments accountable to ensure the strategy leads to concrete and sustained change, with long-term funding and full implementation.”
Natan Obed, president of the Inuit Tapiriit Kanatami (ITK), said the national representational organization which advances and protects the rights and interests of the Inuit People, “is pleased with the release of the Indigenous Justice Strategy, whose Inuit chapter was co-developed with ITK and Inuit treaty organizations and provides solutions for improving access to justice for our people through Inuit-led interventions.”
Obed said these organizations look forward to working on the implementation of Inuit priorities “such as developing infrastructure critical to the safety of our communities, supporting community wellness and wrap-around supports to help prevent crime, and ensuring police and corrections services are culturally relevant and responsive to our needs.”
Victoria Pruden, president of the Métis National Council, called the federal Indigenous Justice Strategy “a vital step toward meaningful change” which “seeks to ensure our rights, cultures, and communities are respected within the justice system.”
“Implementation must be swift to immediately address the over-representation of Métis at all levels of Canada’s justice system and uphold self-determined Métis justice systems,” Pruden said.
The B.C. First Nations Justice Council applauded the federal plan, welcoming it with “optimism and support.”
The council noted that British Columbia is the only Canadian jurisdiction with a formal Indigenous justice strategy led by First Nations and Indigenous communities, and supported by the province.
The B.C. roadmap “charts a path for change” with 25 strategies and 42 actions towards reform of the current justice system and restoration of First Nations’ traditional law and legal orders, the council said.
It pointed out that in 2021, Canada, B.C. and the council executed a tripartite memorandum of understanding which calls for the joint implementation of the B.C. First Nations Justice Strategy and contemplates coordination on the national Indigenous Justice Strategy.
To that end, the federal Department of Justice provided funding to 38 Indigenous communities, organizations and governments across the country — reflecting the diversity of perspectives from First Nations, Inuit and Métis, as well as modern treaty and self-government bodies — to undertake their own engagement activities with their members from 2022 to 2024, the B.C. First Nations Justice Council said in its March 18 media release.
“The council is impressed that the contents of the work mirrors much of what we have been working on in B.C. for five years,” the council said. “We call on Canada to prioritize long term sustainable funding for the Nations, communities and organizations that are leading the work and paving the way for true systemic change. We know that investment in our communities and laws will make safer communities, save money, and save lives. Continuing the status quo is not an option.”
The B.C. council said it and its partners “have made remarkable progress toward critical justice system transformation” over the past five years, including transitioning Gladue services from Legal Aid BC to the council; the establishment of 15 Indigenous Justice Centres across B.C. “to offer culturally grounded legal services and wrap-around supports for Indigenous people; the creation of a specialized Indigenous Women’s Justice Plan; and the piloting of a Police Accountability Unit.”
Whether and how the federal Indigenous Justice Strategy will be implemented and funded awaits the election of a new national government in the impending federal election, which media outlets are predicting will be called March 23.
The current Liberal government noted that its 2024 federal budget provided $87 million over five years, starting in 2024-25, and $11.3 million per year ongoing, to renew ongoing Indigenous justice programming at the federal justice department.
This was made up of $56.4 million over five years and $11.3 million per year ongoing for the Indigenous Justice Program and the Indigenous Courtwork Program; $5.5 million over three years to continue work on the Truth and Reconciliation Commission’s Call to Action 50, towards the revitalization of Indigenous laws, legal systems and traditions; and $25.1 million over three years “to renew funding to enable Indigenous peoples’ capacity building and engagement on implementation of the Indigenous Justice Strategy.”
“Justice Canada anticipates that further investments will also be needed in the longer term to support full implementation of the strategy,” the department said in its media release.
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