Frequently Asked Questions

The proposed Indigenous Justice Strategy is informed by a vision based in Indigenous holistic, trauma-informed understandings of justice and Indigenous ways of knowing and healing.

The Strategy outlines 7 themes with priority actions for transformative reforms throughout the criminal justice system, to meaningfully address systemic discrimination and the overrepresentation of First Nations, Inuit and Métis in contact with the criminal justice system:

1. Collaborative relationship and accountability
2. Long-term and predictable funding
3. Justice and wellness
4. Administration of justice and access to justice – policing
5. Administration of justice and access to justice – corrections
6. Administration of justice and access to justice – revitalization and enforcement
7. Administration of justice and access to justice – legislation

The Strategy also includes three chapters co-developed with First Nations, Inuit and Métis partners that specify unique, distinctions-based principles and priorities, to further advance self-determination, and the revitalization of First Nations, Inuit, and Métis laws, legal systems and traditions.

We look forward to the ongoing implementation, in consultation and cooperation with Indigenous peoples, and in collaboration with provinces and territories, of an Indigenous Justice Strategy that reflects the needs, and is informed by the lived experiences of Indigenous peoples across Canada.

The Indigenous Justice Strategy is intended will guide collaborative action to address the harmful, lasting effects of colonialism, such as laws, policies and approaches that negatively impact First Nations, Inuit and Métis people in contact with the Canadian justice system.

The Strategy is a holistic, Indigenous-informed vision and strategy setting out priority areas of action and cooperation across the entire justice system, and aims to build new and innovative systems to address the root causes of overrepresentation.

The Strategy  will help advance transformative measures to reduce overrepresentation that align with the following principles and goals:

• Self-determination – this includes facilitating and increasing Indigenous peoples’ involvement in developing, maintaining and implementing their own jurisdiction, laws, governing bodies, programs and services in the areas of justice and public safety
• Collaborative relationships – regular, meaningful, good-faith and ongoing collaboration between First Nations, Inuit and Métis governments and representative organizations, and provincial, territorial, and federal governments
• Distinctions-based approach – respecting the diversity of First Nations, Inuit and Métis laws, legal systems and traditions; the self-determined needs and priorities of Indigenous governments and representative organizations; as well as the needs of Indigenous people interacting with the Canadian justice system
• Justice as wellness – this includes the need to restore individual and collective wellness
• Holistic approach – this includes the revitalization of First Nations, Inuit and Métis cultures, societies, families and relationships, and advocating for holistic approaches to justice aimed at addressing the root causes of violence and injustice
• Strength-based, trauma-informed, culturally safe and appropriate intersectional approach – upholding the dignity of First Nations, Inuit and Métis in their interactions with the justice system and all preventative, rehabilitative and healing services and supports, and taking an inclusive and intersectional approach that considers the social determinants of intersecting identities
• Access to justice – reducing barriers to justice and providing more Indigenous-led, culturally safe and appropriate, trauma-informed, justice supports for Indigenous people navigating the Canadian justice system
• Administration of justice – advancing priorities of First Nations, Inuit and Métis communities to reclaim jurisdiction over the administration of justice in collaboration with the provinces and territories, and revitalizing Indigenous laws, legal orders, legal institutions, legal systems and traditions
• Long-term and predictable funding – for First Nations, Inuit and Métis governments and representative organizations to fulfil their roles and responsibilities and ensure people’s wellbeing and ability to thrive
• Accountability – actionable and sustained implementation, including co-developed evaluation tools and frameworks that reflect Indigenous ways of knowing, understand and healing

Engagement on the Indigenous Justice Strategy was intended to be broad and inclusive and respect the rights of the distinct Indigenous peoples in Canada to participate in decision-making that could impact them and their communities.

Justice Canada worked to ensure that First Nations, Inuit, and Métis all had space to reflect their own unique perspectives and needs in the Indigenous Justice Strategy.

As part of the Indigenous-led engagement process, Budget 2021 provided $11 million in funding, until March 2024, to support Indigenous-led engagement, as well as collaboration between Indigenous groups and the government, as a first step towards developing a Strategy. Justice Canada provided funding to 38 First Nations, Inuit, and Métis representative groups, governments, and organizations from across the country to undertake their own engagement activities with members from 2022 to 2024.

As part of the Justice Canada-led engagement process, Justice Canada arranged in-person and virtual meetings with over 1,200 First Nations, Inuit, and Métis people and organizations located across Canada. People with Lived Experience (PWLE) engagement sessions were held in response to participant feedback from Wave 1 engagement that incarcerated people needed their own opportunities to inform the Strategy. PWLE engagement sessions, organized in partnership with Correctional Service Canada, engaged approximately 230 Indigenous people who are currently incarcerated as well as frontline workers such as Elders, Indigenous Liaison Officers, Program Officers, and an Indigenous Probation Officer.

The Key Elements Consultation Draft was developed based on what we learned from Indigenous partners and communities and presented the key takeaways from both Indigenous and Justice Canada-led engagement.

Justice Canada worked with National Indigenous Organizations—Assembly of First Nations (AFN), Inuit Tapiriit Kanatami (ITK) and the Inuit Justice Working Group (Nunatsiavut Government, Makivvik, Nunavut Tunngavik Inc., and Inuvialuit Regional Council), Manitoba Métis Federation (MMF), the Métis National Council (MNC) (which at the time included Métis Nation of Saskatchewan (MNS), Métis Nation of Ontario, Métis Nation of British Columbia, and Métis Nation of Alberta)—and Modern Treaty Partners Cree Nation Government and Délı̨nę Got’ı̨nę Government to co-develop adjustments to the Consultation Draft and three additional distinctions-based chapters in the Indigenous Justice Strategy. The co-development process included reviewing the Consultation Draft, confirming shared priority items to include in the Strategy, and ensuring that the Strategy reflects Indigenous-led approaches to address overrepresentation and systemic discrimination in the criminal justice system.

Throughout the planning and implementation of this engagement, an intersectional GBA Plus approach was applied to encourage a diverse representation of Indigenous voices and perspectives, including Indigenous women, 2SLGBTQI+ people, youth, Elders, as well as those living in urban settings and those with lived experience in the Canadian justice system.

Full reports and summaries of the engagement discussions are available on the Indigenous Justice Strategy’s Publications page.

Provinces and territories play an important role in the administration of justice in Canada. Collaboration with provinces and territories on advancing the Indigenous Justice Strategy will be critical to its success moving forward.

Provinces and territories were invited to participate in the Justice Canada-led engagement sessions with Indigenous partners and other key stakeholders, as well as in the validation and feedback process on the Key Elements Consultation Draft. The Indigenous Justice Strategy also leverages past work done by federal, provincial and territorial officials that aimed to address the overrepresentation of Indigenous youth and adults in the justice system.

Continued collaboration on implementing the Strategy and other ongoing measures to address the overrepresentation of Indigenous peoples in the justice system will be essential to this work.

As a next step, we look forward to continuing to work together with provincial and territorial governments, alongside Indigenous partners and other key stakeholders, in developing regional, cost-shared implementation plans for the Indigenous Justice Strategy.

Justice Canada recognizes that addressing systemic discrimination and overrepresentation of Indigenous people in the justice system requires the resources and support of other federal departments and agencies.

For this reason, Justice Canada has worked closely with Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC), Indigenous Services Canada (ISC), Public Safety Canada, Correctional Services Canada (CSC), the Royal Canadian Mounted Police (RCMP), and others, since 2021, to support the development of the Indigenous Justice Strategy.

Intergovernmental collaboration will continue as part of our efforts to foster a more systemic, coordinated and whole-of-government approach to address the urgent crisis of Indigenous overrepresentation in the justice system, improve community safety, and support the revitalization of Indigenous laws.

Budget 2024 provided $87 million over five years, starting in 2024-25, and $11.3 million per year ongoing, to renew important Indigenous justice programming at Justice Canada, including:

• $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 TRC Call to Action 50 towards the revitalization of Indigenous laws, legal systems and traditions
• $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 United Nations Declaration on the Rights of Indigenous Peoples Act Action Plan was released on June 21, 2023, and includes multiple commitments and Action Plan Measures to address systemic discrimination and the overrepresentation of Indigenous peoples in the justice system.

Shared Priority Action Plan Measure 28 (in Chapter 1: Shared Priorities) identifies Justice Canada, Public Safety Canada, and various departments as leads to increase access to justice for Indigenous peoples, strengthen communities and advance self-determination by:

• Finalizing an Indigenous Justice Strategy
• Providing on-going support for community-led work and initiatives related to revitalization and enforcement of Indigenous laws and legal orders

Shared Priorities Action Plan Measure 60 also identifies commitments by the Correctional Service of Canada in relation to reducing disproportionate Indigenous population in correctional facilities through consultation, education, funding and cooperation for policing and restorative justice initiatives, expanding Healing Lodge capacity and other initiatives aimed at improving outcomes for Indigenous offenders.

The implementation of these Action Plan Measures needs to be undertaken in consultation and cooperation with Indigenous peoples. Implementation progress will be reported through the annual reports tabled in Parliament, as stipulated in the UN Declaration Act.

The Strategy also responds to a number of Calls to Action from the Truth and Reconciliation Commission (specifically 30, 31, 32, 34, 38, 40, 42 and 50), the Office of the Correctional Investigator’s 10 Years Since Spirit Matters report Recommendation 2, and Calls for Justice 5.1 through 5.25 from the National Inquiry into Missing and Murdered Indigenous Women and Girls that relate to addressing systemic discrimination and the overrepresentation of Indigenous people in the Canadian justice system, both as victims and offenders.