Implementation

The Government of Canada will implement the Indigenous Justice Strategy in consultation and cooperation with First Nations, Inuit and Métis, including Indigenous Modern Treaty Partners and Self-Governing Indigenous Governments. Distinctions-based chapters set out priorities for action from First Nations, Inuit and Métis co-development partners and inform the way in which the Indigenous Justice Strategy will be implemented.

The implementation of many of the priority actions and distinctions-based priorities will also require the cooperation of federal, provincial or territorial governments. Additionally, implementation of many of the priority actions will need to be informed by the specific context in different parts of Canada. For these reasons, a cornerstone of the Indigenous Justice Strategy includes supporting the establishment of collaborative Indigenous-Provincial/Territorial-Federal tables to coordinate and implement shared regional priorities related to justice and wellness.

Canada will work with Indigenous partners through representatives chosen by themselves, in accordance with their own procedures and governance structures, and with provinces and territories as deemed appropriate by those jurisdictions, to establish these tables as soon as functionally possible.

It is through these proposed tables that Canada will work with First Nations, Inuit and Métis to support the advancement of priority actions and distinctions-based actions as agreed by partners in each jurisdiction and as identified in co-developed First Nation, Inuit and Métis chapters, notably by prioritizing work and by developing cost estimates.

It is acknowledged that the specific form that actions might take, roles partners might play, and timelines for action, will require agreement between First Nation, Inuit and Métis, including Indigenous Modern Treaty Partners and Self-Governing Indigenous Governments, provincial and territorial governments and the federal government, as appropriate, at the regional level (for example, within a given province or territory). It is also acknowledged that implementation will depend on each party’s capacity and the jurisdiction. It is also possible that amendments to Modern Treaty, Self-Governance (MTSG) agreements may be required in certain circumstances.

It is acknowledged that governance and accountability are critical elements for supporting positive justice and wellness outcomes with Indigenous partners. Canada will work with partners to determine appropriate evaluation tools for reporting, monitoring and evaluation of the Indigenous Justice Strategy’s implementation.

Canada supports the proposal of additional regional priority actions that members of regional tables identify as necessary for addressing overrepresentation and systemic discrimination and related justice matters, in addition to the Priority Actions in the Indigenous Justice Strategy.

Justice Canada (JUS), Public Safety Canada (PS), the Royal Canadian Mounted Police (RCMP), Correctional Service of Canada (CSC), the Parole Board of Canada (PBC), Indigenous Services Canada (ISC), Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) and Statistics Canada will work together to support the implementation of Priority Actions and distinctions-based priorities as agreed with First Nations, Inuit and Métis through the proposed regional tables.

Priority actions

  • Theme: Collaborative relationship and accountability

    Priority Action 1 (JUS)

    In consultation and cooperation with First Nations, Inuit and Métis, develop and prioritize the implementation of distinctions-based and self-determined justice needs, including First Nations, Inuit and Métis distinction-based priorities.

    Priority Action 2 (JUS, PS, CSC, RCMP, ISC, CIRNAC)

    Establish and support Federal-Provincial-Territorial-Indigenous tripartite and Federal-Indigenous bilateral justice-related tables for the implementation of the Indigenous Justice Strategy, for the purpose of:

    1. undertaking administration of justice negotiations
    2. undertaking discussions on the revitalization of Indigenous laws and legal orders
    3. prioritizing region-and community-specific action items for justice service reform
    4. supporting and undertaking program/service integration
    5. identifying potential legislative amendments or creation of new legislation
    6. other relevant actions needed to implement the Priority Actions

    Seek to allocate ongoing resources and administrative support for such tripartite or bilateral tables.

    Priority Action 3 (JUS)

    In consultation and cooperation with First Nations, Inuit and Métis, seek to establish governance, accountability and reporting mechanisms for Indigenous Justice Strategy implementation, including indicators to measure progress, that reflect First Nation, Inuit and Métis ways of knowing and understanding, which is supported by data collection and reporting methods that prioritize First Nations, Inuit and Métis data sovereignty and governance.

    Priority Action 4 (JUS, PS, CSC, RCMP, Statistics Canada)

    In consultation and cooperation with First Nations, Inuit and Métis, work on the advancement of data sovereignty through distinctions-based data collection, disaggregation and disclosure of data related to justice services and programs, including interactions and experiences of First Nations, Inuit and Métis individuals with justice systems and institutions.

    Priority Action 5 (RCMP, CSC, PBC, JUS, PPSC)

    Work with and, where possible, support First Nations, Inuit and Métis to identify, implement or develop and deliver training and learning models for cultural learning for justice system practitioners to build and improve awareness of the histories, cultures and circumstances of First Nation, Inuit and Métis peoples, including the ongoing effects of colonialism.

  • Theme: Long-term and predictable funding

    Priority Action 6 (JUS)

    Simplify Justice Canada funding models to reduce administrative burden and support more flexible, predictable, sufficient, distinctions-based and community-controlled justice research and programming. Explore the application of Justice Canada funding models to provide for institutional needs including infrastructure.

    Priority Action 7 (JUS)

    In consultation and cooperation with First Nations, Inuit, Métis and (where applicable), in collaboration with provinces and territories, undertake a distinctions-based, regionally-focused needs assessment and costing analysis to identify gaps in existing justice services for future service and program funding.

    Priority Action 8 (JUS, PS, CSC, ISC)

    In consultation and cooperation with First Nations, Inuit, Métis and (where applicable), in partnership with provinces and territories, seek to explore options to expand existing justice programs and initiatives (or facilitate creation of new programs and initiatives) that are designed and delivered by First Nations, Inuit and Métis.

  • Theme: Justice and wellness

    Priority Action 9 (JUS, PS, ISC, CIRNAC)

    Work with and where possible, support First Nations, Inuit and Métis, and work with provinces and territories, to research, develop and expand use of distinctions-based or culturally safe and appropriate programming to support First Nations, Inuit and Métis processes that promote rehabilitation, reintegration and healing.

    Priority Action 10 (JUS, PS, RCMP)

    Increase access to First Nations, Inuit- and Métis-led, culturally safe and appropriate and trauma informed victim services and supports by supporting:

    • multisectoral partnerships in order to provide wrap-around, comprehensive and meaningful support to keep all Indigenous victims, survivors and families of MMIWG2S+ safe, help them navigate the systems they are engaged in and advocate for their needs and rights
    • continuous and accessible community-led healing programs
    • partnerships and strengthened collaboration between First Nations, Inuit and Métis and all levels of government and various justice agencies to identify and implement actions (policies, law reform, directives) that will reduce the harm experienced by First Nations, Inuit and Métis people who are victims and survivors of crime when engaged in the justice system, as well as addressing the inter-sectoral and inter-jurisdictional challenges that impact their ability to access justice

    Priority Action 11 (JUS, CSC, RCMP, PBC)

    Expand the hiring of, and seek to allocate appropriate resources for, First Nations, Inuit and Métis who hold cultural knowledge, including Elders, knowledge keepers and other community members to work within Justice institutions. This includes exploring options to facilitate work within justice institutions to provide distinctions-based and culturally safe and appropriate support to First Nations, Inuit and Métis people interacting with the Canadian justice system.

    Priority Action 12 (JUS)

    In consultation and cooperation with First Nations, Inuit and Métis and in collaboration with provinces and territories, explore establishing or expanding integrated, holistic Indigenous Community Justice Centres to provide culturally-safe and appropriate, distinctions-based and trauma informed wrap-around case management and supports that facilitate community reintegration, healing and access to justice for Indigenous people.

    Priority Action 13 (CSC, JUS)

    Explore expanding First Nations, Inuit and Métis control and access to community-run alternatives measures pre and post sentencing for First Nations, Inuit and Métis people in the Canadian justice system to support distinctions-based, culturally safe and appropriate responses to justice that promote healing and wellness.

  • Theme: Administration of justice and access to justice - policing

    Priority Action 14 (JUS, PS, RCMP)

    Support First Nations, Inuit and Métis communities in accessing professional, dedicated, responsive, policing services and strengthening relationships between police and communities.

  • Theme: Administration of justice and access to justice - corrections

    Priority Action 15 (JUS, PS, RCMP, CSC)

    In consultation and cooperation with First Nations, Inuit and Métis and in collaboration with provinces and territories, seek to develop, expand and implement integrated, holistic, distinctions-based and culturally safe and appropriate case management and wrap-around supports for First Nations, Inuit and Métis people in custody to support reintegration and healing.

    Priority Action 16 (CSC, PS, JUS) 

    In consultation and cooperation with First Nations, Inuit and Métis, explore the development of equitable funding models that prioritize and increase the provision of community-led correctional services to Indigenous offenders including healing lodges (that is, s. 81 of the Corrections and Conditional Release Act S.C. 1992, c. 20).

    Priority Action 17 (CSC, PS, JUS)

    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.

    Priority Action 18 (CSC)

    In consultation and cooperation with First Nations, Inuit and Métis and in collaboration with provinces and territories, 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.

    Priority Action 19 (CSC)

    In consultation and cooperation with First Nations, Inuit and Métis, 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.

    Priority Action 20 (JUS, CSC)

    In consultation and cooperation with First Nations, Inuit and Métis and in collaboration with provinces and territories, 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.

  • Theme: Administration of justice and access to justice - revitalization and enforcement

    Priority Action 21 (JUS, PS, ISC, CIRNAC)

    Consult and cooperate with First Nations, Inuit and Métis on potential changes to federal policy and fiscal frameworks for the negotiation of tripartite or bilateral agreements to facilitate adequate and effective enforcement, prosecution and adjudication of First Nation, Inuit and Métis laws (for example, through modern treaties, self-government agreements and other constructive arrangements).

    Priority Action 22 (JUS, CIRNAC)

    Consult and cooperate with First Nations, Inuit and Métis on potential changes to federal policy and fiscal frameworks for the implementation of modern treaties, self-government agreements and other constructive arrangements in order to facilitate adequate and effective enforcement, prosecution and adjudication of Indigenous law.

    Priority Action 23 (JUS, PS, RCMP, CIRNA, ISC,)

    Ongoing negotiation and implementation across Canada of tripartite or bilateral agreements to facilitate adequate enforcement, prosecution and adjudication of local First Nations, Inuit and Métis laws (for example, through modern treaties, self-government agreements and other constructive arrangements).

    Priority Action 24 (JUS)

    Support First Nations, Inuit and Métis governments and representative institutions to build capacity to revitalize and operationalize their laws, legal systems and legal institutions, including through research and knowledge-exchange and to interconnect these with the broader Canadian justice system, as appropriate.

  • Theme: Administration of justice and access to justice - legislation

    Priority Action 25 (JUS)

    Consult and cooperate with First Nations, Inuit and Métis on potential legislative options to create, review or amend legislation to address systemic discrimination against and overrepresentation of Indigenous people in the Canadian justice system.

    Priority Action 26 (JUS)

    Consult and cooperate with First Nations, Inuit and Métis on potential legislative options to recognize and enable First Nations, Inuit and Métis peoples to exercise jurisdiction in relation to administration of justice, including enforcement, prosecution and adjudication of First Nation, Inuit and Métis laws.

Our gratitude

We are deeply grateful for the involvement of all Indigenous people, including First Nations, Inuit, and Métis governments, Indigenous Modern Treaty partners and Self-Governing Indigenous governments Indigenous representative organizations, urban and rural Indigenous communities, Indigenous women’s and intersectional organizations, Friendship Centres, and the Indigenous participants who are or have been incarcerated as well as municipal, provincial and territorial governments. We appreciate those who supported the work of the inquiries. Without their participation and invaluable contributions, the Indigenous Justice Strategy would not have been possible.

We give special thanks to the participants who volunteered their time and shared their personal and lived experiences with us.