Indigenous Justice Strategy Key Elements Consultation Draft

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This document reflects the information gathered during Wave 1 and Wave 2 of Justice Canada-led engagements on an Indigenous Justice Strategy (IJS), as well as information provided by 38 federally-funded Indigenous groups. It is meant for discussion purposes only.

Vision

Acknowledging that Indigenous understandings of justice are rooted in healing, wellness, balance and community, the IJS is a framework to revitalize Indigenous laws and legal systems and implement reforms to meaningfully address systemic discrimination and to reduce the overrepresentation of Indigenous people in contact with the Canadian justice system through ongoing cooperation and collaboration.

Goals of the Indigenous Justice Strategy

Proposed Strategic Initiatives: Short, Medium and Long-term

The actions outlined below reflect recommendations received from participants in the IJS engagement and are for initial discussion purposes only.

Justice Canada acknowledges the distinct realities and needs of First Nations, Inuit, and Métis across the country. Applying and implementing agreed-upon actions would be done in close partnership with Indigenous communities, provinces and territories. This would ensure that these measures respect cultural and geographic differences, as well as the unique circumstances of Elders, women, youth, 2SLGBTQIA+ people, and urban/rural-dwelling Indigenous people. As the development of a final IJS progresses, action items will continue to be identified and prioritized through ongoing collaboration with First Nation, Inuit and Métis partners.

Shared Priority Action

Proposed Short-term (1-2 years)

  • Collaborate with Indigenous partners to prioritize distinctions-based areas for action and paths for implementation including the development of First Nation, Inuit and Métis Justice Strategies (JUS)
  • Explore changes to Justice Canada funding models to reduce administrative burden and support more flexible, predictable, sufficient, community-controlled justice research and programming (JUS)
  • Explore the establishment of governance, accountability, and reporting mechanisms for IJS implementation including indicators to measure progress (JUS)
  • Engage with Indigenous partners on possible options for legislative changes that address overrepresentation of Indigenous people in the Justice system (JUS)
  • Support Federal-Provincial-Territorial-Indigenous tripartite and Federal-Indigenous bilateral justice-related tables to oversee and coordinate implementation of the IJS: undertake administration of justice negotiations and discussions on revitalization of Indigenous laws, legal systems and traditions; prioritize region- and community-specific action items for justice service reform; support program/service integration; and identify additional options for legislative amendments (JUS, PS, ISC, CIRNAC)
  • Work with Indigenous, provincial, and territorial partners to research, develop, and/or expand the use of culturally-tailored programming to support Indigenous justice processes that promote rehabilitation and healing (JUS, PS, CSC, ISC)
  • Continue to support Indigenous communities in accessing professional, dedicated and responsive policing services (PS)
  • Explore integrated, holistic, and culturally-responsive case management and wrap-around supports for Indigenous persons in custody to support reintegration and healing (JUS, PS, RCMP, CSC)
  • Review current tools used for security classification in institutions, and Gladue reports for sentencing, to reduce barriers and address issues of systemic discrimination (CSC)
  • Establish a National gang-exit strategy in federal correctional institutions implemented and led by independent Indigenous organizations to provide intervention and support for high-risk Indigenous individuals who wish to exit gang life (CSC)
  • Expand access to culturally-responsive, Indigenous and community-led, trauma-informed victim services and supports including support for the families missing and murdered Indigenous women and girls, and 2SLGBTQIA+ people, in a way that is consistent with Federal Pathway commitments (JUS, PS)
  • Expand hiring of Elders, including appropriate resourcing and supports, to work within Justice institutions to provide culturally-appropriate support to Indigenous people interacting with the justice system (JUS, CSC)
  • Work with Indigenous organizations to identify meaningful models for cultural learning for justice system practitioners to improve awareness of the history, culture and circumstances of Indigenous people, including the ongoing effects of colonialism. Explore process for funding Indigenous-led organizations to develop and deliver these trainings (RCMP, CSC, JUS, PPSC)

Proposed Medium-term (2-3 years)

  • Undertake a regionally-focused justice service needs/costing analysis to identify gaps and needs for future federal service and program funding (JUS)
  • Explore federal policy and fiscal frameworks for the negotiation and implementation of tripartite or bilateral agreements to facilitate adequate and effective enforcement, prosecution, and adjudication of local Indigenous laws (e.g., through modern treaties, self-government agreements, and other constructive arrangements) (JUS, PS, ISC, CIRNAC)
  • Explore expanding federal support, in partnership with provinces and territories, for holistic Indigenous Community Justice Centres for culturally-sensitive wrap-around supports and referrals to address social determinants of justice with particular attention to addiction, Child and Family Services (CFS) involvement, sexual exploitation, and gang-involvement (JUS)
  • Explore expanding control and access to community-run alternatives to sentencing for Indigenous people in federal custody to support culturally appropriate justice responses, healing and wellness (PS, CSC)
  • Explore federal support for the establishment of independent, Indigenous-led bodies to support research, knowledge exchange, capacity-building and to provide advice to First Nations, Inuit and Métis governments seeking to revitalize and operationalize their legal systems and interconnect them with the broader Canadian justice system, as appropriate (JUS)
  • Improve distinctions-based data on outputs and outcomes of Indigenous justice initiatives and experiences with the Canadian justice system (JUS)

Proposed Long-term (3-5 years and beyond)

  • Explore options to expand existing justice programs and initiatives that are designed and delivered by Indigenous communities and organizations for Indigenous people, including support for necessary physical infrastructure (JUS, PS, CSC, ISC)
  • Ongoing negotiation and implementation across Canada of tripartite or bilateral agreements to facilitate adequate and effective enforcement, prosecution and adjudication of local Indigenous laws (e.g., through modern treaties, self-government agreements and other constructive arrangements) (JUS, PS, CIRNAC, ISC, PPSC)
  • Explore options for ongoing resources and administrative support for inclusive regional tripartite or bilateral tables for justice and social service integration (JUS, PS, CIRNAC, ISC)
  • Explore options to support equivalent funding models for all s. 81 healing lodges to increase access to community-led lodges (CSC)
  • Consultation and cooperation on potential legislative options aimed at recognizing and enabling First Nations, Inuit and Métis justice systems including enforcement of laws and reclamation of jurisdiction over administration of justice (JUS)