Indigenous Justice Strategy: A Reconciliation Milestone

tansi ninôtemik,

Truth and Reconciliation Commission Call to Action #42 is one of eighteen Calls to Action dedicated to addressing reconciliation efforts needed in the area of justice in the legal system.[1] #42 calls upon the government “to commit to the recognition and implementation of Aboriginal justice systems in a manner consistent with the Treaty and Aboriginal rights of Aboriginal peoples, the Constitution Act, 1982, and the United Nations Declaration on the Rights of Indigenous Peoples.”[2]

In 2021, the United Nations Declaration on the Rights of Indigenous Peoples Act [UNDA] came into force.[3] At long last (i.e., 14 years after the UNDRIP was initially released), this legislation affirmed Canada’s recognition of the UNDRIP. UNDA also provided a “framework to advance federal implementation of the [UNDRIP], ensur[ing] sustained and continued efforts to uphold the human rights of Indigenous peoples now and in the future and contains measures to hold the federal government accountable.”[4] 

Around this time, in furtherance of UNDA action plan #28 calling for increases in access to justice and advancing self-determination, the Attorney General of Canada and the Minister of Justice were mandated to develop an Indigenous Justice Strategy [IJS] “in consultation and cooperation with Indigenous partners, provinces, and territories.”[5] The goal of the IJS is to address systemic discrimination and the overrepresentation of Indigenous peoples in the justice system (as victims and offenders).

The IJS was officially released earlier this month. Through its 26 distinction-based and holistically approached action items, the IJS “sets out a vision and priority areas to guide collaborative work… to advance transformative reforms throughout the criminal justice system and to support the revitalization of Indigenous laws and legal orders.”[6] A central component of the IJS is to support and advance self-determination and self-governance – seeking to ”contribute to implementing the [UNDRIP] and [act as] a vehicle for further advancing First Nations, Inuit and Métis self-determination and the revitalization of First Nations, Inuit and Métis laws and legal systems.”[7]

The creation of the IJS is a considerable feat. Indeed, the road involved many developments in domestic and international law. However, this Canadian State-led Strategy is owed to the enormous amount of advocacy, volunteering, and calls to action done at grassroots levels, domestically and internationally, to advance Indigenous rights. In particular, the work in British Columbia through the BC First Nations Justice Council (BCFNJC). The BCFNJC was developed initially by BC First Nations through cooperation and collaboration initiatives, which was later

endorsed by the Province and Canada in

2020.[8]

Shortly following the release of the IJS, the BCFNJC announced its support in a public statement. The statement added: “In five years, BCFNJC and partners have made remarkable progress toward critical justice system transformation. Advancements include the transition of Gladue Services from Legal Aid BC to BCFNJC, the establishment of 15 Indigenous Justice Centres across BC 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.”[9]

So far, there is overwhelming support for and optimism about IJS, especially in light of the success of the BCFNJC. We are eager to see the IJS used to create a meaningful shift in the judicial landscape in Canada. As expressed by the IJS: “The [IJS] is one step on the path of reconciliation and healing for current and future generations.”[10] We agree: this is just one step, but a big step! 

ekosi.

The ReconciliACTION Team

[1] Truth and Reconciliation Commission of Canada, Truth and Reconciliation Commission of Canada: Calls to Action (Winnipeg: Truth and Reconciliation Commission of Canada, 2015).

[2] Ibid at 4.

[3] United Nations Declaration on the Rights of Indigenous Peoples Act, SC 2021, c 14.

[4] “About the Act,” Government of Canada (accessed 23 March 2025), online: <justice.gc.ca> [perma.cc/D6DN-WTMQ].

[5] United Nations Declaration on the Rights of Indigenous Peoples Act Implementation Secretariat - Department of Justice Canada, “The United Nations Declaration on the Rights of Indigenous Peoples Act Action Plan," Department of Justice Canada (accessed 23 march 2025), online (pdf): <justice.gc.ca> [perma.cc/KDA5-HRMS] at 32; Department of Justice Canada, “Canada’s First Federal Indigenous Justice Strategy to Address Systemic Discrimination and Overrepresentation in the Canadian Justice System,” Government of Canada (10 March 2025), online: <canada.ca> [perma.cc/N3KA-TB4A] [Canada's First]. 

[6] Canada’s First, ibid.  

[7] “Indigenous Justice Strategy,” Department of Justice (March 2025), online(pdf): <justice.gc.ca> [perma.cc/EE3A-253F] at 6.

[8] Statement released by the BC First Nations Justice Council, “The BC First Nations Justice Council Welcomes Canada’s Indigenous Justice Strategy with Optimism and Support” (18 March 2025), online(pdf): <bcfnjc.com> [perma.cc/YU89-4493] at 1.

[9] Ibid at 2.

[10] Supra, note 7.

Photo: “Indigenous Justice Strategy,” Government of Canada (accessed 23 March 2025), online: <justice.gc.ca> [perma.cc/9PJX-A8U3].