Canada's Assembly of First Nations national Chief says governments will remain accountable to see inaugural federal strategy addressing systemic issues and overrepresentation of Indigenous people in the country's justice system produce "concrete and sustained change".
On March 10, Canada's Minister of Justice and Attorney General Arif Virani released the country's first Indigenous Justice Strategy, a requirement mandated in January 2021, and delivered after co-development and consultation with First Nations, Inuit and Métis community and representative groups.
Indigenous Canadians are overwhelmingly overrepresented within the country's legal system.
According to Statistics Canada, incarceration rates of Indigenous people were around nine times higher than non-Indigenous people in 2020-21 - including 17.4 times over-representation in Saskatchewan.
In the same period, on an average day that year there were 42.6 Indigenous people in provincial custody per 10,000 population compared to 4.0 non-Indigenous people.
Indigenous women were over-represented in provincial correctional facilities at 15.4 times higher than non-Indigenous women.
The Strategy document outlines 26 "areas of priority identified by Indigenous partners, across distinctions, based on engagements, for addressing systemic discrimination and over-representation of Indigenous people in the justice system".
"Based in holistic, trauma-informed understandings of justice, the Indigenous Justice Strategy aims to implement progressive and transformative reforms throughout the justice system to meaningfully address systemic discrimination and the over-representation of First Nations, Inuit, and Métis people in contact with the Canadian justice system," the documents reads. "The Indigenous Justice Strategy acknowledges that Indigenous understandings of justice are notably rooted in healing, wellness, respect and community."
It also acknowledges "the ongoing legacy of colonialism that includes laws, policies and approaches that translate into negative outcomes for First Nations, Inuit and Métis people in contact with the Canadian justice system".
"For generations, First Nations, Inuit, and Métis have faced systemic and institutional discrimination," Minister of Crown-Indigenous Relations Gary Anandasangaree said.
Assembly of First Nations National Chief Cindy Woodhouse Nepinak said "action to address the deep injustices within Canada's legal system" has been long called for.
"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.
"This work has been shaped by the leadership of First Nations, and we acknowledge the efforts of the B.C. First Nations Justice Council and others who have contributed to advancing First Nations-led justice solutions.
"The Strategy must be implemented in a way that respects First Nations laws, legal traditions, and self-determination.
"First Nations are already exercising their inherent rights to revitalize their legal systems and lead community-based justice initiatives. We will continue to hold governments accountable to ensure the Strategy leads to concrete and sustained change, with long-term funding and full implementation."
The strategy also highlights key Indigenous Priorities;
- Collaborative relationship and accountability
- Long-term and predictable funding
- Revitalization of First Nations laws and legal systems
- Reform of the Canadian criminal justice system
Key reform directions are outlined as: Justice and wellness, policing, corrections and legislative reforms.
From 2021, $74.8 million was allocated from Canada's budget 'to improve access to justice for Indigenous people and support the development of an Indigenous justice strategy to address systemic discrimination and the overrepresentation of Indigenous people in the justice system' over three years.
The 2024 budget committed $87 million over five years from 2024-25, and $11.3 million per year ongoing, for 'important Indigenous justice programming at Justice Canada'.
"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 tradition," Minister of Justice and Attorney General Arif Virani said of the strategy.
"Experience has taught us that we will only make real progress in addressing overrepresentation of Indigenous peoples in the criminal justice system if we work holistically, across the entire justice system. And we must do this in partnership with Indigenous peoples, as well as with provinces and territories. The Strategy will guide us in this important collaborative work going forward."
Métis National Council president Victoria Pruden added the strategy is "a vital step toward meaningful change".
"This strategy reflects our shared commitment to addressing the unique needs of Métis citizens and seeks to ensure our rights, cultures, and communities are respected within the justice system.
"By working together, we move closer to a future where justice is truly equitable, and the voices of the Métis Nation are heard and upheld. 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."