Justice

Next steps

This Call to Action is complete.

Recent progress

The Government of Canada continues to rely on the Directive on Civil Litigation Involving Indigenous Peoples to inform the approach it takes in historical abuse litigation processes.

Next steps

The government is considering different approaches for engaging provinces and territories who are implicated in this call to action by asking them to review and amend their respective limitations legislation. Some provinces, such as British Columbia, are adopting their own provincial Directives on Civil Litigation Involving Indigenous Peoples to address these limitations issues.

Recent budget investments

Childhood Claims are addressed on a case-by-case basis.

Budget 2021 provided $3 million for Childhood Claims to support ongoing efforts to resolve Childhood Claims outside of the courts. While this funding is not exclusive to responding to Call to Action 29, this would include supporting exploratory discussions, negotiations, joint research and joint expert contracts and other related litigation and resolution expenses.

Recent progress

The Government of Canada continues to work with the parties to implement the Sixties Scoop, McLean and Gottfriedson settlement agreements and will continue to take steps to address claims outside of the courts, wherever possible.

Next steps

The Government of Canada continues to work collaboratively with the plaintiffs, their counsel and Indigenous leadership to identify options to resolve Childhood Claims outside of the courts wherever possible.

Background and Current Status

The overrepresentation of Indigenous people in the justice system is a serious and complex issue, rooted in systemic discrimination and the legacy of colonialism. While it cannot be addressed alone by the Correctional Service of Canada (CSC), CSC can play an important role in ensuring incarcerated Indigenous individuals are prepared to re-enter the community at their earliest eligible date, and successfully reintegrated so they do not return to the correctional system, through the provision of culturally-relevant programming and services.

CSC is committed to improving outcomes for all Indigenous people serving federal sentences, through ongoing and sustained collaboration with many criminal justice system partners, including various levels of government, agencies, organizations, and community stakeholders.

CSC recently appointed a Deputy Commissioner for Indigenous Corrections (DCIC). The DCIC's role is to ensure appropriate attention and accountability for Indigenous issues in the correctional system and address the overrepresentation of Indigenous people in federal custody.

What's happening?

With the Federal Pathway to Address Missing and Murdered Indigenous Women, Girls and 2SLGBTQQIA+ People (federal pathway), the Government of Canada has affirmed its commitment to co-develop an Indigenous justice strategy to address systemic discrimination and the over-representation of Indigenous peoples in the justice system.

Since January 2016, the Government of Canada has allocated funding, created programs and introduced new policies, initiatives and legislation to respond to this call to action.

Specific work will be done to implement Gladue Principles that would:

• contribute to addressing systemic barriers
• increase the involvement of Indigenous communities in rehabilitating offenders
• reduce the risk of future harm

In addition, the Government of Canada will invest in research and data collection to better understand the role of different social systems in preventing involvement with the criminal justice system. This includes establishing national standards regarding missing persons reports and improving the collection and use of disaggregated data to address the over-representation of Indigenous victims, survivors and offenders in the criminal justice system and experiences with police, courts and correctional services.

In July 2021, to respond to gaps in data in the area of Indigenous peoples' involvement in the criminal courts, Justice Canada published the Indigenous peoples in criminal court in Canada: An exploration using the Relative Rate Index report. This first-of-its-kind research study estimates the overrepresentation of Indigenous peoples in Canadian criminal courts and assesses the extent to which Indigenous accused experience different outcomes, relative to non-Indigenous accused.

Program funding

The Government of Canada has invested in community-based justice programs that provide support to Indigenous peoples in the justice system and offer alternatives to mainstream justice processes, in appropriate cases.

Budget 2017 provided approximately $12.7 million in on-going funding for the Indigenous Justice Program and $10 million over 5 years to support the Indigenous Community Corrections Initiative. Additionally, Budget 2016 increased on-going funding for the Indigenous Courtwork Program by $4 million.

Initiatives and policies

In 2018, federal, provincial and territorial deputy ministers responsible for justice and public safety tasked their officials with developing a Pan-Canadian Strategy to Address the Overrepresentation of Indigenous peoples in the Criminal Justice System. Federal provincial and territorial representatives are engaging with Indigenous communities and organizations and working together to develop this strategy and a corresponding action plan.

Justice Canada is working with some Indigenous communities to develop administration of justice agreements to strengthen community-based justice systems and support self-determination.

The Royal Canadian Mounted Police (RCMP) has been working with federal, provincial and regional partners to increase the use of restorative justice and increase referrals to community and Indigenous (traditional) justice programs pre-charge. In 2019 the RCMP introduced mechanisms to track the number of restorative justice referrals and are working towards a 5% increase in referrals over the next 3 years.

Annual reporting

In May 2019, the first performance monitoring framework for the Canadian criminal justice system was released. 1 of the 9 outcomes included in the framework is that the criminal justice system reduces the number of Indigenous peoples in the system.

Ensuring the criminal justice system identifies the proportion of Indigenous to non-Indigenous victims and survivors and accused or convicted persons is critical to know if there has been a reduction. This outcome is measured by the representation of Indigenous individuals among:

• victims of homicide and other violent crimes
• persons accused of homicide
• admissions to the correctional system
• persons under correctional supervision
• dangerous offender classifications

Results from this framework are available in an annual State of the Criminal Justice System Report and through the interactive State of the Criminal Justice System Dashboard.

Legislative response

In 2018 the Government of Canada introduced Bill C-75: An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts. Enacted in 2019, this legislation made changes to the bail system and provided a new tool to address administration of justice charges to help reduce overrepresentation.

In the 2020 Speech from the Throne and January 2021 supplementary mandate letters, the Government of Canada reaffirmed its commitment to advancing reforms to address systemic inequities in our criminal justice system, while holding offenders to account, protecting victims and keeping our communities safe.

Recent budget investments

The Indigenous Offenders Reintegration Contribution Program allocated $600,000 towards contributions to Indigenous and non-profit organizations for programs and reintegrative services in 2022 to 2023. That amount has increased to $900,000 in 2023 to 2024 and for 2024 to 2025 the amount will be $1,500,000. The first contribution agreement was signed in the prairie region with Str8up to provide Indigenous offender gang disaffiliation services. The fund also supports contracts providing reintegration services to Indigenous individuals in the areas of trauma counselling and addictions.

Contracts have been awarded to regions with funding for reintegration services including trauma counselling, addiction services and other important interventions.

Correctional Service of Canada (CSC) also allocates funding from the National Budget to support Indigenous initiatives with approximately $2.2 million dollars to:

• pathways initiatives
• cultural and spiritual support and interventions
• National Elders Working Group
• Elders Insurance
• correctional services
• Indigenous Community Liaison Officer
• Indigenous Community Development Officer travel to northern and remote areas

Recent progress

The Indigenous Corrections Accountability Report (ICAF) is externally available and has been modified to be accessible to all Canadians.

Correctional Service Canada has developed a Strategic Plan to expand the use of Section 81 Agreements with Indigenous groups and governing bodies. Section 81 allows an Indigenous community to provide correctional services to federally incarcerated Indigenous individuals. A federally incarcerated individual may be transferred to the care and custody of a facility in an Indigenous community at any time during their sentence, with the agreement of all parties. The facility may also supervise offenders on day or full parole or statutory release. Current efforts focus on:

1. enhancing the use of existing Section 81 Agreements by addressing barriers to full utilization
2. expanding the use of Section 81 of the CCRA through new agreements, particularly in under-served geographies
3. enhancing engagement with Indigenous partners and the whole of government to ensure the use of Section 81 of the CCRA to its full legislative intent

CSC contracts with approximately 140 Elders and Spiritual Advisors to provide spiritual, counselling support, ceremony, and teachings to interested First Nations, Métis, and Inuit federally incarcerated individuals, to support successful community reintegration.

Challenges in the provision of these services were outlined in an Audit of the Management of Elder Services, conducted in 2022. Based on interviews, some explanation for challenges in recruiting and retaining Elders include:

• Elders do not want to work in institutions
• Elders do not want to leave their community to move closer to a CSC site
• Elders report competing priorities between administrative task and meeting needs of offenders
• Elders find the contracting process is lengthy and onerous
• uncertainty of job security from contracting on a yearly basis

Recommendations made to and accepted by the Senior Deputy Commissioner to alleviate these challenges include:

• reviewing the Elder contracting model and exploring alternative options to ensure that the approach is effective and efficient, as well as culturally appropriate
• strengthening the management framework by reviewing, clarifying, and documenting the roles and responsibilities for the management of the Elder services to ensure its successful and consistent delivery. Specifically, accountability needs to be clearly assigned for the management oversight of Elder services, including contract management
• ensuring that there is a performance measurement strategy in place with robust key performance indicators to systematically assess the Elder Services program in terms of its effectiveness, efficiency, and performance

Pathways units were created in federal institutions to:

• provide opportunities for offenders to focus on a traditional healing path
• engage in a culturally relevant environment, and have direct access to Elders/Spiritual Advisors and ceremony
• progress in their Healing or Correctional Plan
• transfer to lower security institutions or to a healing lodge

In 2002, CSC began with three Pathways units and expanded to seven in 2006. There are currently 27 Pathways Initiatives for federally incarcerated men and women, representing all security levels.

The National Indigenous Plan began the implementation of Indigenous Intervention Centres (IIC) in 2018. IICs are a case management model that is intended to provide a more targeted approach to interventions, with the necessary support and coordination to prepare federally incarcerated Indigenous individuals serving shorter sentences for conditional release at their earliest release eligibility.

An Indigenous Intervention Centre National Handbook is in the process of being compiled which provides direction on the establishment and operation of IICs in correctional institutions across the CSC. The intention of the IICs is to provide a more targeted approach to interventions with the necessary support and coordination to prepare Indigenous offenders serving shorter sentences for conditional release at their earliest release eligibility, including expiration of a long-term supervision order. The handbook should be used in conjunction with Commissioner's Directive 702-Aboriginal Offenders. IIC sites may develop Institutional IIC Handbooks to identify specific direction however the handbook must align with the National IIC Handbook and CD 702. The Handbook is still in draft format and is being developed in conjunction with Community of Practice (COP).

Next steps

As per the 2022 Commissioner's Mandate Letter, Sections 81 & 84 of the Corrections and Conditional Release Act (CCRA) are identified as key departmental priorities, and concerted efforts are underway toward implementation.

Background and Current Status

Since the onset of COVID-19, the Indigenous Justice Program has provided approximately $1 million in funding to support its community-based justice programs across the country in continuing to operate and respond to community justice needs during the pandemic.

The 2021 evaluation of the Indigenous Justice Program was released in spring 2022. The evaluation spoke to the ongoing need for the Program and how it has increased the involvement of Indigenous people in the Administration of Justice. Officials continue to work to respond to the recommendations.

Recent Budget Investments

Budget 2021 provided $11 million in funding, until March 2024, to support Indigenous-led community engagement, as well as collaboration between Indigenous groups and the government, as a first step towards developing an Indigenous Justice Strategy in Canada.

Justice Canada allocated $1.2 million in announced funding to strengthen Indigenous Family Courtwork services in regions where those services currently exist (such as Alberta, Saskatchewan, Quebec, Ontario and Northwest Territories). Justice Canada also provided $200,000 over 2 years to the Native Courtworker and Counselling Services of British Columbia to develop a framework for the delivery of Family Courtwork Services in British Columbia

Recent progress

Funding agreements for areas of the Indigenous Justice Program have been finalized.

Program integrity funding for existing IJP-supported programs was included in the 5 year funding agreements that were recently signed. These agreements cover the federal government's contribution to the community-based justice programs run by IJP's Indigenous community partners. Program integrity funding focused on top-ups to existing salary, training and travel budgets. These budget increases will allow programs to continue to provide high-quality justice programming and enhance their stability.

Decisions on Civil and Family Mediation were made based on a Call for Proposals open to existing IJP-supported programs for the following types of initiatives:

• capacity building and training
• enhancing and expanding existing programming
• developing and testing new models

Funding was provided to 39 IJP supported programs for initiatives ending before March 31, 2024.

Next steps

The Indigenous Justice Program will continue to work with provincial and territorial partners to look at ways to better support the needs of Indigenous community partners.

The approach for the development and delivery of victims training is still under development. Engagement with partners will commence in early 2022 to 2023 and funding will begin to roll out by the third quarter of 2022 to 2023.

Background and Current Status

On November 17, 2022, former Bill C-5, an Act to amend the Criminal Code and the Controlled Drugs and Substances Act, received Royal Assent and came into force. These reforms:

• repealed certain mandatory minimum penalties
• increased the availability of conditional sentences
• enacted provisions that encourage diversion for those found in simple possession of drugs

These changes allow courts to impose sentences that maintain public safety, while also addressing the overrepresentation of Indigenous peoples in the criminal justice system.

Recent progress

From December 13, 2021 to January 24, 2022, Justice Canada held a call for proposals from Indigenous peoples and eligible organizations planning Indigenous-led engagement to gather input, ideas and proposals that will inform the development of a future Indigenous Justice Strategy. Through this call for proposals, Justice Canada provided $11 million in funding to 38 Indigenous communities, organizations, and governments to undertake their own engagement activities from 2022 to 2024.

Next steps

Justice Canada continues to work with Indigenous partners, other federal government departments, and provinces and territories on the development of an Indigenous Justice Strategy. This strategy includes the implementation of former Bill C-5 and the continued examination of sentencing laws and their impacts on Indigenous peoples.

In fulfillment of the Federal Pathway, specific work will be done to implement Gladue Principles that would contribute to addressing systemic barriers, increase the involvement of Indigenous communities in rehabilitating offenders and reduce the risk of future harm.

Recent budget investments

Budget 2017 invested an additional $10.5 million over 5 years, with $3.7 million ongoing to expand the mentoring and community coordinator projects. As a result of this increased funding, by 2022 Indigenous Services Canada will invest $17.9 million annually and ongoing.

As of 2022, Indigenous Services Canada will be investing $17.9 million annually and ongoing through the Fetal Alcohol Spectrum Disorder Program. Indigenous Services Canada continues to support Indigenous partners in maximizing this investment and enhancing culturally relevant community-based prevention programming.

Recent progress

Fetal Alcohol Spectrum Disorder funding through Indigenous Services Canada is part of a suite of community-based investments in healthy child development that continue to support access to a continuum of services aimed to improve health outcomes for First Nations and Inuit infants, children, families and communities.

The Fetal Alcohol Spectrum Disorder Program supports First Nations and Inuit communities to prevent Fetal Alcohol Spectrum Disorder births and enhances the quality of life of those affected by the disorder.

In 2021, the Fetal Alcohol Spectrum Disorder Initiative through Public Health Agency of Canada launched a targeted call for proposals through its National Strategic Projects Fund to 11 Indigenous organizations across Canada to submit a request for funding. It aims to fund 3 Indigenous organizations for projects for up to 3 years to a maximum of $600,000 per project.

The objective of the funding is to increase awareness and understanding of the risks of alcohol use in pregnancy and Fetal Alcohol Spectrum Disorder within urban, rural or remote off-reserve Indigenous communities and among service providers who support Indigenous peoples of childbearing age.

Additionally, the funding will support, in collaboration with Indigenous peoples, the development of prevention projects that are culturally appropriate for Indigenous communities and develop new and innovative resources and tools to highlight the risks of mixing alcohol with unprotected sex and to prevent Fetal Alcohol Spectrum Disorder among Indigenous peoples during the COVID-19 pandemic.

Next steps

As of 2022, Indigenous Services Canada will be investing $17.9 million annually and ongoing through the Fetal Alcohol Spectrum Disorder Program. We continue to work with our Indigenous partners on how best to maximize this investment and enhance community-based prevention activities for Fetal Alcohol Spectrum Disorder.

An open call for the National Strategic Projects Fund at Public Health Agency of Canada is planned for 2021 to 2022, which could include opportunities for Indigenous organizations to apply for funding to support awareness of Fetal Alcohol Spectrum Disorder and to develop culturally appropriate prevention messaging.

Background and current status

In 2019, former Bill C- 75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts, came into effect. This bill introduced a requirement in the Criminal Code for bail decisions to give particular attention to the circumstances of accused Indigenous peoples and accused from vulnerable populations.

On January 15, 2021, the Minister of Justice and Attorney General of Canada received a supplementary mandated letter in which he was tasked to develop, in consultation and cooperation with Indigenous partners, provinces, and territories, an Indigenous Justice Strategy to address systemic discrimination and the overrepresentation of Indigenous people in Canada's justice system.

Recent budget investments

Budget 2021 provided $11 million in funding, until March 2024, to support Indigenous-led community engagement and collaboration between Indigenous groups and the government, as a first step towards developing an Indigenous Justice Strategy.

Recent progress

Justice Canada continues to work with Indigenous partners, other federal government departments, and provinces and territories, on the development of an Indigenous Justice Strategy. From December 13, 2021 to January 24, 2022, Justice Canada held a call for proposals to support Indigenous peoples and eligible organizations holding Indigenous-led engagement to gather input, ideas and proposals that would inform the development of a future Indigenous Justice Strategy. Through this call for proposals, Justice Canada provided $11 million in funding to 38 Indigenous communities, organizations, and governments to undertake their own engagement activities from 2022 to 2024.

On November 17, 2022, former Bill C-5, an Act to amend the Criminal Code and the Controlled Drugs and Substances Act, received Royal Assent and came into force. These reforms:

• repealed certain mandatory minimum penalties
• increased the availability of conditional sentences
• enacted provisions that encourage diversion for those found in simple possession of drugs

These changes allow courts to impose sentences that maintain public safety, while also addressing the overrepresentation of Indigenous peoples in the criminal justice system.

Next steps

The Government of Canada continues to work towards a fair and equitable justice system for all marginalized Canadians and to support enactment of the bill.

As announced in the Federal Pathway to Address Missing and Murdered Indigenous Women, Girls and 2SLGBTQQIA+ People (federal pathway), the Government of Canada will focus on dismantling barriers to justice for Indigenous peoples, including policy, legislative and program reforms that acknowledge that Indigenous-led, multi-sectoral and healing responses are needed to support:

• Indigenous victims and their families
• Indigenous peoples who are accused
• Indigenous offenders

In the Federal Pathway, the Government of Canada affirms that specific work will be done to implement Gladue Principles that would:

• contribute to addressing systemic barriers
• increase the involvement of Indigenous communities in rehabilitating offenders
• reduce the risk of future harm

The administration of justice agreements will continue to be negotiated with Indigenous communities to strengthen community-based justice systems, support self-determination and to provide alternatives to the mainstream justice system.

Justice Canada continues to work with Indigenous partners, other federal government departments, and provinces and territories, on the development of an Indigenous Justice Strategy.

Recent Budget Investments

Funding of Section 81 Agreements and Healing Lodges is a top priority and reviewed annually. Multiple factors are taken into consideration such as, operating costs, budget shortfalls due to the pandemic, and increased costs from inflation. 

Recent Progress

The Office of the Correctional Investigator (OCI) issued recommendations to enhance the use of Section 81 to form additional agreements with Indigenous organizations for the care and custody of Indigenous offenders.

The House of Commons Standing Committee on the Status of Women put forward a list of  recommendations on how to improve Indigenous women's access to and treatment in the federal justice system as well as their treatment in the federal correctional system; which is documented in their report A Call to Action: Reconciliation with Indigenous Women in the Federal Justice and Correctional Systems. Of those 96 recommendations, 5 directly implicate Healing Lodges.

CSC is currently enhancing its policy framework on Section 81 agreements to ensure timely assessment of Indigenous community applications for a Section 81 agreement. CSC is also working to strengthen how they processes the transfer of Indigenous federally-sentenced persons to Healing Lodges as part of their community reintegration plan.

CSC recently conducted a research study to examine community outcomes of Healing Lodge residents compared to both male and female federally incarcerated Indigenous persons. The study concluded that both men and women Healing Lodge residents participated significantly more in personal and spiritual development prior to their release.

Next steps

Gaps in geographic areas in need of Section 81 Healing Lodges have been identified in the Atlantic, Ontario and Pacific regions as well as urban, rural, remote, and northern communities. CSC is also exploring new approaches to Section 81 agreements, particularly in those communities or regions where the number of Indigenous offenders may be limited.

As part of CSC's Section 81 Indigenous Outreach and Engagement Strategy, a review and update of the National Indigenous Advisory Committee (NIAC) membership occurred in January 2023, ensuring diversity of Indigenous perspectives and geographies.

Recent budget investments

The Government of Canada provided additional funding through the 2017 federal budget Community Reintegration Fund to reduce Indigenous overrepresentation in the criminal justice system. This is done by supporting alternatives to incarceration and the reintegration of Indigenous offenders, through community-based and culturally-relevant initiatives.

The 2017 federal budget invested $51.3 million over 5 years, starting in 2017 to 2018, and $30.9 million for CORCAN.

On an ongoing basis, $9.9 million will be invested for Indigenous initiatives:

• $5.5 million for enhancing community reintegration and supporting federally sentenced Indigenous persons released pursuant to Section 84 of the Corrections and Conditional Release Act
• $4.4 million for CORCAN initiatives

Recent progress

CSC is committed to enhancing culturally-relevant interventions for Indigenous inmates. This includes working collaboratively with Indigenous communities, advisory boards, Elders, and criminal justice partners to address the impacts of intergenerational trauma.

CSC will continue to review IORCP proposals across the country to further assist in providing programming to meet the needs of Indigenous inmates.

In order to continually enhance the cultural relevance of services provided to Indigenous inmates, the CSC seeks advice and guidance from the National Elder Working Group on all aspects of Indigenous corrections, including spiritual, traditional and cultural protocols and practices. The working group also provides recommendations on policy, procedures, and interventions impacting Indigenous offenders. The working group met in person at Kwikwexwelhp Healing Village in British Columbia in February 2023.

Mandated by Section 82 of the CCRA, the National Indigenous Advisory Committee, comprised of Indigenous community leaders, provides advice, counsel and recommendations to the Commissioner on Correctional Service Canada policy, procedures, and interventions that impact Indigenous offenders. The committee provides a diverse and balanced community perspective, representing the needs of Inuit, Métis and First Nations communities and people.

In response to the May 2022 Commissioner's Mandate letter and MMIWG Call to Justice 5.23, CSC recently hired a Deputy Commissioner, Indigenous Corrections (DCIC). The DCIC is to ensure appropriate attention and accountability for Indigenous issues, including the overrepresentation of Indigenous offenders in the correctional system, the development and implementation of operational policies, approaches, and processes that impact Indigenous individuals, and continued cultural relevance of services provided to Indigenous inmates.

Next steps

Through the above and the establishment of new relationships with Indigenous stakeholders in advisory and service provision capacities, the CSC intends to continue to enhance culturally relevant interventions to target the factors that contribute to criminality, such as substance abuse, family violence, and histories of victimization.

Recent budget investments

Budget 2017 invested $51.3 million over 5 years, starting in 2017 to 2018, and $30.9 million for CORCAN to reduce Indigenous overrepresentation in the criminal justice system by supporting alternatives to incarceration, and the reintegration of Indigenous offenders through community-based and culturally-relevant initiatives.

On an ongoing basis, $9.9 million will be invested for Indigenous initiatives: $5.5 million for enhancing community reintegration and supporting federally sentenced Indigenous persons released pursuant to Section 84 of the CCRA, and $4.4 million for CORCAN initiatives.

In an effort to increase capacities for Indigenous organizations and governing bodies to develop and deliver services that support the reintegration of Indigenous offenders upon release, CSC launched the Indigenous Offender Reintegration Contribution Program (IORCP) in June 2021. Contributions fund eligible projects offered by Indigenous governing bodies and organizations that respond to the needs of Indigenous offenders. The c ontribution p rogram is expected to address barriers previously faced with the contracting process.

The total value of the IORCP is $4,875,000 over 5 years. In fiscal year 2022 to 2023, $600,000 was allocated for distribution through contribution agreements. This will increase to $900,000 in fiscal year 2023 to 2024 and $1.5 million in fiscal year 2024 to 2025 and thereafter. The CSC is reviewing several proposals across the country, which will continue until funds are exhausted each year.

Recent progress

Recently, a portion of the Federal Budget 2017 was allocated to CSC to enhance community reintegration efforts for Indigenous offenders, increasing the number of Indigenous Community Liaison Officers from 18 to 27, and Indigenous Community Development Officers from 18 to 27.

In 2021 to 2022, all 5 regions engaged Indigenous partners to provide reintegration support for offenders returning to Indigenous communities upon release. Reintegration support was enhanced with the help of a Community Reintegration Support Worker, who provided in-reach transitional support to Indigenous offenders in conjunction with Indigenous Community Liaison Officers.

The Indigenous Offender Employment Initiative continued in the prairie region on multiple building projects, offering on-the-job and vocational training in the construction trades to Indigenous offenders reintegrating the community.

CSC has streamlined the Section 84 release process, removing barriers to participation and increasing supportive releases for Indigenous offenders to their communities.

Reintegration support for Indigenous offenders was delivered by several contracted Indigenous community agencies, including addiction support, trauma counseling and life skills interventions.

In 2022, an audit of the management of Elder Services was conducted, which raised several key issues regarding contracting and compensation, Elder vulnerabilities and supports, role clarifications, and retention and recruitment.

In July 2022, CSC introduced policy changes relating to the management of Section 81 Agreements to reduce barriers to the full utilization of existing agreements and the creation of new agreements through a framework that emphasizes relationship-building and renewed partnerships with Indigenous communities and organizations.

Most recently, the CSC drafted a strategic plan to expand on the use and accelerate the timely release of Indigenous federally incarcerated individuals. The plan aims to maximize the use of existing agreements in agreement with Section 81 of the Corrections and Conditional Release Act, and to expand the involvement of Indigenous partners in the care, custody and preparation for release of Indigenous federally incarcerated individuals through new Section 81 agreements.

Next steps

In a mandate letter to the Commissioner in 2022, the Minister of Public Safety reaffirmed the Government of Canada's commitment to doing all that is required to address the endemic over-incarceration of Indigenous people. Specifically, by instructing the CSC to "prioritize working with and funding Indigenous organizations and communities to create additional section 81 and 84 agreements in accordance with the Corrections and Conditional Release Act to ensure that Indigenous offenders have access to culturally-relevant programming and supports in the community".

The work of the CSC is guided in large part by reports by the Office of the Auditor General of Canada, the Office of the Correctional Investigator, the Truth and Reconciliation Commission Calls to Action, and the Calls for Justice of the National Inquiry into Missing and Murdered Indigenous Women and Girls, as well as through its involvement in the whole-of-government approaches such as the Indigenous Justice Strategy and Federal Framework to Reduce Recidivism.

New partnerships, collaborations, and working relationships will be explored following expressions of interest communicated to the CSC by Indigenous organizations, to offer culturally-specific reintegration supports and interventions. The Correctional Service of Canada is currently working with 14 communities who have expressed interest in Section 81 agreements.

The CSC's Indigenous correctional programs are also being revised as an outcome of a recent evaluation, based on feedback provided by Indigenous staff and offenders, to ensure the highest level of cultural relevancy to meet the needs of Indigenous offenders.

The CSC's Executive Committee's Sub-committee on Indigenous Corrections will review the Section 84 release planning process for opportunities to streamline it and to enhance participation. Regions will leverage IORCP funding to expand Section 84 release planning in partnership with Indigenous communities and organizations. Additionally, the CSC will prioritize addressing the issues raised in the Audit of the Management of Elder Services.

Background and Current Status

As detailed under the response to CTA 30, the approved recommendations of the Pan-Canadian Strategy to Address the Overrepresentation of Indigenous People in the Criminal Justice System and their implementation will have a direct positive impact on CTA 38.

The response to the recommendations includes programs and initiatives specifically meant to address the overrepresentation of Indigenous youth involved in the youth criminal justice.

Annual Reporting

In May 2019, we released the first performance monitoring framework for the Canadian criminal justice system.

One of the nine outcomes included in the framework is that the criminal justice system reduces the number of Indigenous people in the system.

A key indicator for this outcome is the proportion of Indigenous youth under correctional supervision. Adding a youth theme to the State of the Criminal Justice System Dashboard will help to address identified gaps in the data.

You can get results from this framework in an annual State of the Criminal Justice System Report and through our interactive State of the Criminal Justice System Dashboard.

In 2021, Justice Canada completed a study called Indigenous people in criminal court in Canada: An exploration using the Relative Rate Index.

This study was a collaborative effort between the Research and Statistics Division at the Department of Justice Canada and the Canadian Centre for Justice and Community Safety Statistics at Statistics Canada.

It explains initial results from new metrics (i.e., the Relative Rate Index) developed to gain a better understanding of the possible overrepresentation of Indigenous people, including youth, at different stages of criminal court.

Stages of criminal court include:

• preliminary hearings
• trial
• guilty findings
• custodial sentencing

To find the report, visit: Justice Canada's Research and Statistic Division's Website.

Program Funding

To better respond to the needs of Indigenous youth who are in conflict with the law, Justice Canada funds non-profit organizations, Indigenous organizations, provincial and territorial governments and others who work to improve the youth justice system.

Justice Canada continues to invest in key flagship programs which help reduce the number of Indigenous youth in the criminal justice system, including the:

• Youth Justice Services Funding Program
• Youth Justice Fund
• Indigenous Courtwork Program
• Indigenous Justice Program

Recent Budget Investments

In Budget 2021, the Government of Canada announced $216.4 million over 5 years, starting in 2021 to 2022, and $43.3 million ongoing for the Youth Justice Services Funding Program to:

• increase funding to the provinces and territories in support of diversion programming
• help reduce the overrepresentation of Indigenous peoples, Black Canadians and other racialized groups in the youth justice system

Justice Canada provided $1.2 million in announced funding to enhance Indigenous Family Courtwork services in those regions where services currently exist (i.e. Alberta, Saskatchewan, Quebec, Ontario, Northwest Territories). 

The department also provided $200,000 over 2 years to the Native Courtworker and Counselling Services of British Columbia to develop a framework for the delivery of Family Courtwork Services in British Columbia.

The 2020 Fall Economic Statement proposed investments of $49.3 million to help implement the Gladue Principles in the mainstream justice system across Canada, as well as Indigenous-led responses in order to help reduce the overrepresentation of Indigenous peoples in the criminal justice system.

Budget 2021 provided $11 million in funding, until March 2024, to support Indigenous-led community engagement, as well as collaboration between Indigenous groups and the government, as first step towards developing an Indigenous Justice Strategy in Canada.

Recent Progress

In 2020, Justice Canada delivered training across the country to individuals who work in the Youth Criminal Justice System.

This training was aimed at contextualizing the principles of the Youth Criminal Justice Act and the amendments under the Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts (the former Bill C-75).

As of April 2021, a total of $10.5 million in federal funding had been approved through the Youth Justice Fund to support multi-year pilot projects focusing on Indigenous youth or with a strong Indigenous component. An example of such projects is the Indigenous Youth-Centered Justice Project.

On March 2 2021, the Minister of Justice and Attorney General of Canada announced the Government of Canada's support to Ryerson University for its National Indigenous Court Workers: Indigenous Youth-Centered Justice Project.

The goal of this project is to improve outcomes for Indigenous youth who are involved in both the child welfare and youth criminal justice system. In partnership with Indigenous court workers in various parts of the country, the Indigenous Youth-Centered Justice Project will pilot innovative community-based projects over 5 years, in multiple jurisdictions. A total of nearly $2.5 million over 5 years is being provided in support to this project.

The Indigenous Youth-Centered Justice Project will conduct individual casework with Indigenous youth with both youth criminal justice and child welfare involvement.

With the goal of reducing recidivism and the overrepresentation of Indigenous peoples in the youth and mainstream criminal justice systems, this work will promote healing, reparation and reintegration of Indigenous youth offenders.

Funding for this project will:

• help reduce or eliminate custody for Indigenous youth
• reduce time spent in the youth criminal justice system
• prevent youth from moving to the adult system

Indigenous court workers already play a critical role as a bridge between the justice system and Indigenous peoples. This means they can best help bring the child welfare and youth justice systems together to support Indigenous youth.

On March 17, 2021, the Government of Canada announced support to New Directions for Children, Youth, Adults and Families Inc. for their project: The Empower Project.

This program, which enhances one established in 2015, supports especially vulnerable Indigenous young women who are justice-involved and diagnosed with Fetal Alcohol Spectrum Disorder.

The Empower Project will provide intensive and individualized support for these young women and girls to increase their chance of successful rehabilitation. Programming will include culturally informed substance abuse counselling, family and mental health support, as well as skill-building, social and recreational activities. Justice Canada is providing approximately $587,000 over 4 years, from 2020 to 2023, to this project through the Youth Justice Fund.

The department launched a call for proposals in August 2022 for the Youth Justice Fund and closed in October 2022.

The goal was to improve the youth justice system in Canada. The projects will help address gaps in services for Indigenous, Black, and other racialized youth overrepresented in the youth criminal system across the country.

Justice Canada continues to work with Indigenous partners, other federal government departments, and provinces and territories, on the development of an Indigenous Justice Strategy to address the systemic discrimination and overrepresentation of Indigneous people in the justice system.

From December 13, 2021 to January 24, 2022, Justice Canada held a call for proposals to support Indigenous peoples and eligible organizations to undertake Indigenous-led engagement to gather input, ideas and proposals to help develop of an Indigenous Justice Strategy.

Through this call for proposals, Justice Canada provided $11 million in funding to 38 Indigenous communities, organizations, and governments to run their own engagement activities from 2022 to 2024.

Next Steps

As the Truth and Reconciliation Commission recognized, many of the ways to reduce the overrepresentation of Indigenous youth will be found outside of the criminal justice system.

Work being done in response to many other calls to action, such as those relating to child welfare, health services and Fetal Alcohol Spectrum Disorder, will further contribute toward achieving Call to Action 38.

Justice Canada continues to work with Indigenous partners, other federal government departments, and provinces and territories, on the development of an Indigenous Justice Strategy to address the systemic discrimination and overrepresentation of Indigenous people in the justice system.

Recent progress

On July 15, 2020, Statistics Canada and the Canadian Association of Chiefs of Police released a joint statement committing to work with Canada's policing community and key organizations to enable police to report statistics on Indigenous identity in police reported crime statistics on victims.

Statistics Canada and the Canadian Association of Chiefs of Police know that the demand for more disaggregated information has never been greater than now and are committed to identifying ways to provide reliable police statistics on the Indigenous population.

Statistics Canada continues to work on its engagement strategy through discussions with Indigenous people and organizations which have taken place starting in the spring of 2021. This is to ensure the information that will be collected through the Uniform Crime Reporting Survey is relevant and meets the needs of the communities. A report featuring the feedback received has led to the development of recommendations on the best way to move forward with this initiative:

• Report and Draft Recommendations: Police-Reported Indigenous and Racialized Identity Statistics via the Uniform Crime Reporting Survey (statcan.gc.ca)

Next steps

Next cycle of the Survey of Residential Facilities for Victims of Abuse will be launched in April 2023.

The Survey of Safety in Public and Private Spaces will be collected again in 2024 with an enhanced sample.

Statistics Canada is currently working on further engagements with Indigenous people and organizations, along with the policing community, to receive input into the operationalizing of data collection through the Uniform Crime Reporting Survey and the subsequent analysis of these data.

Recent Budget Investments

Budget 2021 provided $11 million in funding, until March 2024, to support Indigenous-led community engagement, as well as collaboration between Indigenous groups and the government, as first step towards developing an Indigenous Justice Strategy in Canada.

Recent Progress

On February 23, 2023 the Minister of Justice and Attorney General of Canada announced a firm commitment to renew and provide ongoing support for Family Information Liaison Units (FILUs).

The funding helps them continue to deliver critical services to families of MMIWG2S+ across the country. With the funding, FILUs can become a permanent resource for Indigenous families searching for information on their missing and murdered loved ones.

Justice Canada continues to work with Indigenous partners, other federal government departments, and provinces and territories, to develop an Indigenous Justice Strategy.

The strategy will address the systemic discrimination and overrepresentation of Indigenous people in the justice system.

From December 13, 2021 to January 24, 2022, Justice Canada held a call for proposals to support Indigenous peoples and eligible organizations to undertake Indigenous-led engagement to gather input, ideas and proposals to help develop an Indigenous Justice Strategy.

Next steps

The Federal Pathway commits to seeking new opportunities to increase collaboration with Indigenous partners and organizations and with provincial and territorial partners. The goal is to improve availability and access to Indigenous-led, culturally safe and trauma-informed victim services and supports.

The Government of Canada will continue to:

• build on the success of the Family Information Liaison Units to ensure timely support to families
• support families and survivors through project-based programming and providing community-based, culturally relevant and trauma-informed wellness services

Like the Truth and Reconciliation Commission, the Final report of the National Inquiry into Missing and Murdered Indigenous Women and Girls highlighted many findings related to the nature and accessibility of victim services and survivor supports.

The final report included calls for justice to move forward, informed by the 4 pathways to violence that the commission identified.

The 2021 Missing and Murdered Indigenous Women, Girls, and 2SLGBTQQIA+ People National Action Plan: Ending Violence Against Indigenous Women, Girls, and 2SLGBTQI+  People ( National Action Plan) was released in June 2021, including the Federal Pathway, the Government of Canada's contribution to the national action plan.

Moving forward, as noted in the Federal Pathway, Justice Canada will seek new opportunities to increase collaboration with Indigenous partners and organizations and with provincial and territorial partners. Our goal is to improve availability and access to Indigenous-led, culturally safe and trauma-informed victim services and supports.

We will continue to build on the success of the Family Information Liaison Units to quickly help families as well as continue to support families and survivors through project-based programming and providing community-based, culturally relevant and trauma-informed wellness services.

Justice Canada continues to work with Indigenous partners, other federal government departments, and provinces and territories to develop an Indigenous Justice Strategy.

The strategy will address the systemic discrimination and overrepresentation of Indigenous people in the justice system.

Background and Current Status

After Royal Assent of the United Nations Declaration on the Rights of Indigenous Peoples Act, which means it officially became law, Justice Canada launched a broad and inclusive consultation and engagement process with Indigenous peoples.

The consultation process was about developing:

• an action plan
• measures to ensure consistency of federal laws with the Declaration
• an annual reporting process

The government tabled, which means to introduce, the  first annual progress report in Parliament in June 2022. The action plan to achieve the objectives of the Declaration must be completed by June 2023.

In 2021-2022, through Fall Economic Statement, Justice Internal capacity was increased to support the negotiation of Administration of Justice agreements through the Recognition of Indigenous Rights and Self-Determination process.

Also, we as a government have increased our meetings and conversations with leaders and Indigenous communities through the Recognition of Indigenous Rights and Self-Determination Discussion engagement tables meetings.

Recent Budget Investments

The Fall Economic Statement 2020 announcement, which was part of the Missing and Murdered Indigenous Women and Girls Priority, supports the continuing work of Justice Canada to engage with Indigenous communities.

By engaging with Indigenous communities, the department's goal is to ensure a greater role for Indigenous communities in areas such as:

• administration
• enforcement
• prosecution and adjudication of their laws that come from the Indian Act, other federal legislation, or based on other sources

The goal of these exploratory discussions with Indigenous communities is to develop stand-alone (sectoral) administration of justice agreements outside the context of comprehensive agreements or treaties. This is to strengthen community-based justice systems and support self-determination.

Budget 2021 provided $31.5 million over 2 years, starting in 2021 to 2022, to support the co-development of the United Nations Declaration on the Rights of Indigenous Peoples Act's action plan with Indigenous partners.

The funding is so that Indigenous Partners can implement this legislation and to achieve the objectives of the declaration.

This process will support Indigenous self-determination and enhance nation-to-nation, Inuit-Crown and government-to-government relationships.

Budget 2021 provided $11 million in funding, until March 2024, to support Indigenous-led community engagement, as well as collaboration between Indigenous groups and the government. This is a first step towards developing an Indigenous Justice Strategy in Canada.

Recent Progress

Justice Canada continues to work with Indigenous partners, other federal government departments, and provinces and territories.

As partners, we are developing an Indigenous Justice Strategy to address the systemic discrimination and overrepresentation of Indigenous people in the justice system.

From December 13, 2021 to January 24, 2022, Justice Canada held a call for proposals to support Indigenous peoples and eligible organizations.

This is so that they can carry out Indigenous-led engagement to gather input, ideas and proposals to inform the development of a future Indigenous Justice Strategy.

Through this call for proposals, Justice Canada provided $11 million in funding to 38 Indigenous communities, organizations, and governments to carry out their own engagement activities from 2022 to 2024.

Next steps

We will continue to discuss with Indigenous Partners to work to develop final agreements.

Indigenous partners' participation at these tables is supported through various funding sources. This includes the Crown-Indigenous Relations and Northern Affairs Recognition of Indigenous Rights and Self-Determination funding.

As part of this work on a range of tables, Justice is advancing Negotiation Mandate Proposal's setting out proposed agreements between Canada and Indigenous governing bodies that can be taken to Ministers/Indigenous leaders for approval over the next few years.

The UNDA action plan will be completed and tabled in Parliament in 2023, as will the second annual report on progress.

Justice Canada continues to work with Indigenous partners, other federal government departments, and provinces and territories, on the development of an Indigenous Justice Strategy to address the systemic discrimination and overrepresentation of Indigenous people in the justice system.

One key theme of engagement on the Indigenous Justice Strategy is "Supporting Indigenous Justice systems".