2023-24 Reporting on the Calls for Justice: 5.1 - 5.24: Justice

Learn how the Government of Canada is responding to Calls for Justice 5.1 to 5.24.

Based on data provided June 3, 2024.

On this page

5.1 Implement the justice system recommendations of the Royal Commission on Aboriginal Peoples and the Public Inquiry into the Administration of Justice and Aboriginal People

2023-24 Updates

  • Discussions at the Recognition of Indigenous Rights and Self-Determination tables continued with Indigenous communities to advance their rights, interests, and needs as they move towards developing final administration of justice agreements, which may include increasing the safety of Indigenous women, girls and 2SLGBTQI+ people.
  • Canada earmarked $3 million in announced funding, including support to enhance Indigenous Family Courtwork services in those regions where services currently exist (i.e., Alberta, Saskatchewan, Quebec, Ontario, Northwest Territories) and over $100,000 to the Yellowhead Tribal Community Corrections Society in Alberta.

Initiatives

Engaging with Indigenous partners on an Indigenous Justice Strategy

Progress to date

In consultation and cooperation with First Nations, Inuit and Métis, Justice Canada is developing an Indigenous Justice Strategy to address systemic discrimination and the overrepresentation of Indigenous people in the justice system. Given their key role and jurisdiction in relation to the administration of justice, this work is also being done in close collaboration with provinces and territories.

Following a Call for Proposals, Justice Canada provided $11M in funding to 38 Indigenous communities, organizations and governments, reflecting the diversity of First Nations, Inuit and Métis perspectives, to undertake their own engagement with their members and citizens on what an Indigenous Justice Strategy in Canada could and should include. To complement this Indigenous-led engagement, Justice Canada is engaging directly with a diverse representation of Indigenous voices, including Indigenous justice experts, Elders, 2SLGBTQI+ people, women, youth, those living in urban settings and those with lived experience in the justice system, through two waves og engagement involving both in-person and virtual dialogue sessions. Beginning in Spring 2024, Justice Canada launched a period of public validation and targeted consultation on a key elements draft of the Indigenous Justice Strategy, reflecting what we have learned in our engagements to date. A parallel process of co-development with key Indigenous partners was initiated at the same time, with the intent of releasing a final co-developed strategy by Fall 2024.

The broad and inclusive engagement approach for the development of the Indigenous Justice Strategy, which is designed to fully respect the self-determination of Indigenous groups, allows for Indigenous partners to identify the legislative, program and policy initiatives needed to support the revitalization of their legal traditions and justice systems, as well as changes to the existing criminal justice system. As such, engagement on the Indigenous Justice Strategy and the strategy itself supports Calls for Miskotahâ 8, 16, and 41, as well as Calls for Justice 5.1 through 5.25, that focus on justice specific actions to address systemic discrimination and the overrepresentation of Indigenous people in the justice system, whether as victims, accused or offenders. This includes the justice system recommendations of the Royal Commission on Aboriginal Peoples and the Public Inquiry into the Administration of Justice and Aboriginal People (Call for Justice 5.1).

Funding and Partner Information

Lead Department: Justice Canada
Funding Amount: $24.2M over 3 years (Budget 2021); $25.1 M over 3 years (Budget 2024)
Funding Source: Budget 2021, Budget 2024
Partners: Indigenous people across Canada; Indigenous partners (communities, organizations and governments); Funding recipients; Provincial and territorial governments
Related Calls for Miskotahâ: 8, 16, 41
Related Calls for Justice: 1.4, 5.3, 5.10, 5.11, 5.12, 5.21, 9.1, 9.2

Justice capacity related to Administration of Justice Agreements

Progress to date

The Negotiations of Administration of Justice Agreements supports Call for Justice 5.1 as these agreements and discussions could impact reconciliation with Indigenous peoples. They can also promote self-determination for Indigenous peoples and improve the Crown-Indigenous relationship. The creation of Administration of Justice agreements will support self-governance for Indigenous communities, which supports all aspects of daily life, reinforcing the strength of the community and its health and safety. A strong, culturally responsive justice system can also assist with the development of other sectoral areas like land and financial management.

Discussions at the Recognition of Indigenous Rights and Self-Determination (RIRSD) tables will continue with Indigenous communities, advancing their rights, interests, and needs as they move towards developing final administration of justice agreements, which include increasing the safety of Indigenous women, girls and 2SLGBTQI+ people. Empowering communities to revitalize their Indigenous justice systems, helps their legal institutions ensure Indigenous women, girls and 2SLGBTQI+ people are represented in governance, and respects and upholds their political rights.

Discussions will also continue at Administration of Justice tables.

Justice Canada, in consultation with the department of Crown-Indigenous Relations and Northern Affairs Canada, is working on supports for communities who wish to enter into negotiations for their own Administration of Justice Agreements. The Department is committed to ensuring the participation and inclusion of perspectives, experiences, and voices from diverse groups within Indigenous communities, specifically Elders, youth, women and 2SLGBTQI+ persons, throughout the various phases of the negotiation process.

In New Brunswick, there are currently 2 pilot programs regarding in community-led support approaches to assist first responders, such as the RCMP, in addressing emergency situations. These programs highlight the value of community-based approaches and services provided in Indigenous languages as a means of de-escalation with tangible results.

Funding and Partner Information

Lead Department: Justice Canada
Funding Amount: $8.1M over 5 years
Funding Source: Budget 2021
Partners: Crown-Indigenous Relations and Northern Affairs Canada and other relevant departments; Negotiating communities
Related Calls for Miskotahâ: N/A
Related Calls for Justice: 1.4, 1.6, 5.11

5.3 Review and reform the law about gender-based violence utilizing the perspectives of Indigenous women, girls, and 2SLGBTQI+ people

2023-24 Updates

  • Beginning in Spring 2024, Justice Canada launched a period of public validation and targeted consultation on a key elements of the Indigenous Justice Strategy, reflecting what the department has learned in its engagements to date. A parallel process of co-development with key Indigenous partners was initiated at the same time, with the intent of releasing a final co-developed strategy by fall 2024.

Initiatives

Engaging with Indigenous partners on an Indigenous Justice Strategy

Progress to date

Following a Call for Proposals, Justice Canada provided $11M in funding to 38 Indigenous communities, organizations, and governments, reflecting the diversity of First Nations, Inuit and Métis perspectives, to undertake their own engagement with their members and citizens on what an Indigenous Justice Strategy in Canada could and should include to address systemic discrimination and overrepresentation of Indigenous people in the justice system. To complement this Indigenous-led engagement, Justice Canada engaged directly with a diverse representation of Indigenous voices, including Indigenous justice experts, Elders, 2SLGBTQI+ people, women, youth, those living in urban settings and those with lived experience in the justice system, through two waves of engagement involving both in-person and virtual dialogue sessions. Beginning in Spring 2024, Justice Canada launched a period of public validation and targeted consultation on a key elements draft of the Indigenous Justice Strategy, reflecting what we have learned in our engagements to date. A parallel process of co-development with key Indigenous partners was initiated at the same time, with the intent of releasing a final co-developed strategy by Fall 2024.

The broad and inclusive engagement approach for the development of the Indigenous Justice Strategy, which is designed to fully respect the self-determination of Indigenous groups, allows for Indigenous partners to identify the legislative, program and policy initiatives needed to support the revitalization of their legal traditions and justice systems, as well as changes to the existing criminal justice system. As such, engagement on the Indigenous Justice Strategy and the strategy itself supports Calls for Miskotahâ 8, 16, and 41, as well as Calls for Justice 5.1 through 5.25, that focus on justice specific actions to address systemic discrimination and the overrepresentation of Indigenous people in the justice system, whether as victims, accused or offenders. This includes the justice system recommendations of the Royal Commission on Aboriginal Peoples and the Public Inquiry into the Administration of Justice and Aboriginal People (Call for Justice 5.1).

In terms of Call for Justice 5.3, although the specific contents of the Indigenous Justice Strategy are still to be determined, Indigenous partners, including Indigenous women, girls and 2SLGBTQI+ people, have emphasized that this strategy must address issues that span across the justice system continuum, from prevention to re-integration. This includes legislative reforms around the issue of gender-based violence and intimate partner violence.

Funding and Partner Information

Lead Department: Justice Canada
Funding Amount: $24.2M over 3 years (Budget 2021); $25.1M over 3 years (Budget 2024)
Funding Source: Budget 2021, Budget 2024
Partners: Indigenous people across Canada; Indigenous partners (communities, organizations and governments); Funding recipients; Provincial, territorial, and federal governments
Related Calls for Miskotahâ: 8, 16, 41
Related Calls for Justice: 5.1, 5.11, 5.12, 5.21, 9.1, 9.2

5.4 Transform Indigenous policing to be self-governing and self-determining, as well as replace the First Nation Policing Program with a new legislative and funding framework

2023-24 Updates

  • Public Safety Canada developed Objectives and Guiding Principles to set the policy framework for the First Nations police services legislation that were shared with First Nations and First Nations police services in the summer of 2023. In addition, Public Safety developed in collaboration with key partners, elements to inform legislation. Indigenous-led engagement, led by the Indigenous Leadership Development Institute, on the proposed elements to inform the legislation was undertaken in February and March 2024.
  • • The Pathways to Safe Indigenous Communities Initiative provided $28 million in funding to 52 community safety and well-being projects, inclusive of 37 First Nations, five Inuit, and two Métis organizations and communities. Eight Indigenous urban organization's projects were also funded through the Pathways Initiative.

Initiatives

Co-development of First Nations police services legislation and Engagement on Inuit and Métis policing and community safety priorities

Progress to date

The work on the co-development of First Nations police services legislation in part responds to the Call for Justice 5.4 as it is expected the Minister of Public Safety will table legislation that recognizes First Nations police services as essential services in 2024-25. The anticipated legislation would be primarily designed to ensure federal funding to support First Nations police services. The co-development of new federal legislation that recognizes First Nations police services as essential services is intended to benefit a broad diverse group of First Nations.

Between April 2023 and March 2024, Public Safety Canada presented to approximately 70 forums or conferences on the status of co-development of the First Nations police services legislation and held over 176 bilateral meetings with First Nations and First Nations representative organizations. Public Safety has also met modern treaty and self-government Agreement signatories at their request.

Additionally, building off the extensive engagement in 2022-23 and collaboration with key partners such as the First Nations Chiefs of Police Association, First Nations Police Governance Council, provinces and territories and First Nations, in 2023 Public Safety Canada developed Objectives and Guiding Principles, which were intended to set the policy framework for the legislation. These were shared broadly with First Nations and First Nations police services in summer 2023. Later in the summer and fall of 2023, Public Safety Canada focused on topical discussions with key technical experts, such as the First Nations Chiefs of Police Association, the First Nations Police Governance Council as well as some First Nations police services themselves, and provinces and territories, to develop elements that would inform the development of the future legislation. Public Safety Canada provided funding to the Indigenous Leadership Development Institute Inc. (ILDI) to conduct Indigenous-led engagement on the proposed elements in February and March 2024. ILDI has facilitated 10 regional in-person engagement sessions and one national online session to gather valuable input on the proposed elements that will form the foundation of the legislation. Once the engagement with First Nations concludes in March 2024, Public Safety officials will be nearing the final stages of defining the intentions of a proposed legislation with key partners.

Public Safety officials will continue to engage with First Nations, including First Nations modern treaty and self-government agreement signatories, First Nations women organizations, youth, 22SLGBTQI+, and First Nations police services, as well as provinces and territories to seek diverse perspectives and views to inform the co-development of the future legislation, which is aiming to be tabled in 2024-25.

Engagement with Inuit and Métis groups also continues. Métis National Council (MNC) - Canada Justice and Policing Working Group was established to further discussions and work with the Métis on their policing priorities, including engagement towards the co-development of a Justice and Policing Sub-Accord under the aegis of the Canada-Métis Nation Permanent Bilateral Mechanism. Conversations with Inuit are proceeding at a slower pace but have continued a bi-lateral basis.

Public Safety and federal partners will continue to work toward the drafting and completing of a Justice and Policing Sub-Accord with the Métis Nation and continue to narrow conversations with Inuit partners to more clearly define their policing priorities, through 2024-25.

Funding and Partner Information

Lead Department: Public Safety
Funding Amount: Public Safety: $26.1M/5 years; ISC: $7.6M/5 years
Funding Source: Budget 2021
Partners: First Nations organizations; Modern Treaty and Self-Governing First Nations; Provinces and Territories; First Nations Chiefs of Police Association; First Nations Police Governance Council; First Nations police services; First Nations police governance bodies; First Nations Chief and Council members; Participants in the engagement process on Inuit and Métis policing and community safety priorities; Provinces and Territories, Inuit and Métis organizations and Inuit and Métis rights-holders
Related Calls for Miskotahâ: 16
Related Calls for Justice: N/A

Pathways to Safe Indigenous Communities Initiative

Progress to date

The Pathways to Safe Indigenous Communities Initiative assists First Nations, Inuit, and Métis communities and partners (on- and off-reserve) to implement Indigenous designed programs, interventions and services to improve community safety and well-being. It supports Indigenous definitions of safe, secure and resilient communities and allows for greater community control, innovation and alternative approaches that recognize the importance of traditional knowledge and practices, as well as a role for professionals, other than law enforcement, in contributing to greater community safety and well-being. The Pathways Initiative also specifically supports programs, services and interventions that address existing and emerging needs relating to the safety and well-being of Indigenous women and girls and 2SLGBTQQIA+ People.

The work of the Pathways Initiative responds in part to Call for Justice 5.4 by providing support for the self-determination of Indigenous communities to design community safety and wellbeing interventions that suit their needs. The Pathways Initiative supports Calls for Miskotahâ 23 and 62 by assisting Métis communities and partners to implement Indigenous designed programs, interventions and services to improve community safety and well-being.

In 2023-24, the Pathways Initiative provided $28 million in funding to 52 community safety and well-being projects. Recipients included 37 First Nations, 5 Inuit, and 2 Métis organizations and communities. 8 Indigenous urban organization's projects were also funded through the Pathways Initiative. Some examples include:

  • The First Nations Justice Council of British Columbia is improving Indigenous women's experiences with the Justice and Child Welfare System in British Columbia. Working collaboratively with the Province of British Columbia and other relevant partners, they are developing an Indigenous Women's Justice Plan that includes consideration of the MMIWG Inquiry Final Report and Calls for Justice.
  • The Tungasuvvingat Inuit have hired a Project Coordinator to oversee a support group for 2SLGBTQI+ Inuit living in Ontario. The project will provide biweekly virtual cultural workshops, in-person community gatherings, a private peer support page on social media, and service navigation assistance.
  • The Métis Nation of Ontario is increasing the capacity of their Community Wellbeing Branch which offers Anti-Human Trafficking and Victim Service programs as well as delivering culturally relevant and holistic services. The programs will focus on women, girls and 2SLGBTQI+ persons at risk of violence, abuse, criminal justice involvement, trafficking and other harms.
  • The Federation of Sovereign Indigenous Nations Women's Commission's Red Eagle lodge, located in Saskatoon, provides services to First Nations, Inuit, Métis, and Urban Indigenous people to provide a safe and secure space and cultural programming for women, girls and 2SLGBTQI+ people. The services focus on healing from trauma and intergenerational trauma, traditional parenting, addiction, family reunification and resources that would support women facing gender-based and colonial violence.
Funding and Partner Information

Lead Department: Indigenous Services Canada
Funding Amount: $123.8M/5 years
Funding Source: Budget 2021
Partners: ISC regional offices; First Nations, Inuit and Métis organizations and communities
Related Calls for Miskotahâ: 23, 62
Related Calls for Justice: N/A

5.5 Equitably fund Indigenous police services

2023-24 Updates

  • As most of the current Community Tripartite Agreements expired on March 31, 2024, Public Safety, along with provinces and territories, are working together to ensure dedicated policing pursuant to Community Tripartite Agreements continues to be available in more than 257 First Nations and Inuit communities
  • In consultation with the provinces and territories who are responsible for the administration of justice, Public Safety allocated funding for 28 police infrastructure projects, as well as professional assessments of building conditions for community owned police facilities in the following regions:
    • British Columbia & Yukon (two facilities)
    • Prairies & Northwest Territories (three facilities)
    • Ontario (15 facilities)
    • Quebec (eight facilities)

Initiatives

Additional Funding for Infrastructure Program

Progress to date

To respond in part to Call for Justice 5.5, the Funding for First Nations and Inuit Policing Facilities provides funding for infrastructure builds, acquisitions, repairs, and renovations to ensure Indigenous police services are able to operate in stable and safe environments. In 2023-24, Public Safety, in consultation with the provinces and territories who are responsible for the administration of justice, allocated funding for 28 police infrastructure projects, as well as professional assessments of building conditions for community owned police facilities in the following regions: British Columbia & Yukon (2 facilities) Prairies & Northwest Territories (3 facilities) Ontario (15 facilities) Quebec (8 facilities.) The National Policing Infrastructure Assessment project is scheduled to begin in 2024-25 fiscal year. This project is to assess 207 First Nations and Inuit owned and operated policing facilities located across Canada. The goal will be to: gather data to establish a baseline of information for each building; identify priority renovation/construction needs to ensure the safety of occupants; and assist First Nations and Inuit communities to develop maintenance plans to support the longevity of the facilities.

The infrastructure projects expected to complete this fiscal year are not on track due to unanticipated challenges and delays within the construction industry. In order to meet the needs of Indigenous communities implementing these projects, including increased costs and renewed timelines, Public Safety is working with provinces and territories to ensure the appropriate funding is available over the new timelines. Public Safety is committed to the completion of these projects to allow for optimum health and safety conditions for Indigenous police officers in all communities where they operate.

An example is the infrastructure agreement in Lac Simon, a reserve covering 326 hectares and with a population of approximately 1,711. The agreement will allow the community to build a new police station to replace an existing detachment that does not meet health and safety needs and is in such a state of disrepair that it could not be salvaged. The new police station will support policing provided pursuant to the self-administered agreement between Canada, Quebec, and the community of Lac Simon. This agreement came into effect in 2021 and has been amended to ensure additional funding and timelines are available to the community for successful completion of the new police station.

Funding and Partner Information

Lead Department: Public Safety
Funding Amount: $108.6M over 5 years, beginning in 2021-22
Funding Source: Budget 2021
Partners: Provinces and territories; First Nations/Inuit policing organizations; First Nations/Inuit communities; Modern Treaty and Self-Governing First Nations/Inuit groups; Royal Canadian Mounted Police; First Nations/Inuit police services
Related Calls for Miskotahâ: N/A
Related Calls for Justice: N/A

Expansion and Stabilization of the First Nations and Inuit Policing Program (FNIPP)

Progress to date

Budget 2021 provided funding for stabilization and expansion of the First Nations and Inuit Policing Program. This responds in part to the Call for Justice 5.5 as stabilization is expected to result in equitable funding to Indigenous police services. Due to the enormity of stabilization, much of the B2021 funding intended for expansion was reallocated for stabilization. B2021 funding has been fully subscribed, and the program's current focus is on implementation and activity progression. B2021 areas of investment include additional resources to Community Tripartite Agreements, where the police service provider is the Royal Canadian Mounted Police; additional resources to self-administered police services); feasibility assessments for new self-administered police services; and expansion of the program through alternative service delivery models, such as Community Safety Officer pilot projects. The focus is to stabilize and expand the program as much as possible within the constraints of a limited budget to address immediate needs, add program flexibility, and prioritize gaps. Stabilization of the self-administered police services is a priority as the funding injected via B2021 has not been sufficient to meet the needs of the Indigenous police services. Negotiations and discussion with the police services are ongoing, and Public Safety continues to seek additional funding to support the program. Most of the current Community Tripartite Agreements expired March 31, 2024 with work ongoing to renew agreements. Public Safety, along with provinces and territories, are working together to ensure dedicated policing pursuant to Community Tripartite Agreements continues to be available in more than 257 First Nations and Inuit communities. This contributes to stabilization, as well as expansion to additional communities in the North, where Community Tripartite Agreements have not previously been in place in the Northwest Territories or Nunavut. The First Nations and Inuit Policing Program is cost-shared with provinces and territories, and ensuring funding is rolled out and activities progress requires close coordination with the provinces and territories. Flexibility is required to meet the needs of the program and communities where provinces and territories are not able to obtain funding approvals in a timely manner.

Program stabilization and expansion decisions are made with the provinces and territories, which pay 48% of the program costs. In partnership with the provinces and territories, funding designated for stabilization and expansion was used to stabilize and expand existing services (with new officers) to reduce dependence on provincial police as well as expansion to new communities. Additionally, where provinces and territories have not been able to commit their share, Public Safety sought and received approval to fund equipment and other one-time needs at a 100% federal contribution. Finally, the prohibition on specialized services was removed from the Terms and Conditions of the First Nations and Inuit Policing Program this fiscal year to ensure the program better meets the needs of First Nations and Inuit partners.

Funding and Partner Information

Lead Department: Public Safety
Funding Amount: $523.8M/5 years and $126.8M ongoing
Funding Source: Budget 2021
Partners: Provinces and territories; First Nations/Inuit policing organizations; First Nations/Inuit communities; Modern Treaty and Self-Governing First Nations/Inuit groups; First Nations/Inuit police services
Related Calls for Miskotahâ: N/A
Related Calls for Justice: 5.4

5.5i Remote communities must be ensured access to reliable high-speed Internet as a right

2023-24 Updates

  • In July 2023, the Government of Canada announced a combined federal-provincial investment of over $7.2 million to bring high speed Internet to over 1,200 Indigenous households in the Indigenous community of Stand Off (Blood) in southern Alberta.
  • In August 2023, the Government of Canada announced an additional $10.3 million to the original $22 million in federal funding for a connectivity project that will bring high speed Internet access to over 1,000 households on Labrador Inuit territory.
  • In November 2023, 254 households located in the Indigenous community of Peavine Métis Settlement in Alberta, gained access to high-speed Internet from a federal investment of $4.3 million through the Universal Broadband Fund.

Initiatives

Universal Broadband Fund (UBF)

Progress to date

The Universal Broadband Fund is one of the key programs helping to achieve Canada's Connectivity Strategy Targets to provide high-speed Internet access to 98% of Canadian households by 2026 and 100% by 2030. In 2023-24, 11 projects targeting Indigenous households were completed resulting in over 3,000 Indigenous households receiving access to high-speed Internet. Overall,74 projects targeting more than 25,000 Indigenous households have been announced, with over 13,000 of these households reached to date. As of 2022, 49.7% of First Nations Reserves now have access to high-speed internet compared to 28.9% in 2017.

In July 2023, the Government of Canada announced a combined federal-provincial investment of over $7.2 million to bring high speed Internet to over 1,200 Indigenous households in the Indigenous community of Stand Off (Blood) in southern Alberta. In August 2023, the Government of Canada announced an additional $10.3 million to the original $22 million in federal funding for a connectivity project that will bring high speed Internet access to over 1,000 households on Labrador Inuit territory. In November 2023, 254 households located in the Indigenous community of Peavine Métis Settlement in Alberta, gained access to high-speed Internet thanks to a federal investment of $4.3 million through the Universal Broadband Fund.

Additionally, the Universal Broadband Fund includes a $50M mobile stream which primarily benefits Indigenous Peoples. Announcements have been made in Quebec, Saskatchewan, and British Columbia that will provide mobile connectivity along more than 760 km of road. This includes filling all gaps in mobile connectivity along British Columbia's Highway 16, also known as the "Highway of Tears", fulfilling a key recommendation of the Highway of Tears Symposium Report, and echoed in the National inquiry into Missing and Murdered Indigenous Women and Girls report.

Funding and Partner Information

Lead Department: Innovation, Science and Economic Development Canada
Funding Amount: $3.225 billion
Funding Source: 2019, 2020 Fall Economic Statement
Partners: Indigenous applicants; Indigenous communities
Related Calls for Miskotahâ: N/A
Related Calls for Justice: 16.5

5.5iv Crime-prevention funding and programming must reflect community needs

2023-24 Updates

  • Public Safety supported the implementation of seven projects through the Northern and Indigenous Crime Prevention Fund, two of which are being developed in partnership with the Aboriginal Community Safety Planning Initiative and will address needs identified through community safety planning exercises.
  • The Aboriginal Community Safety Planning Initiative concluded a virtual engagement with Indigenous funding recipients and evaluation experts in October 2023, with further in-person engagements planned for 2024. The purpose of these engagements is to review Public Safety's evaluation process to determine how project evaluations can better reflect community needs and Indigenous perspectives.

Initiatives

Aboriginal Community Safety Planning Initiative and the Northern and Indigenous Crime Prevention Fund

Progress to date

Public Safety Canada's Aboriginal Community Safety Planning Initiative and the Northern and Indigenous Crime Prevention Fund, respond in part to Call for Justice 5.5iv by supporting Indigenous communities in the development of Community Safety Plans and the implementation of crime prevention initiatives that are community-led and specific to their unique circumstances. The Aboriginal Community Safety Planning Initiative supports the development of Community Safety Plans that identify community strengths, assets and safety and wellness goals to involve all community members on a path towards a healthier, safer home and community life. The Northern and Indigenous Crime Prevention Fund supports the implementation of culturally sensitive crime prevention practices that focus on addressing community-identified safety needs.

This initiative also supports Call for Miskotahâ 8 through community-led strategies to eliminate social and economic barriers that create disparities among Indigenous Peoples, including Métis women as well as Call for Miskotahâ 23, in funding community-led, culturally based programs and services to Indigenous Peoples, including Métis women and children. In doing so, it also supports Call for Miskotahâ 62 through community-based reconciliation activities to promote safe Indigenous communities.

To date, the Aboriginal Community Safety Planning Initiative has engaged with over 200 Indigenous communities across Canada, 139 of which have participated in the program. As a result, 60 Indigenous communities have completed and submitted safety plans. The Aboriginal Community Safety Planning Initiative has additionally entered into Contribution Agreements with 9 communities to implement community safety projects that respond to their distinct needs and priorities.

In 2022-23, Public Safety Canada supported the implementation of nine Indigenous-led Strengthening Community Readiness projects through the Northern and Indigenous Crime Prevention Fund, representing investments of $1.3 million. These projects focused on mobilizing communities, fostering partnerships and building protective factors amongst children and youth.

To further ensure funding processes reflect the needs of Indigenous communities, the Aboriginal Community Safety Planning Initiative is taking a leading role in improving Public Safety's evaluation processes, with the aim of supporting Indigenous communities across the country to benefit from the development of an evidence base of best practices and to identify challenges to supporting project evaluations with Indigenous funding recipients

In 2023-24, the Aboriginal Community Safety Planning Initiative engaged with 44 communities and has supported nine communities in completing their own Community Safety Plans. The program has also been engaging actively with 18 communities whose Community Safety Plans processes remain ongoing. Additionally, the Aboriginal Community Safety Planning Initiative has entered into 2 Contribution Agreements supporting community safety projects in Saskatchewan and Alberta. These community safety projects include:

  • Facilitating a joint tribal council engagement to develop a comprehensive safety strategy for 9 affiliated communities, providing a forum for individuals, agencies, organizations, community Elders and knowledge keepers to discuss various perspectives and potential solutions in the sphere of crime prevention and community safety; and
  • Building capacity to establish safety within the community by organizing various workshops and activities surrounding historical identity, youth empowerment, family ancestry, and community physical safety concerns.

In 2023-24, Public Safety is supporting the implementation of seven projects through the Northern and Indigenous Crime Prevention Fund. Two of these projects are being developed in partnership with the Aboriginal Community Safety Planning Initiative and will address needs identified through community safety planning exercises. By aligning the two programs, Public Safety is providing a holistic range of supports from community-led safety planning through to project design, implementation, and evaluation. As part of the ongoing effort to better align Public Safety's evaluation methods with Indigenous ways of knowing, the Aboriginal Community Safety Planning Initiative continues to meet regularly with research colleagues and has a series of virtual and in-person engagements planned to improve Public Safety's process. The Aboriginal Community Safety Planning Initiative concluded its virtual engagement with Indigenous funding recipients and practitioners in October 2023, with further in-person engagements planned for 2024 to improve Public Safety's evaluation efforts.

Funding and Partner Information

Lead Department: Public Safety
Funding Amount: $6.27 (Fall Economic Statement 2020) + $64.6M/5 years (Budget 2021) and $18.1M ongoing
Funding Source: Fall Economic Statement 2020, Budget 2021
Partners: Public Safety Regional Offices; Federal, Provincial and Territorial government departments responsible for crime prevention, community safety and wellbeing; Canadian universities, educational institutions/boards of education, and Centres of excellence; Indigenous communities and organizations; and Local governments and service providers
Related Calls for Miskotahâ: 8, 23, 62
Related Calls for Justice: 3.4, 3.5

5.6 Develop a comprehensive approach for the provision of support for families and survivors

2023-24 Updates

  • Through Budget 2023, the Government of Canada is providing $95.8 million over five years, and $20.4 million annually on an ongoing basis to expand support for Indigenous families of missing and murdered women, girls and 2SLGBTQI+ people (MMIWG2S+) in accessing information about their missing or murdered loved ones, enhance community supports to ensure that families of MMIWG2S+ have access to community-based, Indigenous-led support to assist them with the grief and trauma of their loss; and, to enhance the availability and accessibility of services and supports for Indigenous victims of crime and survivors of violence. A call for proposals was launched in October 2023 to increase the number of organizations providing community support and healing for families, with projects to begin after April 1, 2024.
  • $2.8 million has been committed towards civil and family mediation services and programming and 10 projects have received funding under the Trauma Informed Victims Training for a total of $797,000.
  • The Support for Wellbeing of Families and Survivors Program launched a new Call for Proposals and approved 14 projects, totaling $3.5 million.

Initiatives

Increasing access to Indigenous led and co-developed victim services and supports for Indigenous victims and survivors of crime

Progress to date

Through Budget 2023, the Government of Canada is providing $95.8 million over 5 years, and $20.4 million annually on an ongoing basis to expand support for Indigenous families of missing and murdered women, girls and 2SLGBTQI+ people (MMIWG2S+) in accessing information about their loved ones; enhance community supports to ensure that families of MMIWG2S+ have access to community-based, Indigenous-led support to assist them with the grief and trauma of their loss; and enhance the availability and accessibility of services and supports for Indigenous victims and survivors of crime.

Of this amount, $38.6 million over 5 years and $8.45 million annually on an ongoing basis was announced to create a new funding initiative:Supporting Indigenous Victims and Survivors of Crime (SIVC). This funding responds to Calls for Miskotahâ 20, 21, 22 and Calls for Justice 4.3, 16.29, 16.39 and 17.28 because it supports a wide range of Indigenous-led and co-developed activities to support and assist Indigenous victims of crime and survivors of violence across Canada.

Following Budget 2023's new investment, a call for proposals will be launched in late spring or early fall of 2024 to support a wide range of Indigenous-led and co-developed projects. This will supports Indigenous victims and survivors of crime and new justice system partnerships to better meet the needs of Indigenous victims and survivors of crime within the criminal justice system.

Funding and Partner Information

Lead Department: Justice Canada
Funding Amount: $38.5M/5 years and $8.45M annually ongoing
Funding Source: Budget 2023
Partners: Indigenous-led organizations supporting victims and survivors of crime and their families; Co-developed, Indigenous-supported programs delivered by non-Indigenous entities (e.g. enhancement of culturally accessible provincial and territorial victim services); Family members
Related Calls for Miskotahâ: 20, 21, 22
Related Calls for Justice: 4.3, 16.29, 16.39, 17.28

Indigenous-led community-based programs–Program Integrity inclusive of Trauma Informed Victims Training and Civil and Family Mediation

Progress to date

Expanding support for the Indigenous Justice Program will help maintain the availability of Indigenous-led community justice programs to provide safe and responsive, culturally relevant Indigenous and restorative justice programming in their communities. This includes prevention and reintegration (including diversion at the pre-charge, post-charge and sentencing stages) programming and ensuring that community justice workers are trained to support victims of violence through a trauma informed lens.

The expanded support for victims training and civil and family mediation responds directly to Calls for Justice 5.6 and 5.16 which calls for the development of adequate and reliable culturally relevant and accessible victim services to support Indigenous victims of crime, and community-based and Indigenous-specific options for sentencing . The funding also responds to Calls for Miskotahâ 41 which calls for action to eliminate the overrepresentation of Métis people in custody.

To date, 40 existing Indigenous Justice Program community justice programs received Civil and Family Mediation funds to address community and family conflicts and prevent their escalation,including those involving at-risk youth. These funds also provide opportunities for parents to resolve their disputes, including custody arrangements, more peacefully. In 2023-24, approximately $2.8M has been committed towards civil and family mediation services and programming. Additionally, 10 projects were funded for Trauma Informed Victims Training and have an approximate total of $797K committed towards the 2023-24 fiscal year.

Examples of this include the following:

  • Trauma-Informed Victims Training (First Nations): The Inuvik Justice Committee developed a training guide on "Facilitating Conversations from a Trauma-Informed Lens" as a restorative practice, to distribute to victim service providers and justice coordinators across the Territories. The 30 page guide covers trauma, effects of trauma on the brain and body, traumatic triggers, along with conversational guidelines for facilitating restoration and justice. This is particularly needed for the diversion process where a facilitated conversation may occur between the victim, offender, and service providers.
  • Civil & Family Mediation (First Nations): Tl'azt'en Nation will create a new position for a "Family Healing Liaison" that will provide mediation and conflict resolution for families and community members in the Tl'azt'en Nation in a way that is culturally relevant and responsive to the ongoing social factors that impact community wellbeing. The Family Healing Liaison will be trained to mediate between families in conflict, provide support and referrals for those in need of services, and facilitate healing initiatives for those impacted by trauma, crime, separation, grief, and more. This person will work alongside the current Justice Coordinator and develop working relations with other violence prevention sectors, including the Royal Canadian Mounted Police, Corrections, Fireweed Safe Haven for Women, Nechako Valley Community Services, and Victim Services.
  • Civil & Family Mediation (Métis): The Manitoba Métis Federation received funding to develop a new service for Métis citizens in Manitoba who require support and access to Mediation Services. The project will focus on providing mediation services in Child and Family Mediation. It will assist clients who require culturally responsive mediation services to develop a plan to resolve key conflicts within their family.
Funding and Partner Information

Lead Department: Justice Canada
Funding Amount: $13.6M over 3 years (Program Integrity) and $6.8M over 3 years (Civil and Family Mediation)
Funding Source: Budget 2021
Partners: Indigenous community partners; Provincial and Territorial delivery partners
Related Calls for Miskotahâ: 41
Related Calls for Justice: 1.8, 5.11, 5.16, 17.27

Support for the Wellbeing of Families and Survivors of Missing and Murdered Indigenous Women, Girls, and 2SLGBTQQIA+ People

Progress to date

This initiative supports the wellbeing and healing journeys of families and survivors across Canada through project-based funding, provided through an annual Call for Proposals. It responds to Call for Justice 5.6 as the program guidelines are designed to fill existing gaps and expand the scope of activities eligible for funding. In response to Calls for Miskotahâ 20, this program funds Indigenous organizations and families, inclusive of the Métis, to engage in healing work. As such, it supports this call in the area of healthcare and child and family welfare.

In 2022-23, the MMIWG Secretariat continued funding 12 projects and opened a new Call for Proposals for the Support for Wellbeing of Families and Survivors Program and approved 10 new multi-year projects and 3 new single-year projects. This year, the MMIWG Secretariat continued funding 10 projects and funded 1 new project totalling 3.5 million. From the projects funded in 2023-2024, one was an Inuit-led project, one was a Métis-led project and the remaining nine were First Nation-led projects.

Some examples of funded projects through this Program include:

Inuit-let project:
  • Pauktuutit – Illavut: This project focuses on collaborating with an advisory group comprised of surviving family survivors including Elders and youth from across Inuit Nunangat and urban cities to develop culturally relevant activities that support Inuit families and survivors.
Métis-let project:
  • Métis Central Western Region II– Wiiyawow Kishkishi pi Kiikew Project: This project aims to work with 24 families over two years in an intensive manner that honours their unique cultural, linguistic, and traditional identities.
First Nation-let project:
  • Cree Women of Eeyou Istchee - You are not alone: This project will construct a commemorative monument representing missing and murdered Indigenous women, girls, and 2SLGBTQI+ people at the entrance of the Eeyou Istchee territory to remind community members that their women have not be forgotten and the survivors are not alone.
Funding and Partner Information

Lead Department: Crown-Indigenous Relations and Northern Affairs Canada
Funding Amount: $12.5M/5 years and $2.5M ongoing
Funding Source: Budget 2021
Partners: National Family and Survivors Circle (for design of program); Indigenous grassroots groups; Non-profit organizations; Communities
Related Calls for Miskotahâ: 20
Related Calls for Justice: 3.7, 17.20

Supporting Families of Missing or Murdered Indigenous Women and Girls through Family Information Liaison Units

Progress to date

Through Budget 2023, the Government of Canada is providing $95.8 million over 5 years, and $20.4 million annually on an ongoing basis to expand support for Indigenous families of missing and murdered women, girls and 2SLGBTQI+ people (MMIWG2S+) to access information about their loved ones; enhance community supports to ensure that families of MMIWG2S+ have access to community-based, Indigenous-led support to assist them with the grief and trauma of their loss; and enhance the availability and accessibility of services and supports for Indigenous victims and survivors of crime.

Of this amount, $37.3 million over 5 years and $7.75 million annually on an ongoing basis was secured to ensure that the critical services provided by Family Information Liaison Units (FILUs) to families of missing and murdered Indigenous people continue to be available.This funding will also help FILUs to expand their operations to address gaps in service delivery and remain responsive to the needs of Indigenous communities.

Since 2016, FILUs funding has been renewed with one- and three-years of funding, creating significant stress for family member clients and strain on FILUs operations and partners. The ongoing funding announced in Budget 2023 will create a sustainable, long-term source of support centered on families, as well as permit new FILUs partnerships and increase capacity to undertake new activities in response to the gaps that family members have identified in FILUs operations. With this new funding commitment, the Government of Canada is seeking to ensure that FILUs support continues to be available to families.

Through Budget 2023 investments, funding was extended, expanded and increased for the Family Information Liaison Units to continue to help families across all 13 provinces and territories. This will help families access the available information they are seeking about their missing and murdered loved ones, across agencies, sectors and jurisdictions, with the support of a culturally-grounded, trauma-informed team to assist them through this process. FILUs also assist families in accessing culturally grounded healing supports and services at the community level to address the grief and trauma of their loss.

Funding and Partner Information

Lead Department: Justice Canada
Funding Amount: $37.3M over 5 years and $7.75M ongoing annually
Funding Source: Budget 2023
Partners: Provincial and territorial governments; FILU national networks (operational and frontline); Family members; Partner agencies in the justice system
Related Calls for Miskotahâ: N/A
Related Calls for Justice: 1.6, 16.29, 17.28

Supporting families of missing or murdered Indigenous Women and Girls through the Community Support and Healing for Families

Progress to date

Through Budget 2023, the Government of Canada is providing $95.8 million over 5 years, and $20.4 million annually on an ongoing basis to expand support for Indigenous families of missing and murdered women, girls and 2SLGBTQI+ people (MMIWG2S+) in accessing information about their loved ones; enhance community supports to ensure that families of MMIWG2S+ have access to community-based, Indigenous-led support to assist them with the grief and trauma of their loss; and enhance the availability and accessibility of services and supports for Indigenous victims and survivors of crime.

Of this amount, $20 million over 5 years and $4.15 million annually on an ongoing basis was committed to the Community Support and Healing for Families initiative to ensure that families of missing and murdered Indigenous people have access to Indigenous-led, community-based supports to assist them with their grief and their healing journey.

Through Budget 2023 investments, funding was extended during 2023-24 for Indigenous-led organizations to continue providing Community Supports and Healing for Families of MMIWG2S+. Increased funding was made available to expand supports to meet the needs of youth and children of missing or murdered parents and loved ones and the families of missing and murdered Indigenous men and boys. A call for proposals was launched in October 2023 to increase the number of organizations providing community support and healing for families, for projects beginning after April 1, 2024.

Funding and Partner Information

Lead Department: Justice Canada
Funding Amount: $20M over 5 years, and $4.15M annually ongoing
Funding Source: Budget 2023
Partners: Family members; Partner agencies in the justice system
Related Calls for Miskotahâ: N/A
Related Calls for Justice: 16.29, 17.28

5.11 Increase accessibility to culturally appropriate justice practices

2023-24 Updates

  • Justice Canada added a Recognition of Indigenous Rights and Self Determination table to discuss potential Administration of Justice Agreements for Indigenous communities.
  • Canada has earmarked $3 million in announced funding, including support to enhance Indigenous Family Courtwork services in those regions where services currently exist (i.e., Alberta, Saskatchewan, Quebec, Ontario, Northwest Territories) and over $100,000 to the Yellowhead Tribal Community Corrections Society in Alberta, and over $200,000 to Services Parajudiciaires Autochtones du Quebec. Previous family courtwork expansion projects were completed in 2023-24 in British Columbia, Alberta, Quebec, Nova Scotia and the Yukon
  • Justice Canada approved 31 projects informed by Gladue principles that focus on systemic change are committed for a total of $3.7 million.

Initiatives

Indigenous-led community-based programs–Program Integrity inclusive of Trauma Informed Victims Training and Civil and Family Mediation

Progress to date

Expanding support for the Indigenous Justice Program (IJP) will help maintain the availability of Indigenous-led community justice programs. These programs provide safe and responsive, culturally relevant Indigenous and restorative justice programming in communities. Programs are designed, delivered, and driven by Indigenous people. Programming reflects the justice values, traditions and culture of Indigenous communities.

The expanded support for IJP program integrity, victims training and civil and family mediation responds directly to Calls for Justice 1.8, 5.6, 5.11, 5.16 and 17.27, which call for the development of programming related to violence prevention; the development of adequate, reliable, culturally relevant and accessible victim services to support Indigenous victims of crime; community-based and Indigenous-specific options for sentencing and restorative justice; and rehabilitation programs specific to Métis needs and cultural realities. The funding also responds to Calls for Miskotahâ 41, which calls for action to eliminate the overrepresentation of Métis people in custody.

Funding and Partner Information

Lead Department: Justice Canada
Funding Amount: $13.6M over 3 years (Program Integrity) and $6.8M over 3 years (Civil and Family Mediation)
Funding Source: Budget 2021
Partners: Indigenous community partners, Provincial and Territorial delivery partners
Related Calls for Miskotahâ: 41
Related Calls for Justice: 1.8, 5.6, 5.16, 17.27

Strengthen Indigenous-led community-based programs–Indigenous Family Courtwork Services

Progress to date

Through recent investments, the Indigenous Courtwork Program has provided funding to provincial and territorial governments to expand the availability of existing Indigenous Family Courtwork services. Where previous structures did not exist, Justice Canada provided funding directly to Indigenous organizations to develop a framework for the delivery of services, in partnership with provinces and territories. All Indigenous families and individuals are eligible to receive Indigenous Courtwork services to help navigate the justice system and support increased connection to available, culturally appropriate justice-related services.

In 2022-23, Justice Canada earmarked the following funding:

  • $2.5 million to enhance Indigenous Family Courtwork services in regions where services currently exist (i.e. Alberta, Saskatchewan, Quebec, Ontario, Northwest Territories)
  • $66,000 to the Yukon Government to work with communities to develop an Indigenous Family Courtwork framework
  • $203,102 to Services Parajudiciaires Autochtones du Québec to improve Family and Criminal Court Services
  • $98,670 to the Mi'kmaw Legal Support Network to develop an Indigenous Family Courtwork Model in Nova Scotia

In 2023-24, Canada earmarked $3 million in announced funding, to support projects to enhance Indigenous Family Courtwork services in regions where services currently exist (i.e., Alberta, Saskatchewan, Quebec, Ontario, Northwest Territories). This funding also included over $100,000 to the Yellowhead Tribal Community Corrections Society in Alberta and over $200,000 to Services Parajudiciaires Autochtones du Quebec. Previous family courtwork expansion projects were completed in 2023-24 in British Columbia, Alberta, Quebec, Nova Scotia and the Yukon.

Funding and Partner Information

Lead Department: Justice Canada
Funding Amount: $6.7M over 3 years (2021-22 – 2023-24)
Funding Source: Budget 2021
Partners: Provinces, Territories; Service delivery agencies
Related Calls for Miskotahâ: 20, 41
Related Calls for Justice: 1.8

Justice Capacity related to Administration of Justice Agreements

Progress to date

The Department of Justice has increased its capacity to enable officials to participate at 13 Recognition of Indigenous Rights and Self-Determination discussion tables, expanded from 12 tables in 2022-23, where potential administration of justice agreements are being discussed. As part of this work, Justice Canada is advancing draft Negotiation Mandate Proposals, setting out proposed agreements between Canada and Indigenous governing bodies that will be negotiated over the next year.

In addition, dialogue with leaders and Indigenous communities on administration of justice has increased.There has also been a significant increase in requests for assistance from Indigenous groups seeking administration of justice-specific negotiation processes.

Justice Canada, in consultation with Crown-Indigenous Relations and Northern Affairs Canada, is working on supports for communities who wish to enter into negotiations for their own Administration of Justice Agreements.

Funding and Partner Information

Lead Department: Justice Canada
Funding Amount: $8.1M over 5 years
Funding Source: Budget 2021
Partners: Crown-Indigenous Relations and Northern Affairs Canada, Public Safety, and other relevant departments; Negotiating communities
Related Calls for Miskotahâ: N/A
Related Calls for Justice: 1.4, 1.6, 5.1

Support the implementation of Gladue Principles

Progress to date

The Government of Canada is supporting the implementation of Gladue Principles in the justice system across Canada, as well as Indigenous-led responses to help reduce the overrepresentation of Indigenous people in the criminal justice system. Supporting Gladue Principles responds to Calls for Justice 5.11, 5.15 and 5.16 by addressing systemic racism and other forms of discrimination against Indigenous peoples in the criminal justice system, through enhanced accessibility to meaningful and culturally appropriate programs and services, specific funding for Gladue Report Writing, and the delivery of community-based and Indigenous-specific options for sentencing. The funding also responds to Calls for Miskotahâ 41, 42 and 43, which call for action to eliminate the overrepresentation of Métis people in custody, the development for training and funding for Gladue writers and access to information on the availability of Gladue Reports.

The Indigenous Courtwork Program will continue working with provinces and territories, as well as Indigenous community partners, to roll out Gladue Report writing. Not all provinces and territories have Gladue Report writing in place. Funding will ramp up over 5 years to help build frameworks and models. Justice Canada earmarked $3.5M to provincial and territorial governments to increase access to Gladue reports in areas where services already exist, and directly to Indigenous organizations to develop a framework for the delivery of services, in partnership with provinces and territories, where services did not exist.

The Indigenous Justice Program continues to work with Indigenous community partners to provide post-sentence Gladue Aftercare funding. To date, Justice Canada has funded 44 Indigenous community-based justice programs to provide programming to assist individuals who have had a Gladue report in meeting the conditions of their sentence and implementing other recommendations from the report.

To date, Justice Canada, through the Indigenous Justice Program, has approved 31 projects informed by Gladue principles that focus on systemic change. The projects are committed to receive approximately $8.5M over four years, starting in 2021. These projects and initiatives focus on educating justice professionals and changing structures, policies, practices and institutions in the criminal justice system.

Examples of the Gladue Systemic Change projects include:

  • The Métis Nation British Columbia: Métis 101 for Justice System Professionals project, which will develop a Métis specific training program to educate justice professionals on Métis people and systemic barriers they face in the criminal justice system. The project will also provide information on Métis specific programming available to assist Gladue writers in the justice system. The written curriculum and program will have sessions recorded to become part of British Columbia's Indigenous Education Resource Inventory and Training. This project will ensure BC justice professionals become educated and culturally sensitive to Métis history and their struggles.
  • The Nunatsiavut Government, Inuit Cultural Awareness Educator Project, which will support an Inuit Cultural Educator who will work closely with partners in the justice system to develop and deliver a series of educational sessions. These sessions will educate criminal justice professionals in Newfoundland and Labrador about the culture and history of the Labrador Inuit.

Current examples of community-led Gladue Report development projects include:

  • Mi'kmaw Legal Support Network in Nova Scotia, where 2 training sessions are planned to upgrade or train 40 Gladue writers to better serve Nova Scotia. Writers will gather in either Cape Breton Island or on the mainland for one of the offered trainings. They will receive formal training which includes the history of the Gladue decision, the writing process and use of community resources. This will help writers from across the country receive consistent information and training on current trends, use reports, research, history and a consistent writing process and promote self-care for the writers themselves.
  • Mi'gmawe'l Tplu'taqnn Inc. (MTI) is leading 9 Mi'gmaq communities to develop the framework for a Gladue service model in New Brunswick. The goal of this project is to help reduce overincarceration, eliminate or reduce incarceration times and improve access to justice. MTI continues to work with the judiciary, provincial and federal partners in developing the model.
  • Southern Chiefs Organization (SCO) in Manitoba completed a draft delivery model and training 4 new Gladue report writers. They will begin their Gladue report delivery pilot project, where they will work with members of the judiciary, provincial and federal governments to develop a Gladue steering committee to help build the most appropriate model for the region, suited to fit the needs of SCO members as well as the judiciary.
Funding and Partner Information

Lead Department: Justice Canada
Funding Amount: $49.3M over 5 years and $9.7M ongoing
Funding Source: Fall Economic Statement 2020
Partners: Provincial and Territorial and regional partners; First Nation, Inuit and Métis community partners/service delivery agencies
Related Calls for Miskotahâ: 41, 42, 43
Related Calls for Justice: 5.15, 5.16

5.12 Increase Indigenous representation in all Canadian courts, including within the Supreme Court of Canada

2023-24 Updates

  • The Public Prosecution Service of Canada has created three Inuit Court Worker paralegal positions in the Nunavut Regional Office that were staffed this fiscal year.
  • The Inuit Courtworker program is now fully operational and Inuit Courtworker have overseen the summary offences court in Iqaluit and have now started going on circuit to address summary matters in all communities in Nunavut.

Initiatives

Create and staff four Inuktut-speaking Inuit paralegal positions in Nunavut

Progress to date

Public Prosecution Service of Canada's Nunavut Regional Office is committed to increasing Inuit representation as decision-makers in the criminal justice system in Nunavut. The Public Prosecution Service of Canada's Inuit Employment Plan contains an employment strategy aimed at increasing the number of Inuit employees to a representative level. The Plan includes removing employment barriers, increasing Inuit representation on staffing panels, career laddering within the office and emphasizing the acquisition of leadership skills through formal and on-the-job training.

Through the hiring and development of Inuktut-speaking Inuit paralegals, direct Inuit participation in prosecutions is increased. The Public Prosecution Service of Canada has created three (3) Inuit Court Worker paralegal positions in the Nunavut Regional Office. In 2023-24 all these positions have been successfully staffed.

The Nunavut Regional Office launched an Inuit Courtworker program in 2022-23, a first of its kind in the country. The Inuit Courtworker Program includes an intensive training program including university courses, self-study, hands-on training, and hands-on experience under the direct supervision and mentorship of a Senior Counsel, to train junior courtworkers to become paralegals able to act independently on behalf of the Public Prosecution Service of Canada in the Nunavut Justice of the Peace Court and in summary conviction matters throughout Nunavut. This program is the result of a long-held goal by the Public Prosecution Service of Canada and other justice participants in Nunavut that the Court and its participants should be more representative of the population of Nunavut.

The Inuit Courtworker program is now fully operational and Inuit Courtworkers have successfully overseen the summary offences court in Iqaluit for more than six months, and have now also started going on circuit to address summary matters in all communities in Nunavut. Further, the Nunavut Regional Office has hired an Inuit paralegal trainee, with the long-term goal to train this person to be promoted to a working level paralegal position. They are hoping to hire a second paralegal trainee through the same process, to increase Inuit representation within decision-makers in the criminal justice system in Nunavut.

Funding and Partner Information

Lead Department: Public Prosecution Service of Canada
Funding Amount: $23.5M/3 years (shared by all four PPSC initiatives)
Funding Source: Budget 2021
Partners: Pilimmaksaivik (Federal Centre of Excellence for Inuit Employment in Nunavut); Maliiganik Tukisiiniakvik Legal Services (Nunavut Legal Aid) and the Nunavut Court of Justice
Related Calls for Miskotahâ: N/A
Related Calls for Justice: N/A

Increase prosecutorial capacity, including Indigenous victim and witness support in the three territories

Progress to date

The Public Prosecution Service of Canada Inuit Employment Plan contains an employment strategy aimed at increasing the number of Inuit employees to a representative level. The Plan includes removing employment barriers, increasing Inuit representation on staffing panels, career laddering within the office and emphasizing the acquisition of leadership skills through formal and on-the-job training.

Through the hiring and development of Inuktut-speaking Inuit paralegals, direct Inuit participation in prosecutions as decision makers has increased. The Public Prosecution Service of Canada has created three Inuit Court Worker paralegal positions in the Nunavut Regional Office. In 2023-24, and all of these positions are successfully staffed.

Since 2021, the Public Prosecution Service of Canada has been taking other meaningful measures to improve Inuit employment levels. The organization supported two employees enrolled in the Nunavut Law Program to complete their law degree and return to the Nunavut Regional Office as articling students. In addition, three other Inuit articling students were hired from the Nunavut Law Program.

Further, Public Prosecution Service of Canada's Nunavut Regional Office is committed to increasing Inuit representation as decision-makers in the criminal justice system in Nunavut. The Nunavut Regional Office has launched a new Inuit Courtworker program, a first of its kind in the country. The Inuit Courtworker Program includes an intensive training program including university courses, self-study, hands-on training, and hands-on experience under the direct supervision and mentorship of a Senior Counsel to train junior courtworkers to become paralegals able to act independently on behalf of the Public Prosecution Service of Canada in the Nunavut Justice of the Peace Court and in summary conviction matters throughout Nunavut. This program is the result of a long-held goal by the Public Prosecution Service of Canada and other justice participants in Nunavut that the Court and its participants should be more representative of the population of Nunavut.

The Inuit Courtworker program is now fully operational, and Inuit Courtworker have overseen the summary offences court in Iqaluit for more than six months, very successfully, and have now also started going on circuit to address summary matters in all communities in Nunavut. Further, the Nunavut Regional Office has hired an Inuit paralegal trainee, which is in the long-term goal to train this person to be promoted to a working level paralegal position. We are hoping to hire a second paralegal trainee through the same process, to increase Inuit representation within decision-makers in the criminal justice system in Nunavut.

Funding and Partner Information

Lead Department: Public Prosecution Service of Canada
Funding Amount: $23.5M/3 years (shared by all four public initiatives)
Funding Source: Budget 2021
Partners:
Related Calls for Miskotahâ: N/A
Related Calls for Justice: 1.5, 9.2

5.13 Expand legal aid programs to ensure that Indigenous women, girls, and 2SLGBTQQIA people have access to justice and meaningful participation in the justice system

2023-24 Updates

  • The Government of Canada earmarked an additional $60 million in 2023-24 to increase the federal contribution to criminal legal aid services to address the over-representation of vulnerable individuals, including Indigenous peoples, before the criminal courts, and to further support a justice system that remains fair and accessible to all Canadian

Initiatives

Funding for increased Criminal Legal Aid supports

Progress to date

Through Budget 2022, the Government of Canada earmarked an additional $60M in 2023-24 to increase the federal contribution to criminal legal aid services to address the over-representation of vulnerable individuals, including Indigenous peoples, before the criminal courts, and to further support a justice system that remains fair and accessible to all Canadians.

Funding and Partner Information

Lead Department: Justice Canada
Funding Amount: $60M in 2023-24
Funding Source: Budget 2022
Partners: Federal-Provincial-Territorial Permanent Working Group on Legal Aid; Federal, provincial and territorial governments
Related Calls for Miskotahâ: N/A
Related Calls for Justice: N/A

5.15 Consider Gladue reports as a right and to resource them appropriately

2023-24 Updates

  • The Indigenous Courtwork Program allocated over $3 million to provinces, territories and Indigenous organizations to support the development-of and/or increased access-to Gladue reports.

Initiatives

Support the implementation of Gladue Principles

Progress to date

In 2023-2024, the Indigenous Courtwork Program allocated over $3M to provinces, territories and Indigenous organizations to support the development of, and increased access to, Gladue reports. The increased involvement of Court workers through the Indigenous Courtwork Program has provided the court with access to information which it otherwise would not have had. It has also enabled Gladue Principles to be applied more consistently, and led to better Indigenous Courtwork Program client and court decisions.

According to a 2023 Justice Canada study, the approach used to provide Gladue report writing services varies by province or territory. Some jurisdictions use a centralized system for the provision of Gladue reports, while others use a more decentralized approach where Gladue report writing services are available through many different organizations. Funding for Gladue report writing services also varies by jurisdiction; however, most of the organizations are funded through federal, provincial, or territorial governments.

The 2020 Fall Economic Statement announced $14M over 5 years and $3.5M ongoing for the development of Gladue reports. Justice Canada continues its work with provinces, territories and Indigenous governments and organizations across the country to increase the availability of Gladue reports and develop Gladue report delivery models. Canada has supported increased availability in British Columbia, Yukon Alberta, Ontario, Quebec, Nova Scotia and Prince Edward Island, while working alongside government and Indigenous partners to develop frameworks in Manitoba, Northwest Territories, and New Brunswick.

The Indigenous Courtwork Program supports the federal government's commitment to addressing the overrepresentation of Indigenous peoples in the justice system through being responsive to the holistic needs of clients. The 2023 evaluation, conducted by the Audit and Evaluation Sector, found that the Indigenous Courtwork Program helps clients receive fair, equitable and culturally sensitive treatment and connects clients to culturally relevant resources and programming. The evaluation also concluded that the program helps clients to understand judicial process and court proceedings, while simultaneously providing valuable information and insight to the judicial and court officials. In 2024-25, the Indigenous Courtwork Program will hold a Call for Proposals to support priorities identified by the Tripartite Working Group on the Indigenous Courtwork Program.

Funding and Partner Information

Lead Department: Justice Canada
Funding Amount: $49.3M over 5 years and $9.7M ongoing
Funding Source: Budget 2021
Partners: Provincial and Territorial and regional partners; First Nation, Inuit and Métis community partners and service delivery agencies
Related Calls for Miskotahâ: 41, 42, 43
Related Calls for Justice: 5.11, 5.16

5.16 Provide community based and Indigenous-specific options for sentencing

2023-24 Updates

  • Support continued for the Indigenous Justice Program (IJP) to help maintain the availability of Indigenous-led community justice programs to provide safe and responsive, culturally relevant Indigenous and restorative justice programming in communities, including community-based sentencing options and supports like sentencing circles. Programs are designed, delivered and driven by Indigenous people. Programming reflects the justice values, traditions and cultures of Indigenous communities.

Initiatives

Indigenous-led community-based programs–Program Integrity inclusive of Trauma Informed Victims Training and Civil and Family Mediation

Progress to date

Expanding support for the Indigenous Justice Program (IJP) will help maintain the availability of Indigenous-led community justice programs to provide safe and responsive, culturally relevant Indigenous and restorative justice programming in communities, including community-based sentencing options and supports like sentencing circles. Programs are designed, delivered and driven by Indigenous people. Programming reflects the justice values, traditions and cultures of Indigenous communities.

The expanded support for IJP program integrity, victims training and civil and family mediation responds directly to Calls for Justice 1.8, 5.6, 5.11, 5.16 and 17.27, which call for the development of programming related to violence prevention, the development of adequate and reliable culturally relevant and accessible victim services to support Indigenous victims of crime, community-based and Indigenous-specific options for sentencing and restorative justice, and rehabilitation programs specific to Métis needs and cultural realities. The funding also responds to Calls for Miskotahâ 41 which calls for action to eliminate the overrepresentation of Métis people in custody.

Funding and Partner Information

Lead Department: Justice Canada
Funding Amount: $13.6M over 3 years (Program Integrity) and $6.8M over 3 years (Civil and Family Mediation)
Funding Source: Budget 2021
Partners: Indigenous community partners, Provincial and Territorial delivery partners
Related Calls for Miskotahâ: 41
Related Calls for Justice: 1.8, 5.6, 5.11, 17.27

Support the implementation of Gladue Principles

Progress to date

The Government of Canada is supporting the implementation of Gladue Principles in the justice system across Canada, as well as Indigenous-led responses to help reduce the overrepresentation of Indigenous people in the criminal justice system. Supporting Gladue Principles responds to Calls for Justice 5.11, 5.15 and 5.16 by addressing systemic racism and other forms of discrimination against Indigenous peoples in the criminal justice system through enhanced accessibility to meaningful and culturally appropriate justice programs, specific funding for Gladue Report Writing and the delivery of community-based and Indigenous-specific options for sentencing. The funding also responds to Calls for Miskotahâ 41, 42 and 43, which call for action to eliminate the overrepresentation of Métis people in custody, the development for training and funding for Gladue writers and access to information on the availability of Gladue Reports.

The Indigenous Courtwork Program will continue working with provinces and territories, as well as Indigenous community partners, to roll out Gladue Report writing. Not all provinces and territories have Gladue Report writing in place. Funding will ramp up over 5 years to help build frameworks and models. Justice Canada earmarked $3.5M to provincial and territorial governments to increase access to Gladue reports in those areas where services already exist, and directly to Indigenous organizations to develop a framework for the delivery of services, in partnership with provinces and territories, where services did not exist.

The Indigenous Justice Program continues to work with Indigenous community partners to provide post-sentence Gladue Aftercare funding. To date, Justice Canada has funded 44 Indigenous community-based justice programs to provide programming to assist individuals who have had a Gladue report in meeting the conditions of their sentence and implementing other recommendations from the report.

To date, Justice Canada, through the Indigenous Justice Program, has approved 31 projects informed by Gladue principles that focus on systemic change. The projects are committed to receive approximately $8.5M over four years, starting in 2021. These projects and initiatives focus on educating justice professionals and changing structures, policies, practices and institutions in the criminal justice system.

Examples of the Gladue Systemic Change projects include:

  • The Saskatoon Tribal Council project, STC Reconciling Justice: Understanding and Healing from Our History, which will educate justice professionals and stakeholders on the importance of the Gladue decision and the unique considerations involved when sentencing Indigenous offenders.
  • The Yellowhead Tribal Community Correction Society project, Changes to systemic barriers to accessing justice, which will explore the systems, policies, processes, and practices that influence the sentencing of Indigenous people involved in the Alberta provincial justice system.

Current examples of community-led Gladue Report development projects include:

  • Mi'kmaw Legal Support Network in Nova Scotia, where 2 training sessions are planned to upgrade or train 40 Gladue writers to better serve Nova Scotia. Writers will gather in either Cape Breton Island, or on the mainland, for one of the offered trainings. They will receive formal training which includes the history of the Gladue decision, the writing process and use of community resources. This will help writers from across the country receive consistent information and training on current trends, use of reports, research, history and a consistent writing process and promote self-care for the writers themselves.
  • Mi'gmawe'l Tplu'taqnn Inc. (MTI) is leading 9 Mi'gmaq communities to develop the framework for a Gladue service model in New Brunswick. The goal of this project is to help reduce overincarceration, eliminate or reduce incarceration times and improve access to justice. MTI continues to work with the judiciary, provincial and federal partners to develop the model.
  • Southern Chiefs Organization (SCO) in Manitoba completed a draft delivery model and trained 4 new Gladue report writers. They will begin their Gladue report delivery pilot project, where they will work with members of the judiciary, provincial and federal governments to develop a Gladue steering committee to help build the most appropriate model for the region, suited to fit the needs of SCO members as well as the judiciary.

In consultation and cooperation with First Nations, Inuit and Métis, Justice Canada is developing an Indigenous Justice Strategy to address systemic discrimination and the overrepresentation of Indigenous people in the justice system. Further supports to Gladue services has consistently been identified as a pressing need to be addressed by the Strategy across regions and distinctions.

Funding and Partner Information

Lead Department: Justice Canada
Funding Amount: $49.3M over 5 years and $9.7M ongoing
Funding Source: Fall Economic Statement 2020
Partners: First Nation, Inuit and Métis community partners and service delivery agencies; Provincial, territorial and regional partners
Related Calls for Miskotahâ: 41, 42, 43
Related Calls for Justice: 5.11, 5.15

5.21 Reduce the gross overrepresentation of Indigenous women and girls in the criminal justice system

2023-24 Updates

  • In August 2023, Justice Canada released a What We Learned Report on Wave 1 of its engagement on the Indigenous Justice Strategy, summarizing key themes identified from in-person and online engagement activities with over 700 individuals from November 2022 to March 2023. Two of these sessions focused on the perspective of Indigenous women, girls and 2SLGBTQI+ people, recognizing the unique challenges and issues they face in the justice system. This report also includes themes identified from the 250 individuals that registered and participated in the online engagement activities hosted on the Indigenous Justice Strategy's online engagement platform. This report will be instrumental in developing an Indigenous Justice Strategy that effectively addresses systemic discrimination and the overrepresentation of Indigenous people, including women and girls, in the justice system.
  • Budget 2024 renewed the engagement funding for three years so that Justice Canada can continue to work with Indigenous partners on the development of the Indigenous Justice Strategy. This next phase of engagement will involve: (1) consultation and cooperation with Indigenous partners, provinces and territories through validation of a key elements draft of the Strategy; (2) co-development of elements of proposed final Strategy with key Indigenous partners, including National Indigenous Organizations (NIOs) and select modern treaty holders; and (3) targeted tripartite collaboration with Indigenous partners, provinces and territories to support regional and distinctions-based implementation of the Strategy.
  • In Spring 2024, Justice Canada released: (1) a What We Learned Report on Wave 2 of its engagement on the Indigenous Justice Strategy, describing the outcomes of the in-person gatherings and broader virtual sessions that were held across the country; (2) a People with Lived Experience Report, summarizing the 14 in-person engagement sessions at various federal correctional institutions and section 81 facilities.

Initiatives

Engaging with Indigenous partners on an Indigenous Justice Strategy

Progress to date

In consultation and cooperation with First Nations, Inuit and Métis, Justice Canada is developing an Indigenous Justice Strategy to address systemic discrimination and the overrepresentation of Indigenous people in the justice system. Given their key role and jurisdiction in relation to the administration of justice, this work is also being done in close collaboration with provinces and territories.

Following a Call for Proposals, Justice Canada provided $11M in funding to 38 Indigenous partners and organizations - including Native Women's Association of Canada, Les Femmes Michif Otipemisiwak, Pauktuutit Inuit Women of Canada and Ontario Native Women's Association - to engage with their members and citizens on what an Indigenous Justice Strategy in Canada could and should include. To compliment this Indigenous-led engagement, Justice Canada engaged directly with a diverse representation of Indigenous voices, including Indigenous justice experts, Elders, 2SLGBTQI+ people, women, youth, those living in urban settings and those with lived experience in the justice system, through two waves of engagement involving both in-person and virtual dialogue sessions. Beginning in Spring 2024, Justice Canada launched a period of public validation and targeted consultation on a key elements draft of the Indigenous Justice Strategy, reflecting what we have learned in our engagements to date. A parallel process of co-development with key Indigenous partners was initiated at the same time, with the intent of releasing a final co-developed strategy by Fall 2024.

The broad and inclusive engagement approach for the development of the Indigenous Justice Strategy, which is designed to fully respect the self-determination of Indigenous groups, allows for Indigenous partners to identify the legislative, program and policy initiatives needed to support the revitalization of their legal traditions and justice systems, as well as changes to the existing criminal justice system. As such, engagement on the Indigenous Justice Strategy and the strategy itself supports Calls for Miskotahâ 8, 16, and 41, as well as Calls for Justice 5.1 through 5.25, that focus on justice specific actions to address systemic discrimination and the overrepresentation of Indigenous people in the justice system, whether as victims, accused or offenders.

In August 2023, Justice Canada released a What We Learned Report on Wave 1 of its engagement on the Indigenous Justice Strategy, summarizing key themes identified from the 26 virtual dialogue sessions that convened over 700 individuals from November 2022 to March 2023. This includes a section on what was heard from Indigenous women. A second What We Learned Report, summarizing the outcomes of the second wave of Department-led engagement from April to December 2023, was published in Spring 2024.

Funding and Partner Information

Lead Department: Justice Canada
Funding Amount: $24.2M over 3 years (Budget 2021); $25.1 M over 3 years (Budget 2024)
Funding Source: Budget 2021, Budget 2024
Partners: Indigenous people across Canada; Indigenous partners; Funding recipients; Provincial, territorial, and federal governments; Kûwiingu-Néewul Engagement Services, an Indigenous consultant group
Related Calls for Miskotahâ: 8, 16, 41
Related Calls for Justice: 5.1, 5.3, 5.10, 5.11, 5.12, 9.1, 9.2

5.24 Amend data collection and intake-screening processes to gather distinctions-based and intersectional data about Indigenous women, girls, and 2SLGBTQQIA people

2023-24 Updates

  • Statistics Canada is advancing the collection of data on Indigenous identity of victims and accused in national police-reported crime statistics in response to growing demands for information contributing to a better understanding of the experiences of Indigenous Peoples in terms of their interaction with the police as accused and victims of crime.
  • Between 2022 to January 2024, Statistics Canada conducted a second phase of engagements with various partners on how to advance the collection of data on Indigenous identity of victims and accused through national police-reported crime statistics.
  • On July 24, 2023, Statistics Canada published an interim status report to share the progress of the initiative.
  • In 2023-24, Crown-Indigenous Relations and Northern Affairs Canada funded 19 Indigenous-Led Data Research Projects Program projects from the 2021-22 Call for Proposals, totaling $1.880 million.

Initiatives

Disaggregated data and new data collection: Advance the collection of data on Indigenous identity of victims and accused through national police-reported crime statistics–data development

Progress to date

This initiative responds to Call for Justice 5.24 by responding to the demand for data on the Indigenous identity of accused and victims in police-reported criminal incidents to inform questions of over-representation, inequity and systemic bias in policing.

On July 15, 2020, a joint announcement was made by Statistics Canada and the Canadian Association of Chiefs of Police committing to working collaboratively on the collection of Indigenous and racialized identity data of all accused and victims of criminal incidents through the Uniform Crime Reporting Survey. The announcement was in response to increasing demands for better disaggregated data that would speak to the disparate treatment and overrepresentation of Indigenous and racialized persons in the Canadian criminal justice system. A lack of national-level data has made it difficult to assess the extent of these issues accurately and to develop effective solutions.

From July 2021 to February 2022, Statistics Canada conducted a first phase of engagements. This feedback led to Statistics Canada publishing a draft report and recommendations in September 2022 to guide the next phases of the initiative. From July 2022 to January 2024, Statistics Canada conducted a second phase of engagements with various partners with diverse perspectives, including community organizations, academics, police services, police associations and other parties of interest at the national, provincial or territorial, municipal, and local government levels. Overall 785 organizations were contacted, including 133 Indigenous representative bodies and organizations. In total, 131 organizations participated, including 17 Indigenous representative bodies and organizations. These engagements sought input on:

  • operational needs, concerns and issues
  • guidelines on how to best collect Indigenous and racialized information
  • guidelines on when it is appropriate to collect Indigenous and racialized information
  • ways to develop the standards and guidelines
  • provincial legislation and privacy acts that may affect Indigenous and racialized identity data collection
  • the use of data after collection.

This information is the basis for work of a new Special Purpose Committee under the Canadian Association of Chiefs of Police that was launched to guide the operationalization of the data collection. The deliverables include the development of guidelines for police around key themes related to data collection and reporting: legislation/regulations; community engagement and outreach; training/education/awareness; data standards (systems); data use, analysis and dissemination.

Funding and Partner Information

Lead Department: Statistics Canada
Funding Amount: $500,000
Funding Source: Disaggregated Data Action Plan
Partners: Police; Indigenous organizations
Related Calls for Miskotahâ: N/A
Related Calls for Justice: 17.2

Indigenous-Led Data Research Projects Program / National Indigenous Data Advisory Group on MMIWG2S+

Progress to date

This initiative responds to Call for Justice 5.2 as it funds Indigenous-led data projects to improve the data landscape on Indigenous women, girls, and 2SLGBTQI+ people by developing quantitative distinctions-based indicators, addressing methodological gaps, or working to define safety through Indigenous ways of understanding.

In 2021-22, the MMIWG Secretariat held a Call for Proposals for the Indigenous-Led Data Research Projects Program, and subsequently provided funding for 17 multi-year projects, some going until 2026-27. In 2023-24, the MMIWG Secretariat is funding 19 projects from the 2021-22 Call for Proposals. The total funding contribution to this important work totaled 1.880 million for the 2023-24 fiscal year.

Les Femmes Michif Otipemisiwak – Engaging with Governmental Data Holders to Extract Data and Promote Culturally Competent Research on Missing and Murdered Métis Women, Girls and 2SLGBTQQIA+ Métis: This project received funding to seek distinctions-based (i.e., Métis-specific) quantitative data on MMIWG from existing governmental data holders, in order to develop culturally competent data indicators supporting the core indicator of "human security".

Ontario Federation of Indigenous Friendship Centres – Safety and Belonging: Self-voicing Notions of Urban Indigenous 2SLGBTQQIA+ Data Sovereignties and Community Care in Friendship Centre Communities, and their second project is Gathering Our Stories – Indigenous 2SLGBTQQIA+ Data & Research Initiatives: These projects received funding for to fundamentally change the way information about Indigenous 2SLGBTQQIA+ individuals and communities is gathered, analyzed, and shared, by developing innovative Indigenous community-driven approaches, strategies and resources.

Funding and Partner Information

Lead Department: Crown-Indigenous Relations and Northern Affairs Canada
Funding Amount: $8.5M over 6 years
Funding Source: Budget 2021
Partners: Funding recipients
Related Calls for Miskotahâ: N/A
Related Calls for Justice: 16.44, 17.2, 18.4

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