Sheila Bautz
Special to the Northern Advocate
On June 11, the Assembly of First Nations (AFN) released the National First Nations Justice Strategy (FNJS). The FNJS is the result of a five-year consultation between First Nations and the Government of Canada’s Justice Department, who are co-developers of the landmark document. The FNJS includes Inuit and Métis chapters within the legal document to address their specialized needs in the Canadian justice system.
“Canada’s first-ever Indigenous Justice Strategy is a crucial step forward to address longstanding and systemic discrimination and racism in Canada’s justice system,” said Arif Virani, the federal Minister of Justice and Attorney General of Canada. “The intensive distinctions-based engagement process undertaken over the past two years was critical to ensure the Strategy reflects the specific realities and barriers faced by First Nations, Inuit and Métis, while also respecting their distinct laws, cultures and traditions.”
In 2021, following the release of the National Inquiry into Missing and Murdered Indigenous Women and Girls (MMIWG) Final Report, the federal Minister of Justice and Attorney General of Canada was mandated to develop the Indigenous Justice Strategy (IJS).
“A key element of criminal justice reform is continued work to implement the National Inquiry into Missing and Murdered Indigenous Women and Girls’ 231 Calls for Justice and the Truth and Reconciliation Commission [TRC] Calls to Action,” stated AFN National Chief Cindy Woodhouse Nepinak in a released statement. “Many of the Calls are focused on addressing problems in policing, corrections, and systemic racism in the legal system. Political will is essential to the collaborative implementation of the AFN National First Nations Justice Strategy. We call on all governments to commit to making transformative change together.”
According to the AFN, the National Inquiry into MMIWG 231 Calls for Justice and the TRC Calls to Action are key elements of criminal justice reform. These Calls to Action target problems and address racism and systemic oppression techniques resulting in biased legal opinions and consequences for many Indigenous people.
In 2021, an extensive national engagement involving political discussions focused on the justice system. These discussions occurred between First Nations people and the federal Justice Department. The collective goal was to co-develop a strategy and distinguish the distinctions-based elements for the IJS. The federal Justice Department engaged in conversations with thirty-eight First Nations, Métis, Inuit organizations and their associated advocacy groups.
On November 1, 2022, the Government of Canada announced its commitment to developing an informed IJS resulting from the lived experiences of First Nations, Inuit and Métis people. This resulted in a requirement to partake in consultation and collaboration with Indigenous Peoples, provinces and territories across Canada.
“Canada’s Indigenous Justice Strategy is a vital step toward meaningful change,” said Victoria Pruden, President of the Métis National Council. “This strategy reflects our shared commitment to addressing the unique needs of Métis citizens and seeks to ensure our rights, cultures, and communities are respected within the justice system. By working together, we move closer to a future where justice is truly equitable, and the voices of the Métis Nation are heard and upheld. Implementation must be swift to immediately address the over-representation of Métis at all levels of Canada’s justice system and uphold self-determined Métis justice systems.”
In January 2024, the AFN submitted an interim report to the federal Justice Department entitled Recommendations for a First Nations Justice Strategy. The report highlights three years of communication with First Nations, including two National AFN Forums and a National Virtual Justice Speaker Series. While the co-development efforts were largely positive and constructive, the federal objective for the IJS was to create a high-level strategic document that set out “a vision and priority areas for work going forward”.
However, First Nations were clear through AFN engagement that they expected targeted, actionable, and focused measures and priorities to implement the IJS. The AFN was mandated to develop the FNJS, which includes many of the specified recommendations identified through the AFN engagement discussions.
“Experience has taught us that we will only make real progress in addressing overrepresentation of Indigenous peoples in the criminal justice system if we work holistically, across the entire justice system,” said federal Minister Virani. “And we must do this in partnership with Indigenous peoples, as well as with provinces and territories. The Strategy will guide us in this important collaborative work going forward.”
On March 10, 2025, the federal Minister of Justice announced the release of the IJS to address systemic discrimination and overrepresentation of Indigenous people in the Canadian criminal justice system.
“The Indigenous Justice Strategy is the product of years of collaborative work with First Nations, Métis and Inuit partners,” said David McGuinty, federal Minister of Public Safety Canada. “I extend my thanks to everyone for their tireless work. The release of the Indigenous Justice Strategy is an important step forward in the fight against systemic discrimination against Indigenous peoples in the criminal justice systems.”
The AFN supports the release of the IJS containing the Inuit and Métis chapters while publicly acknowledging the years of advocacy and effort that went into its development.
“Inuit Tapiriit Kanatami is pleased with the release of the Indigenous Justice Strategy, whose Inuit chapter was co-developed with ITK and Inuit Treaty Organizations and provides solutions for improving access to justice for our people through Inuit-led interventions,” said Natan Obed, President of Inuit Tapiriit Kanatami. “The chapter includes priorities such as developing infrastructure critical to the safety of our communities, supporting community wellness and wrap-around supports to help prevent crime, and ensuring police and corrections services are culturally relevant and responsive to our needs. We look forward to working with partners on the implementation of this important strategy in the coming months.”
The Assembly of First Nations FNJS is designed to support First Nations in addressing the crisis level of overrepresentation of First Nations people in correctional institutions. The FNJS advocates to improve the experiences of those involved with the criminal justice system. It is also a powerful document that supports First Nations people with restoring their laws and legal systems.
The FNJS containing the IJS Inuit and Métis chapters is an evergreen document that will be amended over time. The evaluation mechanisms designed ensure regular oversight and accountability checkpoints are measured to establish whether the justice strategy is meeting its intended objectives. If it is not, the FNJS allows for adjustments and amendments to be made.
The AFN continues to request all forms of governments to support the transformation of the First Nations and Indigenous people returning to their traditional laws and justice systems. AFN established two pathways to achieve the re-introduction and authority of their traditional legal system. The first pathway revitalizes First Nations traditional laws and legal systems into their full power. The second pathway focuses on reforming the Canadian criminal justice system.
“Some of the strategies identified along these two paths include providing legal frameworks and legislative authority to support the enforcement of First Nations laws, advancing culturally responsive policing services, establishing a national gang-exit strategy, and increasing access to First Nations-controlled healing lodges,” said Woodhouse Nepinak.
In addition, the FNJS will address the historical, long-standing issues that are evident in all areas of the existing Canadian legal system. Twenty-five flexible strategies are outlined to accomplish this.
The First Nations-driven approaches to reform existing systemic structures within Canada’s criminal justice system include addressing racial profiling, over-representation of Indigenous people in the justice system, stereotypes and legal harassment of Indigenous people by legal authorities.
