Shared Perspectives and Priorities Across the Country

While every regional conversation in Wave 2 captured the unique circumstances and needs of the First Nations, Inuit, and Métis people of those regions, several key issues and ideas were identified from coast to coast to coast. As noted in Table 1, most suggested actions focused on reforms to the current justice system.

Table 1. Suggested actions by theme
Theme Count of suggested actions
Reforming the current system 708
Supporting Indigenous justice systems 307

Funding

While funding came up as a key issue across both themes, it was repeatedly mentioned as the greatest barrier to communities supporting and managing Indigenous justice systems.

Participants noted that funding is almost always:

We heard that communities have the knowledge, desire, and skills to develop and manage Indigenous justice systems but lack the capacity and finances. “Fund it and get out of our way,” was repeated by participants in many conversations. We heard when Indigenous communities manage their own justice matters, it saves the Canadian justice system both time and money. Frustration echoed in every conversation around the fact that Indigenous organizations provide greater benefit for Indigenous people in the justice system with fewer resources, and that they should be funded and supported according to their needs.

In particular, participants highlighted the need for funding that can be applied to infrastructure investments, rather than only salaries and program expenses. Building the correct spaces for community-based programs is integral to their success, and the upfront costs of new buildings are often cost-prohibitive for communities. In remote regions, funding to upgrade infrastructure such as fibre optic internet connections is increasingly important, but funding is extremely limited.

Intervention, Aftercare, Healing

Community-based wrap-around services were cited as the most important element to the success of local Indigenous justice systems, including within the urban Indigenous context where the majority of Indigenous people live. Participants noted that every component of the justice system should be community-led, from policing, diversion, courts and hearings, sentencing, and corrections, to healing and reintegration. We heard that if the community handled its own policing and community safety, far fewer charges would be laid and alternative solutions that better support community healing could be implemented. We also heard that the colonial court system is confusing, overwhelming, triggering, and logistically challenging for many Indigenous people to access. Participants spoke at length about the effectiveness and cultural importance of Sharing and Sentencing Circles, and traditional methods of healing including Healing Lodges, land-based ceremonies and learning opportunities, and working with victims and their families to make reparations and heal the community.

Victim and Family Support Services

Victim and family support services were noted as being woefully under-resourced and overlooked by the Canadian justice system, and an area where communities have the required insight and experience to assist and support. Victims are often retraumatized by their experiences with the justice system, including speaking with uniformed officers, attending court dates in the same building as the person they are testifying against, not being informed when perpetrators of crime return to the community, and lack of access to healing and wellness programs. Participants urged that community-led victim services need to be funded by government partners, and also stressed that changes to access and to the ways Indigenous people interact with justice systems are needed to better support victims of crimes.

Program Capacity

Across the country, we heard community capacity is the largest barrier to supporting Indigenous justice systems. In addition to the funding issues outlined above, participants cited in conversations across the country, that Indigenous justice systems can only be successful when they have the tools to hire, train, compensate, and retain the talent and resources in their own communities.

Participants noted that receiving the “proper” education and credentials can be a challenge for Indigenous people who are living in remote and rural settings. Programs are often located far from home, and when people do leave their communities for educational opportunities, they are likely to remain in urban centres rather than return to their home communities. Participants stressed the importance of building more educational programs and ensuring they can be accessed remotely. Participants also wanted equivalent experience to be considered in place of formal education requirements to increase opportunities for community members to be employed in more justice roles.

A number of participants cited programs such as Community Safety Officers and Special Constables as ways communities can begin to manage their own community safety needs. Insufficient funding for these programs, however, often means that people are paid less in these roles than equivalent roles with their municipal, provincial, or national police services. Therefore, trained, competent workers often leave community jobs to find better pay elsewhere. Participants noted that proper program funding would stop the “brain drain” that Indigenous communities across the country are currently experiencing, preventing opportunities to expand or support new initiatives, where data suggests programs are effective.