Métis priorities chapter

Canada will work in consultation and cooperation with Métis through representatives chosen in accordance with their own procedures and governance structures and will need to collaborate with provincial and territorial governments to successfully advance the following priorities to effect long-term and sustainable positive change.

The Métis chapter of the Indigenous Justice Strategy is meant to be evergreen, allowing for agreed upon adjustments and period updates depending on identified needs.

Foundational principles

Consistent with the vision expressed in the Indigenous Justice Strategy, the Indigenous Justice Strategy and the Métis priorities chapter are intended to be interconnected. Their visions, principles, and priority actions are intended to be complementary and the content in one should not be read to derogate from the other.

The following foundational principles will be the lens through which the Indigenous Justice Strategy and the priority actions in this chapter will be interpreted and implemented from a Métis specific perspective.

Métis self-determination, rights and reconciliation:

The Indigenous Justice Strategy recognizes and respects Métis rights to self-determination and self-government. In particular, the Indigenous Justice Strategy recognizes:

  1. that Métis self-determination and self-government is crucial for the wellbeing and preservation of Métis culture and society, including community, families and children
  2. that Métis self-government is central to all justice work and the revitalization of Métis laws, legal systems and institutions, and culture is necessary in all prevention, rehabilitation, and healing services and supports
  3. the importance of revitalizing Métis legal orders, laws, and concepts of justice and advancing the recognition of Métis jurisdiction over the administration of Métis justice
  4. that Canada and Métis will continue to jointly determine which initiatives will be co-developed, and that co-development will be considered the default approach to laws and policy impacting the rights and interests of Métis
  5. that reconciliation between the Government of Canada, provincial and territorial governments, and Métis is the goal of, and guides, the Indigenous Justice Strategy. The Government of Canada will work collaboratively with provincial and territorial governments to support Métis in revitalizing their laws, legal systems and institutions, and advancing the recognition of Métis jurisdiction over the administration of justice
  6. that the United Nations Declaration on the Rights of Indigenous Peoples is a universal international human rights instrument with application in Canadian law
  7. that the implementation will be supported by legislative, policy, and programmatic initiatives consistent with Canada’s commitment to reconciliation

Métis inclusion and Métis specific:

The Indigenous Justice Strategy will be inclusive of the unique needs of Métis, supporting Métis designed, developed and delivered justice-related programs and services.

Non-discrimination:

The Indigenous Justice Strategy will be responsive to the urgent need to end systemic discrimination against Métis in the justice system, including based on identity and its intersections with sexual orientation or gender identity or expression.

Uphold Métis justice – a holistic approach:

The Indigenous Justice Strategy will advance the self-determination of Métis by embracing Métis understandings of justice. This will include a focus on revitalization of Métis culture, societies, families and relationships as well as a holistic approach to justice including prevention, healing, and rehabilitation supports and services. All actions, programs, and services need to address root causes of violence and injustice and address the need to restore individual and collective wellness. Indigenous Justice Strategy priority actions are holistic in nature and will be conducted through a Métis lens; this lens views actions as co-dependent and interconnected.

Strength based, intersectional approach that uphold dignity:

The Indigenous Justice Strategy will uphold the dignity of Métis as they interact with the Canadian justice system and all preventative, rehabilitative, and healing services. The Indigenous Justice Strategy:

Section 1: Métis priority actions as represented by the Métis Nation of Alberta, Métis Nation British Columbia, the Métis Nation of Ontario and Métis Nation Saskatchewan

This section was co-developed with the Métis National Council, the Métis Nation of Alberta, the Métis Nation British Columbia, the Métis Nation of Ontario, as well as the Métis Nation–Saskatchewan.

In 2023, Canada and the Métis Nation of Alberta, the Métis Nation of Ontario and the Métis Nation-Saskatchewan signed separate updated Self-Government Recognition and Implementation Agreements which informed and continue the government-to-government relationship.

The Indigenous Justice Strategy recognizes Canada’s nation-to-nation, government-to-government relationship with Métis and commits to working together in consultation and cooperation with Métis to implement this Strategy. This section will be interpreted and actioned by Métis through their chosen representatives in accordance with their own procedures.

This includes working with Métis, in consultation and cooperation, to take a distinctions-based approach to implementing the self-determined priorities and objectives outlined within the Indigenous Justice Strategy to address the overrepresentation of Métis in the justice system and to support the revitalization of Métis laws and legal systems.

While the Indigenous Justice Strategy is an important way in which Canada and Métis will consult and cooperate to address, in collaboration with relevant provinces and territories, the overrepresentation of Métis in the justice system and to support the revitalization of Métis laws and legal systems, Métis self-determined priorities and objectives related to justice and policing could also continue to be addressed through other forums, such as nation-to-nation, government-to-government instruments or agreements.

Collaborative relationship and accountability

Priority Action 1: Consistent with Priority Action 2 of the Indigenous Justice Strategy, Canada will work in consultation and cooperation with Métis, and in collaboration with the provinces and territories as appropriate, through bilateral and trilateral justice-related tables to implement the Indigenous Justice Strategy and Métis Priorities, as well as to address, develop, create or implement other justice-related priorities. For greater certainty,

Priority Action 2: Canada will consult and cooperate with Métis, and collaborate with provinces and territories, to address self-determined justice-related needs and priorities. This includes exploring how negotiated agreements can be used to advance Métis jurisdiction in relation to the administration of justice and address systemic discrimination and overrepresentation of Métis in the justice system.

Priority Action 3: Continue to work to implement Métis Priority 9 of the United Nations Declaration on the Rights on Indigenous Peoples Act Action Plan, which calls for the conclusion of a Justice and Policing Sub-Accord through the Canada-Métis Nation Permanent Bilateral Mechanism. This includes exploring connections between this area of work and the work to implement the Indigenous Justice Strategy. The mechanism used to address the Action Plan and to implement the Strategy may be in the form of a sub-accord or a different method.

Priority Action 4: Consistent with Priority Action 4 of the Indigenous Justice Strategy, Canada will consult and cooperate with Métis to work on the advancement of data sovereignty and improve the capacity of Métis to control their own data.

Priority Action 5: Canada will consult and cooperate with Métis to work on the facilitation of disclosure of Métis-specific data collection resulting from justice services and programs operated by Canada, including interactions and experiences of Métis with justice systems and institutions. This includes increasing Métis participation in the development of data from the point of inception and increasing access to data controlled by Government of Canada departments, agencies, and Crown corporations that is relevant to Métis and its health, wellbeing, and ways of life.

Priority Action 6: Consistent with Priority Action 3 of the Indigenous Justice Strategy, Canada will consult and cooperate with Métis to establish co-developed governance, accountability, and reporting mechanisms for Indigenous Justice Strategy, implementation. This could include indicators to measure progress that reflect Métis ways of knowing and understanding, and which are supported by data collection and reporting methods that prioritize Métis data sovereignty and governance.

Long-term and predictable funding

Priority Action 7: Consistent with Priority Actions 6, 7 and 8 of the Indigenous Justice Strategy, Canada in consultation and cooperation with Métis, will seek to explore funding models that are flexible and predictable to support Métis self-determined needs and priorities as it relates to Métis-led justice programs and services.

Justice and wellness

Priority Action 8: In consultation and cooperation with Métis, and in collaboration with the provinces and territories, work toward developing measures to support Métis self-determination, including Métis developed, delivered and managed justice services, programs and institutions grounded in Wâhkôtowin and Métis legal principles.

Priority Action 9: In consultation and cooperation with Métis, and in collaboration with the provinces and territories, work toward improving access to, and develop Métis-specific and Métis delivered services, supports and programs to Métis interacting with the Canadian justice system.

Priority Action 10: Consistent with Priority Action 5 of the Indigenous Justice Strategy, consult and cooperate with Métis, and collaborate with the provinces and territories, toward developing and implementing Métis-specific trauma informed cultural training for justice system practitioners to improve awareness of distinct Métis histories, cultures and circumstances. This includes specific training on the unique circumstances of Métis with intersecting identities, including seniors, women, youth, children, persons with disabilities, and 2SLGBTQQIA+ people.

Administration of justice and access to justice - policing

Priority Action 11: Consult and cooperate with Métis, and collaborate with the provinces and territories, to advance Métis policing and community safety priorities.

Priority Action 12: Consistent with Priority Action 5 of the Indigenous Justice Strategy, consult and cooperate with Métis, and collaborate with the provinces and territories, to develop and deliver distinctions based, culturally safe, and trauma-informed training for justice and policing personnel.

Priority Action 13: Consult and cooperate with Métis to develop measures to support Métis community safety and policing needs, notably to address the realities of Métis individuals and communities.

Administration of justice and access to justice – corrections

Priority Action 14: Consistent with Priority Action 20 of the Indigenous Justice Strategy, consult and cooperate with Métis, and collaborate with the provinces and territories, to reduce barriers and increase access to Métis developed and delivered Gladue services and programs in all justice processes that enable full consideration of the specific circumstances of Métis.

Priority Action 15: Consistent with Priority Action 11 of the Indigenous Justice Strategy, consult and cooperate with Métis, and collaborate with the provinces and territories, to expand the hiring of Métis who hold cultural knowledge, including Elders, Knowledge Keepers, and other community members to work within justice institutions and improve access to Métis-specific reintegration services and supports for persons with lived experience in the justice system. This could include co-developing Métis-specific supports, services and programs, and Métis-specific cultural programming.

Administration of justice - revitalization and enforcement

Priority Action 16: Consult and cooperate with Métis, and collaborate with the provinces and territories, to advance potential options for the development and implementation of Métis laws, Métis justice and legal systems and legal institutions, the recognition of Métis jurisdiction over the administration of justice, and the cooperative co-existence of Métis and Canadian legal systems.

Priority Action 17: Canada will seek to support Métis to build capacity to develop and implement Métis laws, including research, engagement, drafting, publication and awareness, and other related matters to revitalize and operationalize Métis laws, legal systems and legal institutions.

Administration of justice and access to justice - legislation

Priority Action 18: Consistent with Priority Actions 25 and 26 of the Indigenous Justice Strategy, Canada will consult and cooperate with Métis, and collaborate with the provinces and territories, on potential legislative options to:

  1. recognize jurisdiction in relation to the administration of justice, including but not limited to the enforcement, prosecution and adjudication of Métis laws, and Métis legal systems and institutions
  2. ensure consistency with the United Nations Declaration on the Rights of Indigenous Peoples
  3. address systemic discrimination against and overrepresentation of Métis individuals in the Canadian justice system

Priority Action 19: Consistent with priorities expressed by Métis, consultation and cooperation pursuant to Priority Action 25 or Priority Action 26 of the Indigenous Justice Strategy will include exploring potential legislative options in relation to sentencing.

Section 2: Priorities of Red River Métis as represented by the Manitoba Métis Federation

In 2021, Canada and the Manitoba Métis Federation signed the Manitoba Métis Self-Government Recognition and Implementation Agreement. In 2024, Canada and the Manitoba Métis Federation signed the Red River Métis Self-Government Recognition and Implementation Treaty, which informs and continues the government-to-government relationship between Canada and the Manitoba Métis Federation.

The Government of Canada will work in partnership with the Manitoba Métis Federation to achieve the following desired outcomes for the Indigenous Justice Strategy, as it relates to the Red River Métis represented by the Manitoba Métis Federation: 

The following priority action areas support these outcomes:

Collaborative relationship and accountability

Priority 1: Partner with the Manitoba Métis Federation to advance Red River Métis capacity to collect, record, maintain and publish data that accurately distinguishes Red River Métis experiences with the justice system. This includes exploring data management protocols, further development of Manitoba Métis Federation data management systems and training options to promote accurate disaggregation of data by Red River Métis identity, including in relation to Red River Métis women, 2SLGTBQI+ persons, persons with disabilities and youth in care.

Priority 2: Consistent with Priority Action 2 of the Indigenous Justice Strategy, Canada will work with the Manitoba Métis Federation, and the province or provinces as appropriate, to implement the Indigenous Justice Strategy and the Red River Métis priorities, as well as to address, develop, create or implement other justice-related priorities. For greater certainty, Priority Action 2 of the Indigenous Justice Strategy will be implemented in accordance with the principles and goals of the Indigenous Justice Strategy, including a distinctions-based approach.

Long-term and predictable funding

Priority 3: In consultation and cooperation with the Manitoba Métis Federation, Canada will explore updating Justice Canada funding models to ensure greater flexibility and predictability in funding Red River Métis self-determined needs, priorities, programs, services, and other justice-related initiatives.

Justice and wellness

Priority 4: Partner with the Manitoba Métis Federation and the province or provinces to develop measures to ensure that the unique culture and traditions of Red River Métis are respected by and integrated into the justice system, with the objective of improving Red River Métis access to justice and participation in culturally specific healing and rehabilitation programming.

Priority 5: Partner with the Manitoba Métis Federation and the province or provinces to develop measures to improve access for Red River Métis youth at risk, to holistic wrap-around services, mentorship programs, Red River Métis Elders, and safe community spaces.

Priority 6: Partner with the Manitoba Métis Federation and the province or provinces to develop measures to provide distinctions-based, culturally-appropriate, trauma-informed supports, such as Red River Métis Community Justice Support Workers, to assist Red River Métis, notably youth, in navigating justice services and legal processes – whether as victims or as accused – with a particular focus on northern and remote areas.

Priority 7: Partner with the Manitoba Métis Federation and the province or provinces to develop measures to expand control and access to community-run alternatives to sentencing for Red River Métis Citizens. These measures would support distinctions-based, culturally appropriate alternatives that uphold the role of Red River Métis Elders and Knowledge Keepers, victims, and family in determining appropriate remedy for harms that have been done and which put the community at the heart of healing and rehabilitation.

Administration of justice and access to justice - policing

Priority 8: Partner with the Manitoba Métis Federation and the province or provinces to develop Red River Métis safety policies for policing. This could include:

  1. creation of community safety boards under the guidance of Elders and Knowledge Keepers as determined by the Manitoba Métis Federation
  2. orientation and training for all police officers serving Red River Métis
  3. liaison between the Manitoba Métis Federation and the police
  4. ensuring allegations of police wrongdoing are appropriately investigated

Priority 9: Partner with the Manitoba Métis Federation and the province or provinces to advance Red River Métis policing and community safety priorities.

Administration of justice and access to justice – corrections

Priority 10: Partner with the Manitoba Métis Federation to develop measures to ensure that Indigenous support services are provided in a manner that is Red River Métis specific and distinctions-based to improve access for Red River Métis in federal custody to culturally appropriate services in federal corrections institutions, with the objective of promoting healing for Red River Métis and addressing recidivism.

Administration of justice - revitalization and enforcement

Priority 11: Partner with the Manitoba Métis Federation to develop measures to revitalize Red River Métis laws and practices, including Red River Métis traditional law, notably in the areas of prevention and restorative justice.

Administration of justice and access to justice - legislation

Priority 12: Canada will consult and cooperate with the Manitoba Métis Federation on

potential legislative options to address systemic discrimination against, and the overrepresentation of Red River Métis in the Canadian justice system, as well as potential legislative options to recognize and enable Red River Métis exercise of jurisdiction in relation to administration of justice, including enforcement, prosecution and adjudication of Manitoba Métis Federation laws.