Approach

Justice Canada worked with the Lands Advisory Board and First Nations Land Management Resource Centre to identify multiple First Nations that are currently administering their own justice systems, including enforcing their own laws and by-laws. These First Nations were invited to participate in discussions with representatives from Justice CanadaFootnote 10 to discuss the administration of justice and the enforcement of laws and by-laws within their Nations. The purpose of these discussions was to create a space for First Nations to share what has worked well in their view with the enforcement, prosecution and adjudication of their laws and by-laws as well as lessons learned in developing and administering their own justice systems.

Between June and August 2023, representatives from four First Nations met with representatives from Justice Canada. A virtual roundtable discussion with five representatives from Tsawwassen First Nation, Tsuut’ina Nation and Whitecap Dakota Nation was held in June 2023. This session was moderated by INDsight Consulting, an Indigenous-led consultancy, with the assistance of Elder Cat Criger. A follow-up discussion was held with representatives from Whitecap Dakota Nation and a Senior Counsel from the Saskatchewan Ministry of Justice who was working closely with the Nation. Two virtual discussions took place with representatives from a fourth First Nation, the Mohawks of Akwesasne, in July and August 2023. Those participating in the discussion held diverse roles, including working in the Nations’ justice and self-government departments, the Nations’ police services or community safety programs, and legal counsel from some of the Nations.

To prepare for these discussions and provide context, a review of academic and government literature was undertaken by Justice Canada researchers. The list of documents reviewed is included in the Bibliography section of this report. In addition, two questions were sent to the First Nations’ representatives in advance to situate the discussions and facilitate their thinking about the topic of the administration and enforcement of laws and by-laws. They were asked to consider what administration of justice means to them and to their Nation, as well as to identify which areas of the law their Nation administers and enforces.

During the discussions, the representatives were asked to share any successes or lessons learned about administering and/or enforcing their First Nation’s laws and by-laws as well as any impacts they may have seen as a result of these successes, including on community well-being. They were also asked what their First Nation justice system could look like if their legal traditions were recognized and revitalized, as well as what types of support, short- and long-term, could be provided to First Nations working on their own justice systems. The responses to these questions, as well as other information provided in the discussions are described in the What we learned section of this report.

It is important to note that this report contains an account of the discussions held between the representatives of the four participating First Nations, one provincial Senior Counsel and Justice Canada representatives. This is not a comprehensive study of First Nation justice systems, therefore it is only possible to report on what was shared by the representatives of the four First Nations.