Introduction

The ability of First Nations to administer their own lawsFootnote 2 and by-lawsFootnote 3 is key to their self-determination and self-government (Standing Committee on Indigenous and Northern Affairs 2021). However, First Nations report that longstanding challenges around overlapping jurisdictions, legislative authority, resourcing, infrastructure, and the lack of coordination between key government departments and agencies have resulted in the inconsistent enforcement and prosecution of these laws and by-laws (for more information, see: Standing Committee on Indigenous and Northern Affairs 2021, Public Safety 2022b, Metallic et al. 2023). This contributes to serious health, safety, and economic development issues within First Nations, and hinders effective governance (Standing Committee on Indigenous and Northern Affairs 2021).

Despite these challenges, some First Nations have been successful in developing, administering, and enforcing their own laws and by-laws, as well as building their own justice system. In an effort to understand what successes some First Nations have experienced, Justice Canada led discussions with representatives of four First Nations–Mohawks of Akwesasne, Tsuut’ina Nation, Tsawwassen First Nation and Whitecap Dakota Nation– that have established mechanisms for the enforcement, prosecution and adjudication of their laws and by-laws. The discussions centred around their justice systems, with a focus on what has worked well with the enforcement, prosecution and adjudication of their laws and by-laws as well as lessons learned that might be of interest to other First Nations, justice system professionals (i.e., enforcement officers, police, prosecutors, legal counsel, adjudicators, etc.), and federal, provincial and territorial government officials working in this field. This report provides a summary of what the participating First Nations’ representatives shared during these discussions.