Key messages to share

At the end of each discussion, the representatives of the First Nations were asked if there were any lessons learned or promising practices that they would like to share with other Nations who are looking to develop or update their own justice systems as well as with justice system professionals (i.e., enforcement officers, police, prosecutors, legal counsel, adjudicators, etc.) and federal, provincial and territorial government officials working in this field. The following are some of the key messages shared by representatives of the four Nations.

For First Nations looking to do this work, the representatives expressed the need for patience and ongoing work; it is important to not let barriers stop progress. It was also shared that it is helpful to action items in an incremental way, starting small so it is possible to build the political, leadership and community supports that are needed to move forward. It was emphasized that when a Nation is planning the development of their justice system, it is important to consider the growth and change of the system over time. This includes maintenance of the system components, as well as the need for funding, staffing, infrastructure, and training.

The representatives highlighted the uniqueness of their communities. Given that all First Nations are distinct Nations with their own cultures, histories, languages and practices, the federal and provincial governments are required to recognize that the needs of First Nation justice systems are sometimes distinct from one another. The representatives of the four First Nations spoke of the need to create the space to develop and implement the justice systems that their communities need and want, while noting that this will take time and resources. For these Nations, this means that governments’ approach to funding the administration of justice in First Nations will have to change.

The First Nations’ representatives indicated that their justice systems provide essential services. As such, they stated that First Nations require long-term funding and not program- or project-based funding models. The representative of one First Nation explained that Self-Government Agreements have not typically provided funding for First Nation justice systems, whereas there is funding provided through these agreements for other areas such as language, culture and infrastructure.

In addition, the representatives of the four First Nations shared that funding for First Nation justice systems should not solely be meant for establishing justice systems; it should also cover the maintenance and growth over time of the justice systems as this is critical for communities’ well-being. This includes updating justice system infrastructure, establishing specialized police units to address specific issues in the community, and improving the salaries for staff in all justice system components to attract and retain trained community members. Even for First Nations with a well-developed set of laws, the Nations’ representatives noted that communities may need to update laws and make amendments over time.

The four First Nations who contributed to this report have all seen significant successes in the establishment of First Nation justice systems while navigating many challenges. The representatives stressed that First Nation justice systems are essential for the well-being and safety of their communities and are key to their self-determination and self-governance.