The Experiences of Indigenous Peoples with the Criminal Justice System

State of the Criminal Justice System Dashboard

Governmental, Legislative and Judicial Responses

The following is a timeline of judicial, legislative and federal government responses regarding the overrepresentation of Indigenous people as victims/survivors and accused/convicted persons, in the criminal justice system over the past 35 years. Additionally, international milestones with regard to the United Nations Declaration on the Rights of Indigenous Peoples are also included on this timeline. This is not an exhaustive list, only a selection of federal and national reports that are publicly available online have been included in the timeline. For more information about the response, click on the title below.

For governmental and legislative milestones included in the Women’s theme, click on the link below:

  • Task Force on the Reintegration of Aboriginal Offenders as Law Abiding Citizens
    Report Name Final Report: Task Force on Aboriginal People in Federal Corrections
    Jurisdiction National
    Purpose/Mandate Prompted by the Solicitor General of Canada, the Task Force was established in 1987 to: examine the process which Aboriginal offenders go through in the correctional system, from the time of admission to a federal penitentiary until warrant expiry; identify the needs of Aboriginal offenders; and to identify ways of improving their opportunities for social reintegration as law abiding citizens, through improved: penitentiary placement, institutional programs, preparation for temporary absences, day parole and full parole, and innovative supervision. A total of 47 recommendations (including a number of sub-recommendations) were made.
    Link https://files.eric.ed.gov/fulltext/ED363457.pdf)
  • Royal Commission on the Donald Marshall Jr Prosecution
    Report Name Royal Commission on the Donald Marshall, Jr., Prosecution Digest of Findings and Recommendations
    Jurisdiction Nova Scotia
    Purpose/Mandate The Commission, appointed by the Nova Scotia Government, was established to determine the facts surrounding the Donald Marshall Jr case to determine whether he was the victim of a miscarriage of justice and to understand how and why that miscarriage occurred. It also identified recommendations to prevent such tragedies from occurring again. Donald Marshall Jr was sentenced to life imprisonment for murdering an acquaintance, Sandy Seale in 1971. Marshall spent 11 years in prison before being acquitted by the Nova Scotia Court of Appeal in 1983. A total of 82 recommendations were made.
    Link https://www.novascotia.ca/just/marshall_inquiry/_docs/Royal%20Commission%20on%20the%20Donald%20Marshall%20Jr%20Prosecution_findings.pdf)
  • Creating Choices
    Report Name Creating Choices: The Report of the Task Force on Federally Sentenced Women
    Jurisdiction Ontario
    Purpose/Mandate The Task Force mandate was to examine the correctional management of federally sentenced women from the commencement of sentence to the date of warrant expiry and to develop a plan, which would guide and direct the process in a manner that is responsive to the unique and special needs of this group. The report contains a section summarizing the voices of Aboriginal women. The report includes a number of recommendations, and identifies five key principles for change: empowerment, meaningful and responsible choices, respect and dignity, supportive environment and shared responsibility.
    Link https://www.canada.ca/en/correctional-service/programs/offenders/women/creating-choices/report.html)
  • R. v. Sparrow
    Name of Case R. v. Sparrow, [1990] 1 S.C.R. 1075
    Key Question Interpretation of Aboriginal rights with s. 35(1) of the Constitution Act.
    Court Level Supreme Court of Canada
    Summary of Case The Supreme Court of Canada ruled that Aboriginal peoples have a right, as defined in the Constitution, to fish for food, social and ceremonial purposes and that right takes priority over all others, after conservation. The Sparrow case was the first opportunity for the Supreme Court of Canada to interpret what Section 35 of the 1982 Constitution Act, meant by stating: “The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed”. Through this ruling, the Court affirmed that the Constitution Act provides "a strong measure of protection" for Aboriginal rights, and that any proposed government regulations that infringe on the exercise of those rights must be constitutionally justified.
    Link https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/609/index.do)
  • Report of the Task Force on the Criminal Justice System and its Impacts on the Indian and Métis People of Alberta
    Report Name Justice on Trial (Cawsey Report): Report of the Task Force on the Criminal Justice System and its Impacts on the Indian and Métis People of Alberta
    Jurisdiction Alberta
    Purpose/Mandate The Task Force was appointed to complete a review of the criminal justice system in Alberta, and report to the Solicitor General of Canada and the Solicitor General of Alberta, about any problems and solutions to ensure that First Nations and Métis people receive fair, just and equitable treatment at all stages of the criminal justice process in Alberta. A total of 341 recommendations were made.
    Link https://open.alberta.ca/publications/1369434)
  • Aboriginal Peoples and Criminal Justice: Equality, Respect and the Search for Justice
    Report Name Law Reform Commission of Canada. Report on Aboriginal Peoples and Criminal Justice: Equality, Respect and the Search for Justice
    Jurisdiction National
    Purpose/Mandate The Minister of Justice asked the Law Reform Commission of Canada to look at the Criminal Code and related statutes to examine the extent to which Aboriginal persons and cultural or religious minorities have equal access to justice and are treated equitably and with respect. Two studies were undertaken and two reports were produced. A total of 15 recommendations (including a number of sub-recommendations) were made in the report on Aboriginal peoples and criminal justice.
    Link https://archive.org/details/reportonaborigin00lawr)
  • Public Inquiry into the Administration of Justice and Aboriginal People (Aboriginal Justice Inquiry)
    Report Name Report of the Aboriginal Justice Inquiry of Manitoba
    Jurisdiction Manitoba
    Purpose/Mandate The purpose of the Commission was to inquire into the state of conditions with respect to Aboriginal people in the Manitoba justice system. The inquiry was called as a result of two specific incidents: the 16 year delayed trial for the murder of Helen Betty Osborne and the shooting death of J.J. Harper by a Winnipeg police officer. The Commission was also required to examine all aspects of the cases to note if further inquiry was recommended. A total of 48 recommendations (including a number of sub-recommendations) were made in the report.
    Link http://www.ajic.mb.ca/volume.html)
  • Section 81 and 84 of the Corrections and Conditional Release Act
    Name of Act Amendment to the Corrections and Conditional Release Act (CCRA)
    Jurisdiction National
    Overview of Sections
    Amendments to the Corrections and Conditional Release Act (CCRA), Sections 81 and 84, provide the opportunity for Aboriginal communities to become active partners in the care and custody of Aboriginal offenders and the provision of correctional services. These provisions allow Correctional Service of Canada to work in partnership with Aboriginal communities to provide Aboriginal offenders with innovative services that Correctional Service of Canada could not itself provide in a culturally effective manner.
    Section 81 of the CCRA supports a wide spectrum of custodial or service delivery arrangements for the care and custody of Aboriginal offenders. Services that can be provided under Section 81 include: transfer of an offender to an Aboriginal community under a Section 81 Custody Agreement; operation of a facility designed for Aboriginal offenders where an offender may reside while on conditional release (e.g., a halfway house, a healing lodge, etc.); parole supervision or services offered in the Aboriginal community or an urban center; and correctional services delivered within federal institutions or by community parole offices.
    Under section 84 of the CCRA, for an inmate who is applying for parole who has expressed an interest in being released to an Aboriginal community, the CSC shall, if the inmate consents, give the Aboriginal community: adequate notice of the inmate's parole application; and an opportunity to propose a plan for the inmate's release to, and integration into, the Aboriginal community. Section 84 requires Correctional Service of Canada to seek the participation of Aboriginal communities.
    Link https://laws-lois.justice.gc.ca/eng/acts/C-44.6/page-10.html#docCont )
  • Section 718.2(e) Criminal Code
    Name of Act Amendment to the Criminal Code
    Jurisdiction National
    Overview of Section Amendment to the Criminal Code, Section 718.2(e) states that “A court that imposes a sentence shall also take into consideration the following principles: (e) all available sanctions, other than imprisonment, that are reasonable in the circumstances and consistent with the harm done to victims or to the community should be considered for all offenders, with particular attention to the circumstances of Aboriginal offenders.”
    Link https://laws-lois.justice.gc.ca/eng/acts/C-46/page-182.html#h-267)
  • Royal Commission on Aboriginal Peoples
    Report Name Bridging the Cultural Divide: A Report on Aboriginal People and Criminal Justice in Canada
    Jurisdiction National
    Purpose/Mandate The purpose of the Commission was to provide a framework for implementing the recommendations of previous inquiries with a view to reforming the existing criminal justice system. However, their primary focus was the recognition and establishment of Aboriginal justice systems as a recognition of the right of self-government. The development of such systems, based upon Aboriginal concepts and processes of justice, would enable Aboriginal peoples to address crime and the social disintegration associated with it in ways that promote responsibility and healing for victims, offenders and communities in the long term. The report provided a framework that offered both conceptual and constitutional space for the development of Aboriginal justice systems, while also dealing with the challenging issues raised by the inclusion of Aboriginal justice systems within Canadian federalism.
    Link http://data2.archives.ca/rcap/pdf/rcap-464.pdf)
  • Commission of Inquiry
    Report Name Commission of Inquiry into certain events at the Prison for Women in Kingston (Arbour Report)
    Jurisdiction National
    Purpose/Mandate In 1995, the Honourable Louise Arbour was appointed as Commissioner of Inquiry to investigate and report on the state and management of that part of the business of the Correctional Service of Canada that pertains to the incidents that occurred at the Prison for Women in Kingston, Ontario, of the Correctional Service of Canada in April 1994. The Commissioner was directed to make independent findings of fact regarding the incidents that occurred and to recommend improvements, as may be required, to the policies and practices of the Correctional Service of Canada in relation to such incidents. A total of 14 recommendations were made, including with regards to Aboriginal women and the Healing Lodge.
    Link http://www.justicebehindthewalls.net/resources/arbour_report/arbour_rpt.htm)
  • R. v. Williams
    Name of Case R. v. Williams, [1998] 1 S.C.R. 1128
    Key Question Whether prospective jurors can be questioned as to racial bias.
    Court Level Supreme Court of Canada
    Summary of Case Victor Daniel Williams pleaded not guilty to a robbery. Williams argued that his rights under the Charter had been violated because he was denied the right to challenge potential jurors for cause to determine whether they held a racial bias against Aboriginals that might impair their impartiality. The Supreme Court held that “racial prejudice interfering with jurors' impartiality is a form of discrimination”, and so the denial of the right to question prospective jurors about systemic racism is a violation of the Charter rights of the accused.
    Link https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/1631/index.do)
  • R. v. Gladue
    Name of Case R. v. Gladue, [1999] 1 S.C.R. 688
    Key Question Whether special consideration was to be given by the sentencing judge to the accused’s Aboriginal background given the principles governing application of s. 718.2(e) of Criminal Code
    Court Level Supreme Court of Canada
    Summary of Case In 1995 Jamie Tanis Gladue was charged with second-degree murder but pleaded guilty to manslaughter of her common-law husband, Reuben Beaver. Since she was not living on a reserve at the time of the murder, the judge ruled that section 718.2 (e) of the Criminal Code did not apply in her case. The section states that “all available sanctions, other than imprisonment, that are reasonable in the circumstances and consistent with the harm done to victims or to the community should be considered for all offenders, with particular attention to the circumstances of Aboriginal offenders.” The Supreme Court ruled that a judge must consider an Aboriginal community in a broad sense, including urban or more widely spread communities and networks of support. Consideration is not based on the residence of an Aboriginal offender. The circumstances of Aboriginal people are unique and a sentencing judge must consider: unique systemic or background factors; and sentencing procedures and sanctions which may be appropriate in the circumstance of a person with aboriginal heritage or connection.
    Link https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/1695/index.do)
  • R. v. Wells
    Name of Case R. v. Wells, [2000] 1 S.C.R. 207
    Key Question Whether a non-custodial sentence is reasonable in circumstances where paramount sentencing objectives are denunciation and deterrence and whether the sentencing judge failed to take into account appropriate considerations in light of accused’s Aboriginal status.
    Court Level Supreme Court of Canada
    Summary of Case James Warren Wells was charged with sexual assault. The Supreme Court decision was that given the seriousness of the crime, even though the court must take into account the offender's Aboriginal heritage, the sentencing judge made a reasonable determination that the sentence could not be served in the community since it would not provide sufficient denunciation and deterrence. The decision clarified the principles set out in the Court's earlier decision in R v Gladue with respect to sentencing principles set out in s 718.2(e) of the Criminal Code, relating to Aboriginal offenders.
    Link https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/1771/index.do)
  • Inuit Women and the Justice System
    Report Name Research Report: Inuit women and the Nunavut Justice System
    Jurisdiction National
    Purpose/Mandate Report commissioned by Department of Justice in response to the Nunavut Social Development Council's 1998 Justice Conference recommendations. The report focuses on strengths and challenges to the unified court structure, justices of the peace, community-based justice and family law. A total of 6 recommendations were made.
    Link https://www.justice.gc.ca/eng/rp-pr/aj-ja/rr00_8/rr00_8.pdf)
  • Stolen Sisters: Discrimination and Violence Against Indigenous Women in Canada
    Report Name Stolen Sisters: A Human Rights Response to Discrimination and Violence against Indigenous Women in Canada
    Jurisdiction National
    Purpose/Mandate The objective of this audit was to assess how well Correctional Services Canada was managing the process for reintegrating women offenders. Specifically, it assessed the extent to which: the Correctional Services Canada had established the appropriateness of the risk assessment instruments used to identify an offender’s criminogenic factors and level of security throughout the sentence for women offenders; offenders received the rehabilitative programs that the Service has determined they require in a timely manner while incarcerated; Correctional Service used mechanisms that assist in offender’s reintegration, such as temporary absences, work releases, employment programs, and legislative provisions for Aboriginal women offenders; offenders received required programs and services while in the community; and Correctional Service monitored the effectiveness of its programs and services for women offenders and reported appropriately to Parliament. A total of 11 recommendations were made.
    Link https://www.amnesty.org/en/documents/amr20/003/2004/en/)
  • United Nations Declaration on the Rights of Indigenous Peoples
    Report Name United Nations Declaration on the Rights of Indigenous Peoples
    Jurisdiction International
    Purpose/Mandate The United Nations Declaration on the Rights of Indigenous Peoples is a document that describes both individual and collective rights of Indigenous people around the world. It offers guidance on cooperative relationships with Indigenous people to states, the United Nations, and other international organizations based on the principles of equality, partnership, good faith and mutual respect. The Declaration was adopted by resolution of the United Nations General Assembly on September 13, 2007. In 2010, Canada issued a statement of support endorsing the principles of the Declaration. In 2015, the Prime Minister of Canada asked the Minister of Indigenous and Northern Affairs and other ministers, in the mandate letters, to implement the Declaration; in 2016 the Minister of Indigenous and Northern Affairs announced Canada is now a full supporter, without qualification, of the Declaration.
    Link https://www.un.org/development/desa/indigenouspeoples/wp-content/uploads/sites/19/2018/11/UNDRIP_E_web.pdf)
  • United Nations General Assembly
    Report Name Report of the Special Rapporteur on the situation of human rights and fundamental freedoms of Indigenous people
    Jurisdiction International
    Purpose/Mandate The report from the United Nations Human Rights Council provides an analysis of the United Nations Declaration on the Rights of Indigenous Peoples, in the context of other international instruments specifically regarding Indigenous peoples and human rights instruments of general applicability. Reflecting on the common international body of opinion regarding the rights of Indigenous peoples, the Declaration elaborates on general human standards as they apply to the specific context of Indigenous peoples, with a particular emphasis on the remedial measures required to address the historical contemporary denial of their rights.
    Link http://unsr.jamesanaya.org/docs/annual/2008_hrc_annual_report_en.pdf
  • R v. Ipeelee
    Name of Case R. v. Ipeelee, [2012] 1 S.C.R. 433
    Key Question Whether principles outlined in R. v. Gladue apply to breach of long‑term supervision orders.
    Court Level Supreme Court of Canada
    Summary of Case Supreme Court reaffirmed and expanded the principles laid out in the Gladue ruling in the case of R. v. Ipeelee. Indigenous appellants Manasie Ipeelee and Frank Ralph Ladue had breached long-term supervision orders (LTSO), and their appeals consequently centered on the determination of a fit sentence for a breach of an LTSO in the case of an Aboriginal offender. The Supreme Court stated that “the sentencing judge has a statutory duty”, imposed by s. 718.2 (e) of the Criminal Code, to consider the unique circumstances of Aboriginal offenders. These may include: the history of colonialism, displacement, residential schools and how this history continues to translate into lower educational attainment, lower incomes, higher unemployment, higher rates of substance abuse and suicide, and higher levels of incarceration for Aboriginal peoples. If the sentencing judge fails to apply the Gladue principles in any case involving an Aboriginal offender this would run afoul of this statutory obligation. Furthermore, the failure to apply the Gladue principles in any case would also result in a sentence that was not fit and was not consistent with the fundamental principle of proportionality. Therefore, application of the Gladue principles is required in every case involving an Aboriginal offender, including the breach of an LTSO, and a failure to do so constitutes an error justifying appellate intervention.”
    Link https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/8000/index.do)
  • Spirit Matters: Aboriginal People and the Corrections and Conditional Release Act
    Report Name Spirit Matters: Aboriginal People and the Corrections and Conditional Release Act Final Report
    Jurisdiction National
    Purpose/Mandate The Office of the Correctional Investigator reviewed Aboriginal-specific sections of the Corrections and Conditional Release Act (CCRA) 20 years after it came into force (1992) and 13 years after the Supreme Court of Canada decision in R. v. Gladue. The investigation examines: the status and use of Section 81 and 84 provisions up to the period ending March 2012; identifies some best practices in Aboriginal corrections; and assesses the commitment by the Correctional Service of Canada to adopt the principles set out in R. v. Gladue. A total of 20 recommendations were made.
    Link https://oci-bec.gc.ca/en/content/spirit-matters-aboriginal-people-and-corrections-and-conditional-release-act)
  • Royal Canadian Mounted Police Review
    Report Name Missing and Murdered Aboriginal Women: A National Operational Overview
    Jurisdiction National
    Purpose/Mandate The Commissioner of the RCMP initiated an RCMP-led study of reported incidents of missing and murdered Aboriginal women across all police jurisdictions in Canada. The report is intended to guide police operational decision-making to support more targeted crime prevention, better community engagement and enhanced accountability for criminal investigations. Four next steps were identified at the end of the report.
    Link https://publications.gc.ca/collections/collection_2014/grc-rcmp/PS64-115-2014-eng.pdf)
  • Special Rapporteur on the Rights of Indigenous People
    Report Name Report of the Special Rapporteur on the rights of Indigenous people, James Anaya, Addendum: The situation of Indigenous peoples in Canada
    Jurisdiction National
    Purpose/Mandate This report examines the human rights situation of indigenous peoples in Canada on the basis of research and information gathered from various sources, including during a visit to Canada from 7 to 15 October 2013 by the UN Special Rapporteur on the rights of indigenous people. The report contains 16 recommendations in the areas of social and economic conditions; truth and reconciliation; missing women and girls; self-government, participation and partnership; treaty negotiations and claims processes and resource development.
    Link https://documents-dds-ny.un.org/doc/UNDOC/GEN/G14/075/08/PDF/G1407508.pdf?OpenElement)
  • Truth and Reconciliation Commission
    Report Name Honouring the Truth, Reconciling for the Future; The Survivors Speak; What We Have Learned; Canada’s Residential Schools: The History, Part 1 Origins to 1939; Canada’s Residential Schools: The History, Part 2: 1939 to 2000; Canada’s Residential Schools: The Inuit and Northern Experience; Canada’s Residential Schools: The Métis Experience; Canada’s Residential Schools: Missing Children and Unmarked Burials; Canada’s Residential Schools: The Legacy; Canada’s Residential Schools: Reconciliation; Truth and Reconciliation Commission of Canada: Calls to Action
    Jurisdiction National
    Purpose/Mandate The Indian Residential Schools Settlement Agreement, the largest class-action settlement in Canadian history, began in 2007. One of the elements of the agreement was the establishment of the Truth and Reconciliation Commission of Canada (TRC) to facilitate reconciliation among former students, their families, their communities and all Canadians. The TRC created a historical record of the residential schools system in its six volume report, including 94 "calls to action" (or recommendations) to further reconciliation between Canadians and Indigenous people. The TRC spent six years travelling to all parts of Canada and heard from more than 6,500 witnesses. The TRC also hosted seven national events to engage the Canadian public, educate people about the history and legacy of the residential schools system, and share and honour the experiences of former students and their families.
    Link http://nctr.ca/reports2.php)
  • Honouring the Strength of Our Sisters Increasing Access to Human Rights Justice for Indigenous Women and Girls
    Report Name Honouring the Strength of Our Sisters: Increasing Access to Human Rights Justice for Indigenous Women and Girls
    Jurisdiction National
    Purpose/Mandate This report provides an overview of what the Canadian Human Rights Commission (the Commission) heard during a series of cross-country roundtable meetings in 2013 and 2014 with Indigenous women, representative Indigenous women’s organizations, and other organizations that provide services to First Nations, Inuit and Métis women. The roundtable process identified 21 barriers and proposed ideas on how to overcome those barriers.
    Link https://publications.gc.ca/site/eng/9.823568/publication.html)
  • Committee on the Elimination of Discrimination Against Women (CEDAW)
    Report Name Report of the inquiry concerning Canada of the Committee on the Elimination of Discrimination against Women under article 8 of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women
    Jurisdiction National
    Purpose/Mandate The United Nations Committee received letters and information to conduct an inquiry into: a) the disproportionately high rates of missing and murdered Aboriginal women; b) the lack of the Government in investigating those cases; c) the structural issues within the criminal justice system of the State party; and d) the Government’s refusal to deal with the root causes of violence against aboriginal women. 4 recommendations and 38 sub-recommendations were made.
    Link https://digitallibrary.un.org/record/836103?ln=en)
  • Missed Opportunities: The Experience of Young Adults Incarcerated in Federal Prisons
    Report Name Missed Opportunities: The Experience of Young Adults Incarcerated in Federal Penitentiaries
    Jurisdiction National
    Purpose/Mandate The Federal Office of the Correctional Investigator and the Ontario Office of the Provincial Advocate for Children and Youth collaborated to make recommendations regarding youth ages 18-21 serving sentences in federal institutions, with a section on young adult Indigenous offenders. A total of 20 recommendations were made.
    Link https://ocaarchives.files.wordpress.com/2019/01/missed-opportunities.pdf)
  • A Call to Action
    Report Name A Call to Action: Reconciliation with Indigenous Women in the Federal Justice and Correctional Systems
    Jurisdiction National
    Purpose/Mandate The House of Commons Standing Committee on the Status of Women (the Committee) conducted a study in 2017 on Indigenous Women in the Federal Justice and Correctional Systems. The Committee received testimony from 36 witnesses, 13 of whom appeared as individuals, with the remainder representing 18 organizations. As well, the Committee was briefed by officials from six government departments and agencies, the Office of the Auditor General of Canada, and the Office of the Correctional Investigator of Canada. The testimony was received during nine meetings held from November 28, 2017 to February 13, 2018. The Committee also received 11 written briefs from organizations and individuals. In addition to the evidence gathered over the course of its study, the Committee also considered testimony from the House of Commons Standing Committee on Public Safety and National Security’s study on Indigenous People in the Correctional System (fall 2017). The Committee identified 96 recommendations to improve the treatment of Indigenous women in the federal justice and correctional systems.
    Link https://www.ourcommons.ca/DocumentViewer/en/42-1/FEWO/report-13/page-5)
  • National Inquiry into Missing and Murdered Indigenous Women and Girls
    Report Name Interim Report: Our Women and Girls are Sacred
    Jurisdiction National
    Purpose/Mandate The National Inquiry set out on a three-part mission as a path to healing: finding the truth, honouring the truth, and giving life to the truth. To move the national conversation forward about the inherent violence in the colonial relationship between the Canadian state and Indigenous people, the Inquiry built on the knowledge inherited from past inquiries including the Aboriginal Justice Inquiry of Manitoba (1991), the Royal Commission on Aboriginal Peoples (1996), and the Truth and Reconciliation Commission of Canada (2015). In addition to recognizing a number of existing recommendations from past inquiries, committees and reports, two calls for immediate action and eight recommendations were made.
    Link http://www.mmiwg-ffada.ca/files/ni-mmiwg-interim-report-en.pdf)
  • Indigenous Peoples in the Federal Correctional System
    Report Name Indigenous Peoples in the Federal Correctional System: Report of the Standing Committee on Public Safety and National Security
    Jurisdiction National
    Purpose/Mandate The House of Commons Standing Committee on Public Safety and National Security undertook a study of Indigenous inmates in the federal correctional system and the issues related to their release and re-integration into the community. A total of 19 recommendations were made.
    Link https://www.ourcommons.ca/Content/Committee/421/SECU/Reports/RP9984221/securp22/securp22-e.pdf)
  • Principles: Respecting the Government of Canada’s Relationship with Indigenous Peoples
    Report Name Principles: Respecting the Government of Canada’s Relationship with Indigenous Peoples
    Jurisdiction National
    Purpose/Mandate Ten principles are outlined to guide the work of the Government of Canada to achieve reconciliation with Indigenous peoples through a renewed, nation-to-nation, government-to-government, and Inuit-Crown relationship based on recognition of rights, respect, co-operation, and partnership as the foundation for transformative change. These principles reflect a commitment to good faith, the rule of law, democracy, equality, non-discrimination, and respect for human rights.
    Link https://www.justice.gc.ca/eng/csj-sjc/principles.pdf)
  • National Inquiry into Missing and Murdered Indigenous Women and Girls
    Report Name Final Report: Reclaiming Power and Place: The Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls
    Jurisdiction National
    Purpose/Mandate The Final Report is comprised of the truths of more than 2,380 family members, survivors of violence, experts and Knowledge Keepers shared over two years of cross-country public hearings and evidence gathering. It delivers 231 individual Calls for Justice directed at governments, institutions, social service providers, industries and all Canadians.
    Link https://www.mmiwg-ffada.ca/final-report/)
  • Parole Board of Canada
    Report Name Parole Board of Canada: Special focus: The need for a Gender-Specific Process for Women
    Jurisdiction National
    Purpose/Mandate This report was produced at the request of the National Parole Board of Canada and focuses on the need for gender specific services for women within the current parole system. The report contains 12 recommendations under the themes of race, mental health, poverty and homelessness, addictions and abuse.
    Link https://caefs.ca/wp-content/uploads/2021/12/2019-CR-RPT-Parole-Board-of-Canada-Special-focus-The-need-for-a-Gender-Specific-Process-for-Women.pdf)
  • Métis Perspectives of Missing and Murdered Indigenous Women, Girls and LGBTQ2S+ People
    Report Name Métis Perspectives of Missing and Murdered Indigenous Women, Girls and LGBTQ2S+ People
    Jurisdiction National
    Purpose/Mandate This report explores contemporary issues facing Métis women, girls and gender diverse people by Les Femmes Michif Otipemisiwak. It includes 62 Calls for Miskotahâ (change) based on their distinct circumstances, experiences and needs.
    Link https://www.mnbc.ca/sites/default/files/2022-07/lfmo_mmiwg_report.pdf)
  • Special Rapporteur on Violence Against Women
    Report Name Report of the Special Rapporteur on violence against women, its causes and consequences, on her visit to Canada
    Jurisdiction National
    Purpose/Mandate The Special Rapporteur on violence against women, its causes and consequences visited Canada from 13 to 23 April 2018. In her report, she examines the gaps and challenges in fulfilling the obligations of the State to eliminate violence against women, its causes and consequences, and recommends measures for preventing and combating violence against women in the country. A total of 35 recommendations were made.
    Link https://documents-dds-ny.un.org/doc/UNDOC/GEN/G19/317/19/PDF/G1931719.pdf?OpenElement)
  • Missing and Murdered Indigenous Women, Girls and 2SLGBTQQIA+ People National Action Plan
    Report Name Missing and Murdered Indigenous Women, Girls and 2SLGBTQQIA+ People National Action Plan
    Jurisdiction National
    Purpose/Mandate The National Action Plan is an overarching plan, which identifies the necessary activities that must be taken by governments (federal, provincial/territorial, municipal, Indigenous), organizations, and communities across the country to address violence against Indigenous women, girls, and 2SLGBTQQIA+ people.
    Link https://mmiwg2splus-nationalactionplan.ca/eng/1670511213459/1670511226843)
  • Federal Pathway to Address Missing and Murdered Indigenous Women, Girls and 2SLGBTQQIA+ People
    Report Name Federal Pathway to Address Missing and Murdered Indigenous Women, Girls and 2SLGBTQQIA+ People
    Jurisdiction National
    Purpose/Mandate In response to the national inquiry, the Government of Canada came together to create a plan for departments to support systemic change to address the crisis of missing and murdered Indigenous women, girls (MMIWG) and Two-Spirit, lesbian, gay, bisexual, transgender, queer, and intersex (2SLGBTQI+) people.
    Link https://www.rcaanc-cirnac.gc.ca/eng/1617731561423/1617731691291)
  • Reproductive (In)Justice in Canadian Federal Prisons for Women
    Report Name Reproductive (In)Justice in Canadian Federal Prisons for Women
    Jurisdiction National
    Purpose/Mandate This report was prepared in response to the External Review of Tubal Ligations in the Saskatoon Health Region to address reproductive justice in federal women’s prisons. Informed by workshops at Nova Institution for Women in Truro, Nova Scotia; Okimaw Ohci Healing Lodge in Maple Creek, Saskatchewan; Edmonton Institution for Women (EIFW) in Edmonton, Alberta; Grand Valley Institution for Women (GVI) in Kitchener, Ontario; and Fraser Valley Institution for Women (FVI) in Abbotsford, British Columbia. The report contains 30 recommendations.
    Link https://caefs.ca/wp-content/uploads/2021/10/2021-02-01-RJ-RPT-REPRODUCTIVE-INJUSTICE-IN-CANADIAN-FEDERAL-PRISONS-FOR-WOMEN-2.pdf)
  • United Nations Declaration on the Rights of Indigenous Peoples Act
    Report Name United Nations Declaration on the Rights of Indigenous Peoples Act
    Jurisdiction National
    Purpose/Mandate This Act provides a roadmap for the Government of Canada and First Nations, Inuit, and Métis to work together to implement the United Nations Declaration based on lasting reconciliation, healing and cooperative relations.
    Link https://laws-lois.justice.gc.ca/eng/acts/U-2.2/)
  • Weaving Miskotahâ
    Report Name Weaving Miskotahâ: The Métis Nation’s Journey to Ending Missing and Murdered Women, Girls and 2SLGBTQQIA+
    Jurisdiction National
    Purpose/Mandate In response to the National Inquiry Final Report, and to supplement the 29 Métis-specific Calls for Justice, Les Femmes Michif Otipemisiwak released its own "Métis Perspectives of Missing and Murdered Indigenous Women, Girls and LGBTQ2S+ People," which stands as the Métis Nation's calls for urgent change—the 62 Calls for Miskotahâ.
    Link https://metiswomen.org/wp-content/uploads/2024/12/Weaving-Miskotaha-July-2021-report.pdf)
  • The National Inuit Action Plan on Missing and Murdered Indigenous Women, Girls and 2SLGBTQQIA+ People
    Report Name The National Inuit Action Plan on Missing and Murdered Indigenous Women, Girls and 2SLGBTQQIA+ People
    Jurisdiction National
    Purpose/Mandate The National Inuit Action Plan are intended to guide implementation of 46 Inuit-specific Calls for Justice by governments and Inuit.
    Link https://www.itk.ca/wp-content/uploads/2021/06/20210602-mmiwg-inuit-action-plan-full-EN.pdf)
  • Review of the RCMP’s Bias-Free Policing Model
    Report Name Review of the RCMP's Bias-Free Policing Model Report
    Jurisdiction National
    Purpose/Mandate The Commission sought to determine whether policies, training, and compliance frameworks are adequate, appropriate, sufficient, and clear to support the RCMP's bias-free policing model. By evaluating policy, training, and compliance measures, the Commission applied a practical approach to the complex issue of bias in policing. A total of 13 recommendations were made.
    Link https://www.crcc-ccetp.gc.ca/en/review-rcmps-bias-free-policing-model-report#toc1)
  • The Failure of Creating Choices
    Report Name The Failure of Creating Choices: The need for binding oversight of the Correctional Service of Canada, from the co-creators of Creating Choices
    Jurisdiction National
    Purpose/Mandate This report was prompted by the Office of the Correctional Investigator’s (OCI) 2020-2021 review of penitentiaries designated for women in Canada in its annual report, which recognizes and draws attention to the Creating Choices: The Report of the Task Force on Federally Sentenced Women (Creating Choices). It contains 3 recommendations.
    Link https://caefs.ca/wp-content/uploads/2022/05/2022-05-03-RP-The-Failure-of-Creating-Choices-1.pdf)
  • United Nations Declaration on the Rights of Indigenous Peoples Act Action Plan
    Report Name United Nations Declaration on the Rights of Indigenous Peoples Act Action Plan
    Jurisdiction National
    Purpose/Mandate The 2023-2028 Action Plan provides a roadmap of actions Canada must take in partnership with Indigenous peoples to implement the principles and rights in the United Nations Declaration and to further advance reconciliation in a tangible way. The Action Plan includes 181 important measures.
    Link https://www.justice.gc.ca/eng/declaration/ap-pa/index.html)
  • Indigenous Justice Strategy: What We Learned
    Report Name Indigenous Justice Strategy: What We Learned : Wave 1 Justice Canada-Led Engagement
    Jurisdiction National
    Purpose/Mandate In January 2021, the Minister of Justice and Attorney General of Canada was mandated with developing, in consultation and cooperation with Indigenous partners, provinces, and territories, an Indigenous Justice Strategy (IJS) to address systemic discrimination and the overrepresentation of Indigenous people in the justice system. The Ministers of Crown-Indigenous Relations and Northern Affairs Canada, Indigenous Services Canada and Public Safety Canada were also mandated to support this work. In the spirit of reconciliation, and out of respect for Indigenous rights to self-determination, the development of the Indigenous Justice Strategy was informed by two streams of engagement: 1) Indigenous-led engagement being undertaken by communities and organizations with grant support from Justice Canada; 2) Justice Canada-led engagement. This Report only includes information collected through Justice Canada-led engagements during Wave 1 between November 2022 and March 2023.
    Link https://www.justice.gc.ca/eng/csj-sjc/ijr-dja/ijs-sja/rep-rap/wave1-phase1/index.html)
  • Indigenous Justice Strategy: What We Learned
    Report Name Indigenous Justice Strategy: What We Learned: Wave 2 Justice Canada-Led Engagement
    Jurisdiction National
    Purpose/Mandate In January 2021, the Minister of Justice and Attorney General of Canada was mandated with developing, in consultation and cooperation with Indigenous partners, provinces, and territories, an Indigenous Justice Strategy (IJS) to address systemic discrimination and the overrepresentation of Indigenous people in the justice system. The Ministers of Crown-Indigenous Relations and Northern Affairs Canada, Indigenous Services Canada and Public Safety Canada were also mandated to support this work. In the spirit of reconciliation, and out of respect for Indigenous rights to self-determination, the development of the Indigenous Justice Strategy was informed by two streams of engagement: 1) Indigenous-led engagement being undertaken by communities and organizations with grant support from Justice Canada; 2) Justice Canada-led engagement. This report provides an overview of the Justice Canada-led engagement that took place during Wave 2 between April and December of 2023.
    Link https://www.justice.gc.ca/eng/csj-sjc/ijr-dja/ijs-sja/rep-rap/wave2-phase2/index.html)
  • People with Lived Experience: What We Learned
    Report Name People with Lived Experience: What We Learned: Wave 2 Justice Canada-Led Engagement
    Jurisdiction National
    Purpose/Mandate The purpose of this stream of Indigenous Justice Strategy engagement was to offer Indigenous people who are currently incarcerated an opportunity to participate in discussions that are taking place to develop the Indigenous Justice Strategy. As part of the Justice-led Wave 2 phase of engagement, Justice Canada visited federal correctional institutions and community-run Section 81 Healing Lodges from across Canada. This report provides a summary of what we heard from participants during this stream of engagement.
    Link https://www.justice.gc.ca/eng/csj-sjc/ijr-dja/ijs-sja/rep-rap/wave2-phase2/pwle-pecsj/index.html)
  • Indigenous Justice Strategy
    Report Name Indigenous Justice Strategy
    Jurisdiction National
    Purpose/Mandate In January 2021, the Minister of Justice and Attorney General of Canada was mandated with developing, in consultation and cooperation with Indigenous partners, provinces, and territories, an Indigenous Justice Strategy (IJS) to address systemic discrimination and the overrepresentation of Indigenous people in the justice system. The report includes 26 action items for addressing systemic discrimination and overrepresentation of Indigenous people in the justice system. Distinctions-based chapters also set out priorities for action identified by First Nations, Inuit and Métis co-development partners.
    Link https://www.justice.gc.ca/eng/csj-sjc/ijr-dja/ijs-sja/tijs-lsja/index.html)
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