Justice

Next steps

This Call to Action is complete.

Recent progress

The Government of Canada continues to rely on the Directive on Civil Litigation Involving Indigenous Peoples to inform the approach it takes in historical abuse litigation processes.

Next steps

The government is considering different approaches for engaging provinces and territories who are implicated in this call to action by asking them to review and amend their respective limitations legislation. Some provinces, such as British Columbia, are adopting their own provincial Directives on Civil Litigation Involving Indigenous Peoples to address these limitations issues.

Recent budget investments

Childhood Claims are addressed on a case-by-case basis.

Budget 2021 provided $3 million for Childhood Claims to support ongoing efforts to resolve Childhood Claims outside of the courts. While this funding is not exclusive to responding to Call to Action 29, this would include supporting exploratory discussions, negotiations, joint research and joint expert contracts and other related litigation and resolution expenses.

Recent progress

The Government of Canada continues to work with the parties to implement the Sixties Scoop, McLean and Gottfriedson settlement agreements and will continue to take steps to address claims outside of the courts, wherever possible.

Next steps

The Government of Canada continues to work collaboratively with the plaintiffs, their counsel and Indigenous leadership to identify options to resolve Childhood Claims outside of the courts wherever possible.

Background and Current Status

In May 2019, the first performance monitoring framework for the Canadian criminal justice system was released. One of the 9 outcomes included in the framework is that the criminal justice system reduces the number of Indigenous peoples in the system.

Ensuring the criminal justice system identifies the proportion of Indigenous to non-Indigenous victims and survivors and accused or convicted persons is critical to know if there has been a reduction. This outcome is measured by the representation of Indigenous individuals among:

• victims of homicide and other violent crimes
• persons accused of homicide
• admissions to the correctional system
• persons under correctional supervision
• dangerous offender classifications

Results from this framework are available in an annual State of the Criminal Justice System Report and through the interactive State of the Criminal Justice System Dashboard.

In 2018 the Government of Canada introduced Bill C-75: An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts. Enacted in 2019, this legislation made changes to the bail system and provided a new tool to address administration of justice charges to help reduce overrepresentation.

The overrepresentation of Indigenous people in the justice system is a serious and complex issue, rooted in systemic discrimination and the legacy of colonialism. While it cannot be addressed alone by the Correctional Service of Canada (CSC), CSC can play an important role in ensuring incarcerated Indigenous individuals are prepared to re-enter the community at their earliest eligible date, and successfully reintegrated so they do not return to the correctional system, through the provision of culturally-relevant programming and services.

CSC is committed to improving outcomes for all Indigenous people serving federal sentences, through ongoing and sustained collaboration with many criminal justice system partners, including various levels of government, agencies, organizations, and community stakeholders.

In May 2023, CSC recently appointed a Deputy Commissioner for Indigenous Corrections (DCIC). The DCIC's role is to ensure appropriate attention and accountability for Indigenous issues in the correctional system and address the overrepresentation of Indigenous people in federal custody.

What's happening?

Since January 2016, the Government of Canada has allocated funding, created programs and introduced new policies, initiatives and legislation to respond to this call to action.

The Government of Canada continues to develop an Indigenous Justice Strategy in consultation and cooperation with First Nations, Inuit and Métis, to address systemic discrimination and the overrepresentation of Indigenous people in the justice system. Given their key role and jurisdiction in relation to the administration of justice, this work is also being done in close collaboration with the provinces and territories.

The Indigenous Justice Program (IJP) directly supports over 211 Indigenous-led community-based justice programs in partnership with all provinces and territories. Funded programs offer alternatives to mainstream justice processes in appropriate circumstances and contribute to addressing the overrepresentation of Indigenous people in the criminal justice system, both as victims and offenders.

These programs are developed by Indigenous communities for Indigenous Peoples. They work to address root causes of offending and deliver programming that reflects the justice values, traditions and culture of their community. Programs use restorative and traditional Indigenous justice processes that focus on repairing harm and bringing together victim, offender and community.

The IJP and the Royal Canadian Mounted Police (RCMP) have been working in collaboration on practical ways to advance the Government's commitment to address the overrepresentation of Indigenous people in the criminal justice system. Since 2021, the IJP has partnered with the RCMP on a joint initiative to increase the use of pre-charge diversions and restorative justice. IJP funded community-based justice programs have partnered with RCMP detachments to increase awareness of programming, build better working relationships and increase the use of pre-charge diversions to IJP programs by RCMP members.

During the 2020 Fall Economic Statement the Government of Canada announced funding to support the implementation of Gladue Principles in the mainstream justice system and Indigenous-led responses in order to help reduce the overrepresentation of Indigenous Peoples in the criminal justice and correctional systems. As a result, the IJP held a call for proposals for projects informed by Gladue principles that focus on systemic change to address bias and other barriers against Indigenous peoples in the criminal justice system. The Department of Justice signed 31 funding agreements under this call that focus on educating justice professionals and changing structures, policies, practices and institutions in the criminal justice system. The IJP also received ongoing funding for the implementation of post-sentencing Gladue Aftercare Services. This funding is for community-based justice programs to assist individuals who have had a Gladue report in meeting the conditions of their sentence and implementing other recommendations from their reports.

The 2023 Fall Economic Statement announced $14 million over 5 years and an ongoing $3.5 million for the development of Gladue reports. Gladue reports contain information unique to the circumstances of the Indigenous accused, and contain options for culturally-relevant services, which are considered at sentencing.  Justice Canada continues its work with Provinces, Territories and Indigenous governments and organizations across the country to increase the availabitlity of Gladue reports and/or develop Gladue report delivery models.  Canada has supported increased availability in British Columbia, the Yukon, Alberta, Ontario, Quebec, Nova Scotia and Prince Edward Island, while working alongside government and Indigenous partners in developing frameworks in Manitoba, Northwest Territories, and New Brunswick.

In 2018, federal, provincial and territorial (FPT) Deputy Ministers (DMs) responsible for Justice and Public Safety tasked their officials with developing a Pan-Canadian Strategy to Address the Overrepresentation of Indigenous Peoples in the Criminal Justice System (PCSIO). The PCSIO is an important step in working with provinces and territories to address the overrepresentation of Indigenous people in the criminal justice system and will help support the ongoing development of the Indigenous Justice Strategy.

In addition, Justice Canada expanded the Indigenous Courtwork Program to assist Indigenous persons who are navigating the family justice and child protection systems, often simultaneously with the criminal justice system.

The Government of Canada will invest in research and data collection to better understand the role of different social systems in preventing involvement with the criminal justice system. This includes establishing national standards regarding missing persons reports and improving the collection and use of disaggregated data to address the over-representation of Indigenous victims, survivors and offenders in the criminal justice system and experiences with police, courts and correctional services.

Statistics Canada is also collaborating with Justice Canada on a project examining the criminal court outcomes of Indigenous, Black, and other racialized accused relative to their white counterparts. This project is based on a linkage between criminal court records and the Census of Population.

The Government of Canada is implementing the Justice Data Modernization Initiative to support innovative approaches to producing and using disaggregated criminal justice data in view of addressing the overrepresentation of Indigenous people, and Black and other racialized people in the criminal justice system.

The Justice Data Modernization Initiative is led by Justice Canada and Statistics Canada. Under this initiative, Statistics Canada is working to develop a framework of national indicators of overrepresentation that will allow us to measure and monitor overrepresentation across the criminal justice system.

In parallel, Justice Canada is conducting and commissioning quantitative research to help policy-makers assess the potential for program, policy and legislative changes to reduce overrepresentation. This includes examining the role that all social sectors can play in supporting well-being and reducing criminalization.

Justice Canada and Statistics Canada are also collaborating to build a simulation model of criminal justice system trajectories:

• Non-Criminal Justice System (CJS)-involved
• Police
• Courts
• Corrections

To project the impacts of hypothetical justice (such as pre-court diversion, court procedures, programs and correctional procedures, programs) and social sector interventions (such as in employment, education, housing, child care, child welfare and health) on CJS involvement and overrepresentation of Indigenous and racialized people.

In July 2021, to respond to gaps in data in the area of Indigenous Peoples' involvement in the criminal courts, Justice Canada published the Indigenous peoples in criminal court in Canada: An exploration using the Relative Rate Index report. This first-of-its-kind research study estimates the overrepresentation of Indigenous peoples in Canadian criminal courts and assesses the extent to which Indigenous accused experience different outcomes, relative to non-Indigenous accused.

The RCMP has been working with federal, provincial and regional partners to increase the use of restorative justice and increase referrals to community and Indigenous (traditional) justice programs pre-charge. In 2019 the RCMP introduced mechanisms to track the number of restorative justice referrals and are working towards a 5% increase in referrals over the next 3 years.

Recent budget investments

The 2023 Fall Economic Statement announced $14 million over 5 years and an ongoing $3.5 million for the development of Gladue reports. Gladue reports contain information unique to the circumstances of the Indigenous accused, and contain options for culturally-relevant services, which are considered at sentencing. Justice Canada continues its work with provinces, territories and Indigenous governments and organizations across the country to increase the availability of Gladue reports or develop Gladue report delivery models. Canada has supported increased availability in British Columbia, the Yukon, Alberta, Ontario, Quebec, Nova Scotia and Prince Edward Island, while working alongside government and Indigenous partners in developing frameworks in Manitoba, Northwest Territories, and New Brunswick.

Budget 2024 proposes to provide $56.4 million over 5 years and $11.3 million per year ongoing to the Department of Justice for Indigenous Justice Programming. This includes ongoing funding through the Indigenous Justice Program for civil and family mediation programing and program integrity to stabilize service delivery. It also provides the Indigenous Courtwork Program with ongoing funding for the development and delivery of Indigenous family courtwork services.

Budget 2024 proposes $25.1 million over 3 years to renew funding for capacity building and engagement throughout the development and initial implementation of the Indigenous Justice Strategy.

Budget 2021 provided $27.1 million over 3 years (ended March 31, 2024), through the Indigenous Courtwork Program and Indigenous Justice Program, to help Indigenous families navigate the family justice system and access community-based family mediation services. This included $13.6 million over 3 years in program integrity funding for the Indigenous Justice Program. It also provided $6.8 million over 3 years for Indigenous-led civil and family mediation through the Indigenous Justice Program. Lastly, Budget 2021 provided $6.7 million over 3 years for Indigenous Family Courtwork services to assist Indigenous persons who are navigating the family, child protection, or criminal justice systems.

During the 2020 Fall Economic Statement the Government of Canada announced $49.3 million to support the implementation of Gladue Principles in the mainstream justice system and Indigenous-led responses in order to help reduce the overrepresentation of Indigenous Peoples in the criminal justice and correctional systems. This includes $14.0 million over 5 years and $3.5 million ongoing through the Indigenous courtwork program for Gladue report writing. It provided the Indigenous Justice Program $25.4 million over 5 years and $6.2 million ongoing for post-sentence Gladue Aftercare. And lastly, $10.0M over 5 years through the Indigenous Justice Program for projects focused on implementing Gladue Principles into the mainstream criminal justice system.

Budget 2017 provided $10 million over 5 years to support the Indigenous Community Corrections Initiative. Additionally, Budget 2016 increased on-going funding for the Indigenous Courtwork Program by $4 million.

Budget 2021 allocated $103.8 million over 5 years, beginning in 2021 to 2022, for new Pathways to Safe Indigenous Communities Initiative to support Indigenous communities to develop more holistic community-based safety and wellness models.

Budget 2021 provided $24.2 million over 3 years, until March 2024, to support engagement with Indigenous governments, communities and organizations on the development of an Indigenous Justice Strategy. Of this amount, $11 million was allocated to support Indigenous-led engagements.

Budget 2021 provided an investment of $6.7 million over 5 years and an ongoing annual investment of $1.4 million to improve the collection and use of disaggregated data and produce innovative research, to support ongoing efforts to address the overrepresentation of Indigenous peoples, Black people and other racialized peoples in the criminal justice system.

Through Budget 2022, the Government of Canada earmarked an additional $60 million in 2023 to 2024 to increase the federal contribution to criminal legal aid services to address the over-representation of vulnerable individuals, including Indigenous Peoples, before the criminal courts, and to further support a justice system that remains fair and accessible to all Canadians.

To meet our needs and those from our partners, IIS NHQ created a National Call Out for funding proposals to support the reintegration of federally incarcerated Indigenous persons, while addressing recidivism and the overrepresentation of Indigenous people in federal custody.

The Indigenous Offenders Reintegration Contribution Program (IORCP) allocated $600,000 towards contributions to Indigenous and non-profit organizations for programs and reintegrative services in 2022 to 2023. That amount has increased to $900,000 in 2023 to 2024 and for 2024 to 2025 the amount will be $1,500,000. As of March 2024, IOR-CP has received funding requests from the Pacific, Prairies, Ontario, Quebec and Atlantic regions. IIS NHQ is currently holding regional discussions to conduct their due diligence and for decision-making process.

The Contribution Agreements will provide cultural services that support the reintegration of federally incarcerated Indigenous persons, while addressing recidivism and the overrepresentation of Indigenous people in federal custody. These services include providing effective supports for gang disaffiliation, Fetal alcohol spectrum disorders (FASD), and reintegration for Indigenous women. Additionally, they will assist federally incarcerated Indigenous persons to enter the workforce with day-to-day mentorship and Elder support and will provide culturally responsive supports and services through pre-release programs for these individuals during their re-entry into society. These services will help in connecting federally incarcerated Indigenous persons to culture and provide guidance as they reintegrate back into society and communities. Due to an increase in demand, the allocated contribution funding was fully utilized in 2023 to 2024.

In addition to the $900,000 distributed for Contribution Agreements, $1.9 million dollars have been invested in Indigenous reintegration support and services from the Community Reintegration Fund. This funding comes from 2 streams:

• the urban transition support stream
  • The urban transition support stream of funding primarily focuses on assisting federally incarcerated Indigenous persons in transitioning from correctional facilities to urban communities. This support includes trauma, addiction, and life skills counseling, as well as gang disaffiliation efforts, offered within Indigenous Intervention Centers (IICs) within correctional institutions.
• the home community reintegration funding stream
  • The home community reintegration funding stream focuses on strengthening the connection between remote Indigenous communities and the Correctional Service of Canada (CSC) to aid in the reintegration of offenders back into their home communities.

Improved Elder Budget Coding guidelines have also been developed, and are being implemented in Q1, to more accurately report on where Elder services are occurring and the cost associated with providing that service. The new coding model will allow for a review of resource indicators to occur in the future, along with projection of increased resources as needed.

Recent progress

Support for the implementation of Gladue Principles:

• Justice Canada has engaged provincial and territorial partners through regular Federal, Provincial and Territorial Working Group meetings and bilateral discussions on jurisdictional specific implementation plans. Justice Canada also has an ongoing dialogue with Indigenous community partners and service delivery agencies and will continue to work closely with them throughout the roll-out of this initiative in the Fall of 2022.
• in 2022 to 2023 the Indigenous Courtwork Program allocated $2.75M to provincial and territorial governments or Indigenous organizations in 10 regions (British Columbia, Yukon, Alberta, Ontario, Quebec, Prince Edward Island, Nova Scotia, Manitoba, New Brunswick, Northwest Territories) to support the development or increased access to Gladue reports.
• the call for proposals for the project component launched in July 2021 and closed in August 2021. Thirty-one projects have been approved. Funding agreements with Indigenous community-based recipients for Gladue Casework/Aftercare have been signed in those same jurisdictions.

On November 17, 2022, former Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act, received Royal Assent and came into force. These reforms repealed certain mandatory minimum penalties, increased the availability of conditional sentences and enacted provisions to encourage diversion for those found in simple possession of drugs. These changes allow courts to impose sentences that maintain public safety, while also addressing overrepresentation of Indigenous people in the criminal justice system.

Thirty eight Indigenous governments, communities and organizations engaged with their members and citizens on what an Indigenous Justice Strategy could and should include. These 38 funded partners provided  Justice Canada with reports on the outcomes of their engagement and recommendations for the Strategy. To complement the Indigenous-led engagements, Justice Canada conducted a first wave of virtual dialogue sessions from November 2022 to March 2023, convening over 700 participants from various distinctions and regions. This resulted in a ‘What We Learned Report', which was released on September 15, 2023. The second wave of Justice Canada-led engagement, from April to December 2023, consisted of in-person regional sessions and broader virtual gatherings that were held across the country. There were also 14 in-person sessions at 11 federal correctional institutions and section 81 facilities. A second What We Learned Report and People with Lived Experience Report on this wave are available online.

The Indigenous Corrections Accountability Report (ICAF) is externally available and has been modified to be accessible to all Canadians. In addition to the Indigenous Correctional Accountability Framework, IIS has developed an Indigenous Initiatives Sector Quarterly Results Report to monitor regional data. The objective of sharing the results is to highlight indicators that impact outcomes for federally incarcerated Indigenous persons for inclusion and meaningful use in the decision-making process. This tool aims to reduce the gap between Indigenous and non-Indigenous people who are federally incarcerated. Quarterly, IIS will compile regional data on existing key indicators from the Department Results Report and the National Indigenous Plan. Each region will be requested to provide information about contribution agreements and partnerships in their respective region. IIS will then compile all data and regional information in a single document and create a placemat presenting key indicators which will then be distributed to all regions. Currently, IIS has received data for Q1, Q2, and Q3 from each region. This IIS Quarterly Results Reporting supports Correctional Service Canada's continued efforts towards combating systemic racism, discrimination, and the overrepresentation of Indigenous Peoples in the criminal justice system.

Correctional Service Canada research team recently conducted research on Section 81 and Healing Lodges. The Research Reports on Healing Lodges indicated that residents were more likely to complete correctional programs, participated in more Escorted and Unescorted Temporary Absences, and had better outcomes than institutional offenders. The findings indicated that participants were rated higher in accountability, motivation, and engagement. Healing Lodges offer culturally responsive approaches to address the needs of federally incarcerated Indigenous persons. In addition, the Indigenous Initiatives Sector supported Correctional Service Canada's research branch and other departments with the development of processes to assist with Indigenous community consultations. This resulted in the creation of an Indigenous Research Circle for CSC's research branch. The Indigenous Research Circle presented to the National Indigenous Advisory Committee (NIAC) in March 2024. The research on Healing Lodges and Section 84 releases was also presented to the NIAC.

Correctional Service Canada has developed a Strategic Plan to expand the use of Section 81 Agreements with Indigenous groups and governing bodies. Section 81 allows an Indigenous community to provide correctional services to federally incarcerated Indigenous individuals. A federally incarcerated individual may be transferred to the care and custody of a facility in an Indigenous community at any time during their sentence, with the agreement of all parties. The facility may also supervise offenders on day or full parole or statutory release. Current efforts focus on:

1. enhancing the use of existing Section 81 Agreements by addressing barriers to full utilization
2. expanding the use of Section 81 of the CCRA through new agreements, particularly in under-served geographies
3. enhancing engagement with Indigenous partners and the whole of government to ensure the use of Section 81 of the CCRA to its full legislative intent

During this reporting period, the action plan was approved by Executive Committee and implemented in December 2023.

An updated Commissioner's Directive 702 (CD 702) – Indigenous Offenders has been drafted and is currently being prepared for consultation. The revised CD will be accompanied by two new guidelines. The first guideline outlines requirements concerning the appropriate consideration of Indigenous Social History (ISH). The second guideline provides staff with guidance on how to effectively work with Elders and Spiritual Advisors who provide services within CSC. It is anticipated that these policy instruments will be distributed for consultation in Q1 2024 to 2025.

CSC contracts with approximately 140 Elders and Spiritual Advisors to provide spiritual, counselling support, ceremony, and teachings to interested First Nations, Métis, and Inuit federally incarcerated individuals, to support successful community reintegration. A proposed model for moving forward with the Management of Elder Services was presented to senior management in March 2024.

The National Elders Working Group (NEWG) convened at the National Gathering of Elder Kanata in Edmonton in October 2023, fostering reconciliation, and understanding between Indigenous and non-Indigenous groups. Session topics included reconciliation, language, Missing and Murdered Indigenous Women and Girls, climate change, and family issues. Following the gathering, the group met to develop a workplan focusing on Elder recruitment, support services, and relationship-building. The next NEWG meeting is expected to be held in early summer 2024. There are several important actions stemming from the last meeting in February 2024. These include the development of a statement of work for the role of Knowledge Keeper and confirming with regions that Regional Elder Councils are operating and leveraged as part of the Elder contracting process.

The subsequent NEWG meetings, such as the formal gathering in February 2024 in Saskatoon, continue discussions on topics from the Gathering and inform the review and revitalization of CD 702. The updated policy will provide clear direction regarding supporting Elders in documenting progress made with offenders though cultural interventions, direction on the role of the Elder and how CSC is to support the Elder. A new Annex will be added to this policy that will outline Dynamic risk factors and provide additional options and explanations on how to consider Indigenous Social History and potential culturally responsive interventions.

An intergovernmental working group has been struck by the DCIC, with the support of the Deputy Minister of Indigenous Services Canada, to respond with a whole-of-government approach to items believed to be systemic barriers to engagement with Elders and governments ability to support /respect cultural protocols. The first Working Group meeting is scheduled for April 2024 (Q1).

CSC also consulted with Elders/Spiritual Advisors on the development of a cultural interventions resource guide to assist case management teams in understanding the impact of cultural/spiritual interventions in addressing offender dynamic need and correctional plan goals. Lastly, IIS has worked with Correctional Operations and Programs Sector (COP) to create an Elder Review Bring Forward (BF) tool which will assist in managing the completion of Elder Reviews in alignment with policy timeframes.

Pathways units were created in federal institutions to:

• provide opportunities for offenders to focus on a traditional healing path
• engage in a culturally relevant environment, and have direct access to Elders/Spiritual Advisors and ceremony
• progress in their Healing or Correctional Plan
• transfer to lower security institutions or to a healing lodge

In 2002, CSC began with 3 Pathways units and expanded to 7 in 2006. There are currently 27 Pathways Initiatives for federally incarcerated men and women, representing all security levels.

New Pathways Guidelines CD 702-1 and a new National Handbook are currently pending EXCOM approval and are anticipated to be promulgated in 2024 to 2025 Q1. A schedule for completing reviews of each Pathways Unit has been established, with the first round of reviews being due in Q1. This will allow sites to evaluate the integrity of their Pathways Units and ensure they are achieving the results intended. Quarterly Pathways Indicator Reports have been established, with a 2023 to 2024 year-end report due in Q1, which will provide Regions with regular updates on how Pathways are operating in their Regions. Regular reporting will allow for monitoring and remedial action as necessary throughout the Fiscal Year, which should lead to improved results. A review of current Pathways participants is underway, to ensure that each Pathways participant has a plan for a successful departure from Pathways, that support transition to lower security/Healing Lodge and preparation for release. Information from this review will be rolled up and reviewed in Q1 and inform direction for the new Fiscal Year.

The National Indigenous Plan began the implementation of Indigenous Intervention Centres (IIC) in 2018. IICs are a case management model that is intended to provide a more targeted approach to interventions, with the necessary support and coordination to prepare federally incarcerated Indigenous individuals serving shorter sentences for conditional release at their earliest release eligibility. Following the recent completion of the Audit on Indigenous Intervention Centres (IICs), a Management Action Plan was created to response to the issues raised and recommendations identified in the Audit. CSC continues to work to update the IIC handbook.

CSC established 6 contribution agreements through the Indigenous Offender Reintegration Contribution Program and approved approximately $900,000 of funds to be distributed, which is the maximum amount for fiscal year 2023 to 2024. As of March 2024, IOR-CP has received funding requests from the Pacific, Prairies, Ontario, Quebec, and Atlantic regions. IIS NHQ is currently holding regional discussions to conduct their due diligence and for decision-making process.

CSC continues to explore innovative approaches to enhance reintegration support and services for Indigenous people who are federally incarcerated. This includes initiatives aimed at addressing the social determinants of health, such as housing and employment opportunities, as well as culturally responsive programming tailored to the unique needs of Indigenous individuals. CSC IIS has recently partnered with Public Safety in the administration of their Indigenous Community Corrections Initiative where CSC assisted in the review and processing of over 60 applications for grants and contributions out of about 100 funding applications. Furthermore, we are actively engaging in partnerships with indigenous organizations and communities to co-develop and deliver programs that promote healing, reconciliation, and community reintegration.

Next steps

The Government of Canada (through the Departments of Justice Canada and Public Safety Canada) is exploring legislative and policy changes that would:

• improve access to justice
• expand cultural competency training of justice workers
• increase the use of culturally safe family and victims supports
• provide support for community-based Indigenous-led justice solutions as alternatives to the justice system

Through the Federal Pathway, the Government of Canada reaffirmed its focus on dismantling barriers to justice for Indigenous peoples, which include policy, legislative and program reforms that acknowledge that Indigenous-led, multi-sectoral and healing responses are needed to support Indigenous victims and their families, as well as Indigenous peoples who are accused, and Indigenous offenders.

The federal government will increase prosecutorial capacity in the territories to support victims of violence.

Administration of justice agreements will continue to be negotiated with Indigenous communities to strengthen community-based justice systems, support self-determination and to provide alternatives to the mainstream justice system.

As part of the next phase of engagement on the Indigenous Justice Strategy, a Key Elements Consultation Draft, identifying shared priorities for action, will be released for a period of public validation and targeted consultation with Indigenous governments, communities and organizations, as well as provinces and territories. A parallel process of co-development with key Indigenous partners is also being conducted to review the proposed draft Strategy and to co-develop First Nations, Inuit and Métis-specific priorities, with the intent of releasing the final co-developed strategy in fall 2024.

Justice Canada will continue the ongoing onboarding of jurisdictions and community partners for Gladue Reports and Aftercare.

As per the 2022 Commissioner's Mandate Letter, Sections 81 & 84 of the Corrections and Conditional Release Act (CCRA) are identified as key departmental priorities, and concerted efforts are underway toward implementation. CSC has developed a strategic action plan for Section 81 titled "Barriers and Opportunities to Expanding the Uses of Sections 81 and 84 of the CCRA". The action plan was approved and implemented in December 2023.

CSC will continue to work with Indigenous communities and stakeholders to develop initiatives that support CSC Elders and Spiritual Advisors, including reviewing current policy, through the DCIC's intergovernmental working group, and the NEWG.

Background and Current Status

The 2021 evaluation of the Indigenous Justice Program (IJP) was released in spring 2022. The evaluation demonstrated the continued need for culturally safe justice services for Indigenous people and acknowledged that these programs offer culturally appropriate alternatives to the mainstream criminal justice system and respond to the needs of the accused. The evaluation found that the IJP helps reduce victimization and recidivism rates and is critical to increasing access to Indigenous-led justice programming.

The most recent evaluation of the Indigenous Courtwork Program was released in March 2023. The evaluation highlighted the critical need for Indigenous Courtworkers across the country. It also noted that the estimated cost savings to the criminal justice system from Courtworker activities that prevent clients from avoidable arrests and unnecessary time in custody, including by referring them to appropriate community-based programs and resources, are about $73 million per year.

Recent Budget Investments

Budget 2021 provided $11 million in funding, until March 2024, to support Indigenous-led community engagement, as well as collaboration between Indigenous groups and the government, as a first step towards developing an Indigenous Justice Strategy in Canada.

Budget 2021 provided funding for increased access to Indigenous Family Courtwork services which link victims, offenders and families to community resources.

In 2021 to 2022 Justice Canada allocated $1.2 million in announced funding to enhance Indigenous Family Courtwork services in those regions where services currently exist (Alberta, Saskatchewan, Quebec, Ontario, Northwest Territories). This amount included $235,000 to the Native Courtworker and Counselling Services of British Columbia to develop a framework for the delivery of Family Courtwork Services in British Columbia, $66,000 to the Siksika Pomiikapi Justice Society to explore the development of an Indigenous Family Courtwork model and $50,000 to the Yorkton Tribal Council to explore expansion into delivering Indigenous Family Courtwork services.

In 2022 to 2023, Justice Canada earmarked $2.5 million in announced funding, including support to enhance Indigenous Family Courtwork services in those regions where services currently exist (Alberta, Saskatchewan, Quebec, Ontario, Northwest Territories) and $66,000 to the Yukon Government to work with communities to develop an Indigenous Family Courtwork framework, $203,102 to Services Parajudiciaires Autochtones du Québec to improve Family and Criminal Court Services and $98,670 to the Mi'kmaw Legal Support Network to develop an Indigenous Family Courtwork Model in Nova Scotia.

In 2023 to 2024, Canada has earmarked $3 million in announced funding, including support to enhance Indigenous Family Courtwork services in those regions where services currently exist (Alberta, Saskatchewan, Quebec, Ontario, Northwest Territories), over $100,000 to the Yellowhead Tribal Community Corrections Society in Alberta, and more than $98,000 to the Mi'kmaw Legal Support Network in Nova Scotia to develop Indigenous Family Courtwork frameworks in each of their respective regions.

Recent progress

Funding agreements for areas of the Indigenous Justice Program have been finalized.

Program integrity funding for existing Indigenous Justice Program-supported programs was included in the 5 year funding agreements that were recently signed. These agreements cover the federal government's contribution to the community-based justice programs run by Indigenous Justice Program's Indigenous community partners. Program integrity funding focused on top-ups to existing salary, training and travel budgets. These budget increases will allow programs to continue to provide high-quality justice programming and enhance their stability.

Decisions on Civil and Family Mediation were made based on a Call for Proposals open to existing Indigenous Justice Program-supported programs for the following types of initiatives:

• capacity building and training
• enhancing and expanding existing programming
• developing and testing new models

Funding was provided to 39 Indigenous Justice Program supported programs for initiatives ending before March 31, 2024.

The Indigenous Justice Program supports annual Regional Gatherings, which are an opportunity for funding recipients, Indigenous communities, provinces and territories, and other justice stakeholders to come together to establish partnerships with each other. It is intended that victims training will be a component of each regional gatherings throughout 2023 to 2024.

Thirty-eight Indigenous governments, communities and organizations continue to engage with their members and citizens on what an Indigenous Justice Strategy should include. To complement the Indigenous-led engagements, Justice Canada conducted a first wave of engagement sessions from November 2022 to March 2023, convening over 700 participants from various distinctions and regions to identify gaps and needs. This resulted in a 'What We Learned Report', which was released on September 15, 2023. The report informed the next wave of department-led engagements on the Indigenous Justice Strategy, which was launched on April 11, 2023. This wave includes in-person meetings with Indigenous people who have lived experience in the Canadian justice system.

Next steps

The Indigenous Justice Program will continue to work with provincial and territorial partners to look at ways to better support the needs of Indigenous community partners.

As part of the second wave of engagement on the Indigenous Justice Strategy, Justice Canada is working with Indigenous, provincial and territorial partners to coordinate in-person working meetings throughout the fall and winter of 2023.

Background and Current Status

On November 17, 2022, former Bill C-5, an Act to amend the Criminal Code and the Controlled Drugs and Substances Act, received Royal Assent and came into force. These reforms:

• repealed certain mandatory minimum penalties
• increased the availability of conditional sentences
• enacted provisions that encourage diversion for those found in simple possession of drugs

These changes allow courts to impose sentences that maintain public safety, while also addressing the overrepresentation of Indigenous peoples in the criminal justice system.

Recent Budget Investments

Budget 2021 provided $24.2 million in funding, until March 2024, towards the Indigenous Justice Strategy to support engagement with Indigenous communities and organizations as a first step towards developing an Indigenous Justice Strategy in Canada. Of this, $11 million was allocated to support Indigenous-led engagements.

Recent progress

Thirty-eight Indigenous governments, communities and organizations continue to engage with their members and citizens on what an Indigenous Justice Strategy should include. To complement the Indigenous-led engagements, Justice Canada conducted a first wave of engagement sessions from November 2022 to March 2023, convening over 700 participants from various distinctions and regions to identify gaps and needs. This resulted in a 'What We Learned Report', which was released on September 15, 2023. The Report informed the next wave of Department-led engagements on the Indigenous Justice Strategy, which was launched on April 11, 2023. This wave includes in-person meetings with Indigenous people who have lived experience in the Canadian justice system.

Next steps

The effective implementation of former Bill C-5 and examination of sentencing laws and their impacts, including on the over incarceration of Indigenous persons, are ongoing.

In the Federal Pathway to Address Missing and Murdered Indigenous Women, Girls and 2SLGBTQQIA+ People, the Government of Canada affirmed that specific work will be done to implement Gladue Principles that would contribute to addressing systemic barriers, increase the involvement of Indigenous communities in rehabilitating offenders and reduce the risk of future harm.

As part of the next phase of engagement on the Indigenous Justice Strategy, a Key Elements Consultation Draft, identifying shared priorities for action, will be released for a period of public validation and targeted consultation with Indigenous governments, communities and organizations, as well as with provinces and territories. A parallel process of co-development process with key Indigenous partners is also being conducted to review the proposed draft strategy and to co-develop First Nations, Inuit and Métis-specific priorities, with the intent of releasing the final co-developed Strategy in fall 2024.

Recent budget investments

Budget 2017 invested an additional $10.5 million over 5 years, with $3.7 million ongoing to expand the mentoring and community coordinator projects. As a result of this increased funding, by 2022 Indigenous Services Canada will invest $17.9 million annually and ongoing.

As of 2022, Indigenous Services Canada will be investing $17.9 million annually and ongoing through the Fetal Alcohol Spectrum Disorder Program. Indigenous Services Canada continues to support Indigenous partners in maximizing this investment and enhancing culturally relevant community-based prevention programming.

Recent progress

Fetal Alcohol Spectrum Disorder funding through Indigenous Services Canada is part of a suite of community-based investments in healthy child development that continue to support access to a continuum of services aimed to improve health outcomes for First Nations and Inuit infants, children, families and communities.

The Fetal Alcohol Spectrum Disorder Program supports First Nations and Inuit communities to prevent Fetal Alcohol Spectrum Disorder births and enhances the quality of life of those affected by the disorder.

In 2019, the Public Health Agency of Canada (PHAC), funded the Pauktuutit Inuit Women of Canada through the NSPF for a total of $558,000 over 3 years. This funding supported the development of culturally relevant prevention messaging and multimedia resources that raised awareness of the risks of alcohol use during pregnancy across all 4 Inuit regions and amongst the Inuit population in 3 key urban centers.

PHAC is also providing $1,032,871 over 5 years to the Centre for Addiction and Mental Health. This funding will help to complete a pilot project to modify, culturally adapt, translate, deliver and evaluate the effectiveness of the National Organization on Fetal Alcohol Syndrome (NOFAS) school-based FASD Education and Prevention Curriculum in select Ontario schools to children and youth (12-18 years) in urban, rural and First Nation communities.

Next steps

The Government of Canada recognizes that FASD is a serious public health issue. Addressing FASD will take a coordinated effort across federal departments and all levels of government, with services and supports that require the collaboration of multiple jurisdictions and sectors. PHAC is currently working to identify opportunities to strengthen Canada's approach to addressing and preventing FASD, including with Indigenous communities.

Background and current status

On November 17, 2022, former Bill C-5, an Act to amend the Criminal Code and the Controlled Drugs and Substances Act, received Royal Assent and came into force. These reforms repealed certain mandatory minimum penalties, increased the availability of conditional sentences and enacted provisions that encourage diversion for those found in simple possession of drugs. These changes allow courts to impose sentences that maintain public safety, while also addressing overrepresentation of Indigenous people in the criminal justice system.

Recent budget investments

Budget 2021 provided $24.2 million in funding, until March 2024, towards the Indigenous Justice Strategy to support engagement with Indigenous communities and organizations as a first step towards developing an Indigenous Justice Strategy in Canada. Of this, $11 million was allocated to support Indigenous-led engagements.

Recent progress

Thirty-eight Indigenous governments, communities and organizations continue to engage with their members and citizens on what an Indigenous Justice Strategy should include. To complement the Indigenous-led engagements, Justice Canada conducted a first wave of engagement sessions from November 2022 to March 2023, convening over 700 participants from various distinctions and regions to identify gaps and needs. This resulted in a 'What We Learned Report', which was released on September 15, 2023. The Report informed the next wave of Department-led engagements on the Indigenous Justice Strategy, which was launched on April 11, 2023. This wave includes in-person meetings with Indigenous people who have lived experience in the Canadian justice system.

Next steps

The Government of Canada continues to work toward a fair and equitable justice system for all marginalized Canadians and support the enactment of the bill.

As announced in the Federal Pathway to Address Missing and Murdered Indigenous Women, Girls and 2SLGBTQQIA+ People (federal pathway), the Government of Canada will focus on dismantling barriers to justice for Indigenous peoples, including policy, legislative and program reforms that acknowledge that Indigenous-led, multi-sectoral and healing responses are needed to support:

• Indigenous victims and their families
• Indigenous peoples who are accused
• Indigenous offenders

In the Federal Pathway, the Government of Canada affirms that specific work will be done to implement Gladue Principles that would:

• contribute to addressing systemic barriers
• increase the involvement of Indigenous communities in rehabilitating offenders
• reduce the risk of future harm

Administration of justice agreements will continue to be negotiated with Indigenous communities to strengthen community-based justice systems, support self-determination and provide alternatives to the mainstream justice system.

As part of the next phase of engagement on the Indigenous Justice Strategy, a Key Elements Consultation Draft, identifying shared priorities for action, will be released for a period of public validation and targeted consultation with Indigenous governments, communities and organizations, as well as with provinces and territories. A parallel co-development process with key Indigenous partners is also being conducted to review the proposed draft Strategy and co-develop First Nations, Inuit and Métis-specific priorities, with the intent of releasing the final co-developed Strategy in fall 2024.

Recent Budget Investments

Funding of Section 81 Agreements and Healing Lodges is a top priority and reviewed annually. Multiple factors are taken into consideration such as, operating costs, budget shortfalls due to the pandemic, and increased costs from inflation.

Recent Progress

The Office of the Correctional Investigator (OCI) issued recommendations to enhance the use of Section 81 to form additional agreements with Indigenous organizations for the care and custody of Indigenous offenders.

The House of Commons Standing Committee on the Status of Women put forward a list of recommendations on how to improve Indigenous women's access to and treatment in the federal justice system as well as their treatment in the federal correctional system. This list is documented in their report A Call to Action: Reconciliation with Indigenous Women in the Federal Justice and Correctional Systems and includes a total of 96 recommendations, 5 of which directly implicate Healing Lodges.

CSC is currently enhancing its policy framework on Section 81 agreements to ensure timely assessment of Indigenous community applications for a Section 81 agreement. CSC is also working to strengthen how they processes the transfer of Indigenous federally-sentenced persons to Healing Lodges as part of their community reintegration plan. CSC developed a strategic action plan titled "Section 81 of the Corrections and Conditional Release Act (CCRA) – A Plan to Expand its Use and Accelerate the Timely Release of Indigenous Federally Incarcerated Individuals". This action plan was approved by Executive Committee and implementation began in December 2023.

CSC recently conducted a research study to examine community outcomes of Healing Lodge residents compared to both male and female federally incarcerated Indigenous persons. The study concluded that both men and women Healing Lodge residents participated significantly more in personal and spiritual development prior to their release. The Research Reports on Healing Lodges also indicated that residents were more likely to complete correctional programs, participated in more Escorted and Unescorted Temporary Absences, and had better outcomes than institutional offenders. The findings stated that participants were rated higher in accountability, motivation, and engagement.

The Indigenous Initiatives Sector (IIS) at Correctional Service of Canada (CSC) is actively engaged in addressing the expansion of Section 81 Healing Lodges across various regions. We acknowledge the importance of this Call to Action and are committed to fostering partnerships with Indigenous communities to enhance the capacity for healing and reintegration.

In the Atlantic region, negotiations for a new Section 81 (S.81) Agreement are underway. Similarly, the Pacific Region is actively exploring S.81 agreements with local indigenous communities and organizations. These initiatives underscore CSC's dedication to fostering partnerships that facilitate the provision of culturally responsive programming and services to federally incarcerated Indigenous persons, aiming to address the root causes of overrepresentation and enhance prospects for successful rehabilitation and reintegration. CSC also renewed the Section 81 Agreement with the Waseskun Healing Lodge during this reporting period as well.

CSC remains dedicated to advancing the TRC Call to Action 35 and will continue to collaborate with Indigenous communities to create meaningful and effective reintegration alternatives through the expansion of Section 81 Healing Lodges.

Next steps

Gaps in geographic areas in need of Section 81 Healing Lodges have been identified in the Atlantic, Ontario and Pacific regions as well as urban, rural, remote, and northern communities. CSC is also exploring new approaches to Section 81 agreements, particularly in those communities or regions where the number of Indigenous offenders may be limited.

As part of CSC's Section 81 Indigenous Outreach and Engagement Strategy, a review and update of the National Indigenous Advisory Committee (NIAC) membership occurred in January 2023, ensuring diversity of Indigenous perspectives and geographies. The final draft of the Strategic Action for Section 81 of the CCRA will be presented to EXCOM for approval in fall 2023.

Recent budget investments

To meet our needs and those from our partners, IIS NHQ created a National Call Out for funding proposals to support the reintegration of federally incarcerated Indigenous persons, while addressing recidivism and the overrepresentation of Indigenous people in federal custody.

The Government of Canada provided additional funding through the 2017 federal budget Community Reintegration Fund to reduce Indigenous overrepresentation in the criminal justice system. This is done by supporting alternatives to incarceration and the reintegration of Indigenous offenders, through community-based and culturally-relevant initiatives.

Recent progress

The Correctional Service of Canada (CSC) is committed to enhancing culturally-relevant interventions for Indigenous inmates. This includes working collaboratively with Indigenous communities, advisory boards, Elders, and criminal justice partners to address the impacts of intergenerational trauma.

CSC will continue to review IORCP proposals across the country to further assist in providing programming to meet the needs of Indigenous inmates.

In order to continually enhance the cultural relevance of services provided to Indigenous inmates, the CSC seeks advice and guidance from the National Elder Working Group (NEWG) on all aspects of Indigenous corrections, including spiritual, traditional and cultural protocols and practices. The NEWG also provides recommendations on policy, procedures, and interventions impacting federally incarcerated Indigenous persons. The NEWG met at the National Gathering of Elder Kanata in Edmonton in October 2023 to discuss and identify a CSC specific way forward and share best practices. During this event, the NEWG gathered to discuss topics such as reconciliation, language, Missing and Murdered Indigenous Women and Girls, climate change, and family issues.

Subsequent meetings of the NEWG, such as the formal gathering in February 2024 in Saskatoon, continue discussions on topics from the National Gathering of Elder Kanata and inform the review and revitalization of Commissioner Directive 702 (CD 702), emphasizing support for Elders and culturally responsive interventions. The updated policy will provide clear direction regarding supporting Elders in documenting progress made with offenders though cultural interventions, direction on the role of the Elder and how CSC is to support the Elder. A new Annex will be added to this policy that will outline Dynamic risk factors and provide additional options and explanations on how to consider Indigenous Social History and potential culturally responsive interventions. The next NEWG meeting is expected to be held in early summer 2024.

An intergovernmental working group has been struck by the DCIC, with the support of the Deputy Minister of Indigenous Services Canada, to respond with a whole-of-government approach to ongoing concerns Elders/Spiritual Advisors have raised with the current Elder services model. The first Working Group meeting is scheduled for April 2024 (Q1).

Mandated by Section 82 of the CCRA, the National Indigenous Advisory Committee (NIAC), comprised of Indigenous community leaders, provides advice, counsel and recommendations to the Commissioner on Correctional Service Canada policy, procedures, and interventions that impact Indigenous offenders. The committee provides a diverse and balanced community perspective, representing the needs of Inuit, Métis and First Nations communities and people.

As of March 2024, new long-term contracts were issued for all our NIAC members ensuring stability in the advisory group and solidifying a full complement of representation from diverse representation of the different Nations and Indigenous Organizations. CSC highlights the productive gathering recently held in March at La Macaza Institution. The two-day, in-person, meeting provided a valuable platform for meaningful dialogue and collaboration on key issues affecting federally incarcerated Indigenous persons, including providing culturally responsive services for Indigenous people.

CSC developed a strategic action plan titled "Section 81 of the Corrections and Conditional Release Act (CCRA) – A Plan to Expand its Use and Accelerate the Timely Release of Indigenous Federally Incarcerated Individuals". This action plan was approved and implementation began in December 2023.

An update to CD702 - Indigenous Offenders has been drafted and is currently being prepared for consultation. The revised CD will also be accompanied by two new guidelines. The first guideline outlines requirements concerning the appropriate consideration of Indigenous Social History (ISH). The second guideline provides staff with guidance on how to effectively work with Elders/Spiritual Advisors who provide services within CSC. It is anticipated that these policy instruments will be distributed for consultation in Q1 2024 to 2025.

Furthermore, IIS is currently in the process of streamlining the Section 84 process, which involves updating the Section 84 Guidelines, with an aim to increase the number of Section 84 releases.

Next steps

Through the above and the establishment of new relationships with Indigenous stakeholders in advisory and service provision capacities, the CSC intends to continue to enhance culturally relevant interventions to target the factors that contribute to criminality, such as substance abuse, family violence, and histories of victimization.

Recent budget investments

To meet our needs and those from our partners, Indigenous Initiative Sector (IIS) NHQ created a National Call Out to be dispersed to Regional Deputy Commissioners addressing the Community Reintegration Fund. The funding will be dispersed through two different mechanisms: contributions and contracts. These two mechanisms will help us achieve our goal of dispersing the entire amount available of $5.1 Million in 2024 to 2025, and in future years.

The Government of Canada provided additional funding through the Community Reintegration Fund in the 2017 federal budget to reduce Indigenous overrepresentation in the criminal justice system. This is done by supporting alternatives to incarceration and the reintegration of Indigenous offenders, through community-based and culturally-relevant initiatives.

Recent progress

CSC developed a strategic action plan titled "Section 81 of the Corrections and Conditional Release Act (CCRA) – A Plan to Expand its Use and Accelerate the Timely Release of Indigenous Federally Incarcerated Individuals". The intent is to make the Section 81 process more accessible and less intimidating for interested Indigenous communities. This action plan was approved and implementation began in December 2023.

In addition, the Section 84 Guidelines are being updated to ensure the language aligns with policy and the terminology reflects CSC reconciliation commitments as outlined in the Commissioner Mandate Letter, the Truth and Reconciliation, Spirit Matters and Missing and Murders Indigenous Women and Girls.

Next steps

In a mandate letter to the Commissioner in 2022, the Minister of Public Safety reaffirmed the Government of Canada's commitment to doing all that is required to address the endemic over-incarceration of Indigenous people. Specifically, by instructing the CSC to "prioritize working with and funding Indigenous organizations and communities to create additional section 81 and 84 agreements in accordance with the Corrections and Conditional Release Act to ensure that Indigenous offenders have access to culturally-relevant programming and supports in the community".

The work of the CSC is guided in large part by reports by the Office of the Auditor General of Canada, the Office of the Correctional Investigator, the Truth and Reconciliation Commission Calls to Action, and the Calls for Justice of the National Inquiry into Missing and Murdered Indigenous Women and Girls, as well as through its involvement in the whole-of-government approaches such as the Indigenous Justice Strategy and Federal Framework to Reduce Recidivism.

New partnerships, collaborations, and working relationships will be explored following expressions of interest communicated to the CSC by Indigenous organizations, to offer culturally-specific reintegration supports and interventions. The Correctional Service of Canada is currently working with 14 communities who have expressed interest in Section 81 agreements.

Regions will be able to leverage IORCP funding to expand Section 84 release planning in partnership with Indigenous communities and organizations.

CSC will also prioritize addressing the issues raised in the Audit of the Management of Elder Services.

Background and Current Status

As detailed under the response to CTA 30, the approved recommendations of the Pan-Canadian Strategy to Address the Overrepresentation of Indigenous People in the Criminal Justice System and their implementation will have a direct positive impact on CTA 38.

The way we respond to the recommendations includes programs and initiatives specifically meant to address the overrepresentation of Indigenous youth in the youth criminal justice system.

Annual reporting

In May 2019, Justice Canada released the first performance monitoring framework for the Canadian criminal justice system.

One of the 9 outcomes included in the framework is that the criminal justice system reduces the number of Indigenous people in the system.

A key indicator for this outcome is the proportion of Indigenous youth under correctional supervision. Adding a youth theme to the State of the Criminal Justice System Dashboard will help to address identified gaps in the data.

Results from this framework are available in an annual State of the Criminal Justice System Report and through our interactive State of the Criminal Justice System Dashboard.

In 2021, Justice Canada completed a study called Indigenous People in Criminal Court in Canada: An Exploration Using the Relative Rate Index.

This study was a collaborative effort between the Research and Statistics Division of Justice Canada and the Canadian Centre for Justice and Community Safety Statistics at Statistics Canada.

It explains initial results from new metrics, for example the Relative Rate Index, developed to gain a better understanding of the possible overrepresentation of Indigenous people, including youth, at different stages of criminal court.

Stages of criminal court include:

• preliminary hearings
• trial
• guilty findings
• custodial sentencing

To view the report, visit: Justice Canada's Research and Statistics Division's Website.

Program funding

To better respond to the needs of Indigenous youth who are in conflict with the law, Justice Canada funds non-profit organizations, Indigenous organizations, provincial and territorial governments and others who work to improve the youth justice system.

Justice Canada continues to invest in key flagship programs that help reduce the number of Indigenous youth in the criminal justice system, including the:

• Youth Justice Services Funding Program
• Youth Justice Fund
• Indigenous Courtwork Program
• Indigenous Justice Program

Recent Budget Investments

Budget 2024 proposes to provide $56.4 million over 5 years and $11.3 million per year ongoing to the Department of Justice for Indigenous justice programming. This includes ongoing funding through the Indigenous Justice Program for civil and family mediation programming and program integrity to stabilize service delivery. It also provides the Indigenous Courtwork Program with ongoing funding for the development and delivery of Indigenous family courtwork services.

Budget 2024 proposes $25.1 million over 3 years to renew funding for capacity building and engagement throughout the development and initial implementation of the Indigenous Justice Strategy.

The 2020 Fall Economic Statement announced $14 million over 5 years and $3.5 million ongoing for the development of Gladue reports. Gladue reports contain information unique to the circumstances of the Indigenous accused and contain options for culturally relevant services, which are considered at sentencing. Justice Canada continues its work with provinces, territories, and Indigenous governments and organizations across the country to increase the availability of Gladue reports and/or develop Gladue report-delivery models. Canada has supported increased availability in British Columbia, Yukon, Alberta, Ontario, Quebec, Nova Scotia and Prince Edward Island while working alongside government and Indigenous partners to develop frameworks in Manitoba, Northwest Territories and New Brunswick.

In Budget 2021, the Government of Canada announced $216.4 million over 5 years, starting in 2021 to 2022, and $43.3 million ongoing for the Youth Justice Services Funding Program to:

• increase funding to the provinces and territories in support of diversion programming
• help reduce the overrepresentation of Indigenous people, Black Canadians and other racialized groups in the youth justice system

Budget 2021 provided $27.1 million over 3 years (ended on March 31, 2024) through the Indigenous Courtwork Program and Indigenous Justice Program to help Indigenous families navigate the family justice system and access community-based family mediation services. This included $13.6 million over 3 years in program integrity funding for the Indigenous Justice Program. It also provided $6.8 million over 3 years for Indigenous-led civil and family mediation through the Indigenous Justice Program. Lastly, Budget 2021 provided $6.7 million over 3 years for Indigenous family courtwork services to assist Indigenous people who are navigating the family, child protection and/or criminal justice systems.

In the 2020 Fall Economic Statement, the Government of Canada announced $49.3 million to support the implementation of Gladue Principles in the mainstream justice system and Indigenous-led responses to help reduce the overrepresentation of Indigenous peoples in the criminal justice system and correctional systems. This includes $14 million over 5 years and $3.5 million ongoing through the Indigenous Courtwork Program for Gladue report writing. It provided the Indigenous Justice Program $25.4 million over 5 years and $6.2 million ongoing for post-sentence Gladue Aftercare. Lastly, it provided $10 million over 5 years through the Indigenous Justice Program for projects focused on integrating Gladue Principles into the mainstream criminal justice system.

Recent Progress

In 2020, Justice Canada delivered training across the country to individuals who work in the youth criminal justice system.

This training was aimed at contextualizing the principles of the Youth Criminal Justice Act and the amendments under the Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts (former Bill C-75).

As of April 2024, a total of $9.2 million in federal funding had been approved through the Youth Justice Fund to support multi-year pilot projects focusing on Indigenous youth or with a strong Indigenous component. An example of such projects are the Indigenous Youth-Centered Justice Project and the Community Youth Reintegration Program.

Toronto Metropolitan University's, formerly Ryerson University, "Indigenous Youth-Centered Justice Project"

The goal of this project is to improve outcomes for Indigenous youth who are involved in both the child welfare and youth criminal justice systems. In partnership with Indigenous Courtworkers in various parts of the country, the Indigenous Youth-Centered Justice Project will pilot innovative community-based projects in multiple jurisdictions. Justice Canada is providing approximately $2.5 million over 5 years—from 2021 to 2026—for this project.

The Indigenous Youth-Centered Justice Project will conduct individual casework with Indigenous youth with both youth criminal justice and child welfare involvement.

With the goal of reducing recidivism and the overrepresentation of Indigenous peoples in the youth and mainstream criminal justice systems, this work will promote healing, reparation and reintegration of Indigenous youth offenders.

Funding for this project will:

• help reduce or eliminate custody for Indigenous youth
• reduce time spent in the youth criminal justice system
• prevent youth from moving to the adult system

Indigenous court workers already play a critical role as a bridge between the justice system and Indigenous peoples. This means they can best help bring the child welfare and youth justice systems together to support Indigenous youth.

Saskatoon Tribal Council Inc.'s "Community Youth Reintegration Program"

Through its project, Saskatoon Tribal Council Inc. will expand current justice services to provide youth reintegration programming in communities under the Saskatoon Tribal Council. The goal of the program is to provide intensive mentorship for high-risk youth, and it will include culturally responsive programming unique to the communities' needs with the help of Knowledge Keepers and Elders, community members, community resources and agencies, family, and peers to develop unique case plans. It will provide holistic, wraparound services in the community. The main objectives of the program will be to reintegrate youth into their home communities, connect youth with appropriate resources and create supportive connections in the community using the inter-agency approach. Justice Canada is providing approximately $1 million over 3 years, from 2023 to 2026, for this project.

A total of 38 Indigenous governments, communities and organizations continue to engage with their members and citizens on what an Indigenous Justice Strategy should include. These 38 funded partners provided Justice Canada with reports on the outcomes of their engagement and recommendations for the Strategy. To complement the Indigenous-led engagements, Justice Canada conducted a first wave of engagement sessions from November 2022 to March 2023, with a diverse representation of Indigenous voices, including Indigenous youth, convening over 700 participants from various distinctions and regions. This resulted in a What We Learned Report, which was released on September 15, 2023. The second wave of Justice Canada-led engagement—from April to December 2023—consisted of in-person regional sessions and broader virtual gatherings that were held across the country. There were also 14 in-person sessions at 11 federal correctional institutions and section 81 facilities. A second What We Learned Report and People with Lived Experience Report on this wave are available online.

Next Steps

As the Truth and Reconciliation Commission recognized, many of the ways to reduce the overrepresentation of Indigenous youth will be found outside of the criminal justice system.

Work being done in response to many other calls to action, such as those relating to child welfare, health services and Fetal Alcohol Spectrum Disorder, will further contribute toward achieving Call to Action 38.

As part of the second wave of engagement on the Indigenous Justice Strategy, Justice Canada is working with Indigenous, provincial and territorial partners to coordinate in-person working meetings throughout the fall and winter of 2023.

Next steps

Police-reported homicide statistics for 2023 are planned for release in July 2024.

The work toward expanding police-reported crime statistics to include the Indigenous identity of victims and accused continues this year with a release of guidelines for collection, reporting and analysis planned for the latter part of 2024 to 2025. This work will continue to include engagements with Indigenous Peoples and organizations.

A focus on information on shelters serving Indigenous women and girls continues with a special topic Juristat planned for 2024 to 2025. This upcoming release will provide updated statistics from the last Juristat Shelters for victims of abuse with ties to Indigenous communities or organizations in Canada 2020/2021.

The Survey of Safety in Public and Private Spaces will be collected again in 2024 with an enhanced sample.

Family Information Liaison Units

Since 2016, Justice Canada has made funding and policy support available to provincial and territorial governments to support the design and delivery of Family Information Liaison Units.

Family Information Liaison Units ensure that family members of missing and murdered Indigenous women, girls and 2SLGBTQI+ people have a culturally-grounded and trauma-informed team to:

• assist them in accessing the information they are seeking about their loved one which is held in agencies across sectors and jurisdictions
• help them navigate the criminal justice system

Family Information Liaison Units were established with input from Indigenous family members and organizations in the jurisdiction in which they operate. Many are co-delivered in partnership with Indigenous organizations that know how best to support family members in their community.

Since they were established, Family Information Liaison Units have assisted thousands of family members across Canada to access the information they are seeking about their loved ones, such as the cause of death, the outcomes of criminal proceedings, and the status of the investigations. For many families, that information was unavailable due to geography, historical factors, and systemic and structural barriers. Family Information Liaison Units have also ensured that family members have access to available community supports and services.

On May 29, 2023, the Department of Justice announced increased support for families of missing and murdered Indigenous people and Indigenous victims and survivors of crime. This renewed federal funding for Family Information Liaison Units will be provided on an ongoing basis so the work can continue uninterrupted for as long as families and victims need them. The funding will be $37.3 million over 5 years and $7.75 million annually ongoing. Moving forward, while the focus will remain on families of MMIWG and 2SLGBTQI+ persons, this new funding will permit opportunities to also support families of missing or murdered men and boys.

Supporting families of Missing or Murdered Loved Ones: The Community Support and Healing for Families initiative

Justice Canada also supports community-led support and assistance for families of missing and murdered Indigenous women and girls through the Community Support and Healing for Families (CSHF) initiative which ensures that families of missing and murdered Indigenous persons have access to culturally safe, Indigenous-led activities and supports to assist them with the grief and trauma of their loss. Established in 2016, funding through the CSHF is available to Indigenous community organizations, who have the expertise and knowledge about how best to support family members, to deliver culturally-grounded grief and trauma support.

Building on the critical work that Indigenous organizations have been advancing in support of families for decades, this funding supports the design and delivery of specialized family-centered activities, such as:

• healing circles
• sharing circles
• cultural ceremonies and sweats
• trauma and grief workshops on loss
• family gatherings
• community events at sacred sites
• individual and group counselling with Elders and western based counsellors

On May 29, 2023, the Department of Justice announced renewed federal funding of $20 million over 5 years and $4.15 million annually ongoing for the CSHF initiative. The ongoing funding allows work to continue uninterrupted for as long as families and victims need them. Moving forward, while the focus will remain on families of MMIWG and 2SLGBTQI+, this new funding will permit opportunities to:

• support families of missing or murdered men and boys
• expand support for child, youth and 2SLGBTQI+ family members
• increase the availability of supports for First Nations, Inuit and Métis family members

Increasing Access to Indigenous – Led and Co-Developed Victim Services and Supports

Implementing the commitments made in the Federal Pathway, and the short and medium priorities of the Missing and Murdered Indigenous Women, Girls, and 2SLGBTQQIA+ People National Action Plan, co-developed in 2021, is ongoing. In addition to strengthened supports for families of missing or murdered loved ones, on May 29, 2023, Justice Canada announced funding of $38.6 million over 5 years and $8.45 million annually ongoing in support of Indigenous victims and survivors of crime. This new investment is focused on increasing access to Indigenous-led or co-developed services and supports for Indigenous victims and survivors of crime, as well as actions to address the systemic barriers that impact access to justice for Indigenous victims and survivors in the criminal justice system. Indigenous community agencies can access the funding to co-develop, design, and deliver culturally safe services and supports for victims and survivors of crime, of all ages, and types of harm. A Justice Canada call for proposals will be issued in the coming months.

Supporting Evaluation

All projects funded by Justice Canada include an evaluation component to ensure services are meeting the needs of victims, survivors and family members of missing or murdered Indigenous women and girls. In addition, Justice Canada has been seeking opportunities to increase awareness about, and understanding of, Indigenous evaluation methodologies and completed a report on the subject: Exploring Indigenous Approaches to Evaluation and Research in the Context of Victim Services and Supports.

Through Indigenous Services Canada, the Government is also committed to ensuring the safety and security of Indigenous women, children, families and 2SLGBTQI+ people by providing funding to support Indigenous-based programs and services for those facing or experiencing gender-based violence.

Justice Canada continues to work in consultation and cooperation with Indigenous partners, other federal government departments, and provinces and territories on the development of an Indigenous Justice Strategy to address the systemic discrimination and overrepresentation of Indigenous people in the justice system.

Recent Budget Investments

Budget 2021 provided $11 million in funding, until March 2024, to support Indigenous-led community engagement, as well as collaboration between Indigenous groups and the government, as first step towards developing an Indigenous Justice Strategy in Canada.

Budget 2023 included $95.8 million over 5 years and $20.4 million ongoing, starting in 2023 to 2024, to support families of missing and murdered Indigenous people and Indigenous victims of crime.

Budget 2024 proposes $25.1 million over 3 years to renew funding for capacity building and engagement throughout the development and initial implementation of the Indigenous Justice Strategy.

Recent Progress

On May 29, 2023, the Department of Justice announced renewed federal funding for Family Information Liaison Units and the Community Support and Healing for Families initiative on an ongoing basis. This renewed federal funding allows work to continue uninterrupted for as long as families and victims need these supports. Moving forward, while the focus will remain on families of MMIWG and 2SLGBTQI+ people, this new funding will permit opportunities to also support families of missing or murdered men and boys. Funding will also support Indigenous-led and co-developed victim services.

On October 25, 2023 an open call for proposals was launched for the Community Support and Healing for Families initiative. The call for proposals closed on December 13, 2023. Recommendations and funding approvals are pending.

Thirty-eight Indigenous governments, communities and organizations continue to engage with their members and citizens on what an Indigenous Justice Strategy should include. These 38 partners worked together and provided Justice Canada with reports on the outcomes of their engagement and recommendations for the Strategy. To complement the Indigenous-led engagements, Justice Canada conducted a first wave of engagement sessions from November 2022 to March 2023, convening over 700 participants from various distinctions and regions. This resulted in a 'What We Learned Report', which was released on September 15, 2023. The second wave of Justice Canada-led engagement, from April to December 2023, consisted of in-person regional sessions and broader virtual gatherings that were held across the country. There were also 14 in-person sessions at 11 federal correctional institutions and section 81 facilities. A second People with Lived Experience What We Learned Report on these engagements are available online.

Next steps

The Government of Canada will continue to:

• build on the success of the Family Information Liaison Units to ensure timely support to families
• support families and survivors through project-based programming and providing community-based, culturally relevant and trauma-informed wellness services

The Government of Canada will also increase access to Indigenous-led or co-developed services and supports for Indigenous victims and survivors of crime, as well as support actions to address the systemic barriers that impact access to justice for Indigenous victims and survivors in the criminal justice system. A Justice Canada call for proposals will be issued in the coming months.

Like the Truth and Reconciliation Commission, the Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls highlighted many findings related to the nature and accessibility of victim services and survivor supports. The Final Report included calls for justice to move forward, informed by the 4 pathways to violence that the commission identified.

The 2021 Missing and Murdered Indigenous Women, Girls, and 2SLGBTQQIA+ People National Action Plan: Ending Violence Against Indigenous Women, Girls, and 2SLGBTQI+ People (National Action Plan) was released in June 2021, including the Federal Pathway, the Government of Canada's contribution to the national action plan.

Justice Canada continues to work with Indigenous partners, other federal government departments, and provinces and territories, on the development of an Indigenous Justice Strategy to address the systemic discrimination and overrepresentation of Indigenous people in the justice system.

As part of the second wave of engagement on the Indigenous Justice Strategy, Justice Canada is working with Indigenous, provincial and territorial partners to coordinate in-person working meetings throughout the fall and winter of 2023.

Background and Current Status

Following the Royal Assent of the United Nations Declaration on the Rights of Indigenous Peoples Act (UN Declaration Act), Justice Canada launched a broad and inclusive consultation and engagement process with Indigenous peoples on the development of an action plan, measures to ensure consistency of federal laws with the UN Declaration and annual reporting process. The first annual report was tabled in Parliament in June 2022, and the second in July 2023. On June 21, 2023, the Government of Canada released the UN Declaration Act Action Plan, in consultation and cooperation with First Nations Inuit and Métis.

In 2021 to 2022, through Fall Economic Statement, Justice Canada's internal capacity was increased to accommodate the growing need of Indigenous communities wanting to address justice issues and support the negotiation of administration of justice agreements through the Recognition of Indigenous Rights and Self-Determination process. As a result, Justice Canada has increased its presence at discussion tables to advance Indigenous communities' administration of justice agreements.

Recent Budget Investments

Under the Missing and Murdered Indigenous Women and Girls Priority, the Fall Economic Statement 2020 supports the continuing work of Justice Canada to engage with Indigenous communities to ensure a greater role for them in administration, enforcement, prosecution and adjudication of their laws arising from the Indian Act, other federal legislation, or based on other sources.

The Fall Economic Statement 2020 also provided Justice Canada internal capacity to support Indigenous communities in addressing justice issues through the negotiation of administration of justice agreements through the Recognition of Indigenous Rights and Self-Determination process. As a result, Justice Canada has increased its presence at discussion tables to advance Indigenous communities' administration of justice agreements.

Budget 2021 provided $31.5 million over 2 years, starting in 2021 to 2022, to support the co-development of the United Nations Declaration on the Rights of Indigenous Peoples Act's Action Plan with Indigenous partners to implement this legislation and to achieve the objectives of the UN Declaration. This process supported Indigenous self-determination and enhanced nation-to-nation, Inuit-Crown and government-to-government relationships.

Budget 2022 provided $37 million in funding over 5 years to support Indigenous governments, organizations, and groups to continue to contribute meaningfully to the implementation of the UN Declaration Act.

Budget 2021 provided $11 million in funding, until March 2024, to support Indigenous-led community engagement, as well as collaboration between Indigenous groups and the government, as a first step towards developing an Indigenous Justice Strategy in Canada.

Recent Progress

On June 21, 2023, the UN Declaration Act Action Plan, developed in consultation and cooperation with First Nations, Inuit and Métis from across Canada, was released. The implementation of the Action Plan and the UN Declaration will contribute to the Government of Canada's continued efforts to break down barriers, combat systemic racism and discrimination, close socio-economic gaps, and promote greater equality and prosperity for Indigenous peoples.

There are 38 Indigenous governments, communities and organizations that continue to engage with their members and citizens on what an Indigenous Justice Strategy should include. To complement the Indigenous-led engagements, Justice Canada conducted a first wave of engagement sessions from November 2022 to March 2023, convening over 700 participants from various distinctions and regions to identify gaps and needs. This resulted in a 'What We Learned Report', which was released on September 15, 2023. The Report informed the next wave of Department-led engagements on the Indigenous Justice Strategy, which was launched on April 11, 2023. This wave includes in-person meetings with Indigenous people who have lived experience in the Canadian justice system.

Next steps

Discussions will continue with Indigenous communities to advance their rights, interests, and needs through final administration of justice agreements through the Recognition of Indigenous Rights and Self-Determination discussion tables.

The 181 measures in the United Nations Declaration on the Rights of Indigenous Peoples Act Action Plan outline the work that Canada will undertake with Indigenous peoples over the next 5 years to advance the implementation of the UN Declaration. Over 25 federal departments and agencies will lead on specific measures falling under their respective mandates and will work closely with Indigenous partners on developing implementation plans, including timelines and metrics.

While the UN Declaration Act imposes obligations only on the federal government and the Action Plan is federal in scope, several Action Plan measures refer specifically to working with provinces and territories, along with Indigenous partners, while others would benefit from federal, provincial and territorial collaboration to advance implementation.

Justice Canada and other departments leading on these measures will engage provincial and territorial partners to ensure successful implementation. Additionally, Justice is moving to establish an Action Plan Advisory Committee, as per action plan shared priority 22.

Funding announced in Budget 2022 to support Indigenous capacity for sustained contributions to the UN Declaration Act and the Action Plan implementation will be allocated equitably to Indigenous governments, organizations, and groups, through the Indigenous Partnership Fund. Funding through the Indigenous Partnership Fund has been allocated for the 2023 to 2024 fiscal year and will continue to be allocated for the 2024 to 2025 fiscal year.

For more information on the implementation of the United Nations Declaration on the Rights of Indigenous Peoples Act and the associated Action Plan, please refer to Calls to Action 43 and 44.

As part of the next phase of engagement on the Indigenous Justice Strategy, a Key Elements Consultation Draft, identifying shared priorities for action, will be released for a period of public validation and targeted consultation with Indigenous governments, communities and organizations, as well as with provinces and territories. A parallel co-development process with key Indigenous partners is also being conducted to review the proposed draft Strategy and co-develop First Nations, Inuit and Métis-specific priorities, with the intent of releasing the final co-developed Strategy in fall 2024.