Justice
Learn how the Government of Canada is responding to the Truth and Reconciliation Commission's Calls to Action 25 to 42.
- Calls to action 25 and 41 are complete.
- Calls to action 42 is based on data provided May 2024.
- Calls to action 26, 30, 33, 34, 35, 36, 37, 38, 39 and 40 are based on data provided October 2025.
- Calls to action 26, 31 and 32 are based on data provided March 2026.
25. We call upon the federal government to establish a written policy that reaffirms the independence of the Royal Canadian Mounted Police to investigate crimes in which the government has its own interest as a potential or real party in civil litigation.
What's happening?
On May 7, 2018, the Government of Canada reaffirmed the independence of the Royal Canadian Mounted Police (RCMP) in the exercise of police powers in criminal investigations in the mandate letter to the RCMP Commissioner. Any directions provided by the minister, pursuant to section 5 of the Royal Canadian Mounted Police Act may not include directions which interfere with the RCMP's criminal investigations. In addition, ministers may not attempt to influence in any way the conduct of specific criminal investigations.
The courts have long confirmed that when carrying out traditional policing duties, such as keeping the peace and investigating crime, police officers are not Crown agents or government functionaries (R. v. Campbell). The existing legal framework, as set out by the Parliament in the Royal Canadian Mounted Police Act and supported by case law, is compatible with that principle.
The Government of Canada recognizes the concerns raised about the RCMP disclosing documents collected during a criminal investigation when the federal Crown is also involved in civil litigation unrelated to the activities of the RCMP and the documents may be relevant to the conduct of the litigation.
However, in matters related to civil litigation against the Crown, the RCMP is part of the Crown and is treated as a federal government institution.
When required by law, the Crown must list all documents that are in its custody, power, possession or control and relevant to the litigation.
In that regard, a protocol entitled Principals to Implement Legal Advice on the Listing and Inspection of Royal Canadian Mounted Police Documents in Civil Litigation sets out the internal procedures to be followed when the RCMP possesses documents from criminal investigation files that may be relevant to civil litigation involving the federal Crown as a party.
The protocol enables the Attorney General of Canada to meet his obligations to list relevant documents, while ensuring that documents that may be privileged or that were gotten pursuant to a confidentiality agreement or a search warrant are adequately protected and dealt with appropriately.
Next steps
This Call to Action is complete.
26. We call upon the federal, provincial, and territorial governments to review and amend their respective statutes of limitations to ensure that they conform to the principle that governments and other entities cannot rely on limitation defences to defend legal actions of historical abuse brought by Aboriginal people.
What's happening?
On January 11, 2019, the Minister of Justice and Attorney General of Canada issued the Directive on Civil Litigation Involving Indigenous Peoples. The Government of Canada continues to rely on the Directive to inform the approach it takes in historical abuse litigation processes.
The directive guides the Government of Canada's legal approaches, positions and decisions taken in civil litigation involving Aboriginal and treaty rights and the Crown's obligation towards Indigenous peoples. Litigation Guideline 14 states that limitations and equitable defences should be pleaded only where there is a principled basis and evidence to support the defence.
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
Justice Canada continues to monitor ongoing implementation of the Directive, including Guideline 14.
27. We call upon the Federation of Law Societies of Canada to ensure that lawyers receive appropriate cultural competency training, which includes the history and legacy of residential schools, the United Nations Declaration on the Rights of Indigenous Peoples, Treaties and Aboriginal rights, Indigenous law, and Aboriginal–Crown relations. This will require skills-based training in intercultural competency, conflict resolution, human rights, and anti-racism.
What's happening?
The Federation of Law Societies of Canada is responsible for the response to Call to Action 27.
28. We call upon law schools in Canada to require all law students to take a course in Aboriginal people and the law, which includes the history and legacy of residential schools, the United Nations Declaration on the Rights of Indigenous Peoples, Treaties and Aboriginal rights, Indigenous law, and Aboriginal–Crown relations. This will require skills-based training in intercultural competency, conflict resolution, human rights, and anti-racism.
What's happening?
Every Canadian law school is responsible for the response to Call to Action 28.
29. We call upon the parties and, in particular, the federal government, to work collaboratively with plaintiffs not included in the Indian Residential Schools Settlement Agreement to have disputed legal issues determined expeditiously on an agreed set of facts.
What's happening?
The Government of Canada has committed to resolving Indigenous Childhood Claims Litigation (Childhood Claims) outside of the courts in a fair, compassionate and respectful manner. This commitment to reconciliation and resolution of claims of this nature has been demonstrated by:
- the settlement of the Anderson litigation (Newfoundland and Labrador Residential Schools) 2016
- the Prime Minister's apology to former students of the Newfoundland and Labrador Residential Schools 2017
- the appointment of James Igloliorte, a former student, as the minister's special representative to lead healing and commemoration in Anderson (2017-2018)
- the Sixties Scoop (Status Indians and Inuit) settlement 2017
- the creation of Sixties Scoop Healing Foundation (2017)
- the McLean settlement (Federal Indian Day Schools) 2018
- the creation of the McLean Day Schools Settlement Corporation (2018)
- the Memorandum of Understanding with the Ile-a-la-Crosse Steering Committee and Métis Nation – Saskatchewan (2019)
- the Gottfriedson (Indian Residential School Day Scholars) settlement approval (2021)
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.
30. We call upon federal, provincial, and territorial governments to commit to eliminating the overrepresentation of Aboriginal people in custody over the next decade, and to issue detailed annual reports that monitor and evaluate progress in doing so.
What's happening?
Background and Current Status
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 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-responsive 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 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.
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-responsive 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 proposed $56.4 million over 5 years and $11.3 million per year ongoing to the Department of Justice for Indigenous Justice Programming. This included 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 proposed $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 included $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. 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 the needs of CSC and its partners, a national call out was launched for funding proposals through the Community Reintegration Fund (CRF). The CRF provides contributions and contracts to Indigenous communities and organizations to deliver cultural services that support the reintegration of federally incarcerated Indigenous persons. These services aim to reduce recidivism and address the overrepresentation of Indigenous people in federal custody. Funded initiatives include support for gang disaffiliation, Fetal Alcohol Spectrum Disorder (FASD), release and post-incarceration support, reintegration of Indigenous women, and workforce entry through mentorship and Elder support. Full utilization of CRF funding is anticipated for the 2025 to 2026 fiscal year.
The CRF includes 2 contractual fees for service streams: Urban Transition Support (UTS) and Home Community Reintegration (HCR). UTS focuses on helping Indigenous individuals transition from correctional facilities to urban communities, while HCR strengthens connections between Indigenous communities and CSC to support reintegration into home communities. As of March 2025, 16 UTS and HCR contracts are active across Canada.
Also under the CRF, the Indigenous Offender Reintegration Contribution Program (IOR-CP) supports capacity-building and project development for implementation by eligible recipients. Its objective is to enhance reintegration efforts by strengthening community partnerships, increasing engagement, and raising awareness of CSC programs. As of March 2025, 21 Contribution Agreements are active across the Atlantic, Quebec, Ontario, Prairie, and Pacific regions, with full funding utilization expected for 2025 to 2026.
In March 2024, the Executive Committee (EXCOM) endorsed regional and national discussions to improve the procurement model for Elder services. This includes reviewing expenditures from fiscal year 2024 to 2025, establishing internal centres of expertise for Elder contracting and payment, evaluating challenges and best practices in using third-party contracts, and assessing future resource needs. A review of regional governance structures supporting Elders and Spiritual Advisors is underway to inform this process. An Elder Coding Guide was developed to support financial reviews, and the DCIC continues to lead an interdepartmental working group focused on improving Elder and Spiritual Advisor engagement across the federal government.
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 Framework (ICAF) report is publicly available and has been adapted to ensure accessibility for all Canadians. In addition to the ICAF, the Indigenous Initiatives Sector (IIS) gathers data each quarter from regions based on indicators outlined in the Departmental Results Report and the National Indigenous Plan. Regions also provide updates on contribution agreements and partnerships. IIS compiles this information into a single document and produces a placemat summarizing the key indicators, which is then shared with all regions. Feedback from regional partners indicates that this document is well received and contributes to CSC's ongoing efforts to address systemic racism, discrimination, and the overrepresentation of Indigenous Peoples in the criminal justice system.
The CSC research team recently conducted studies on Section 81 facilities and CSC Healing Lodges. The reports found that residents in these settings were more likely to complete correctional programs, participate in Escorted and Unescorted Temporary Absences, and achieve better outcomes than those in mainstream institutions. Participants also demonstrated higher levels of accountability, motivation, and engagement. These facilities offer culturally responsive approaches tailored to the needs of federally incarcerated Indigenous persons.
In support of this work, IIS collaborated with CSC's research branch and other departments to develop processes for Indigenous community consultations. This led to the creation of the Indigenous Research Circle, which presented to the National Indigenous Advisory Committee (NIAC) in March 2024. Research findings on Section 81 facilities, CSC Healing Lodges, and Section 84 releases were also shared with the NIAC. The Evaluations team also engaged with the National Elders Working Group (NEWG) to discuss ongoing research and seek guidance on the development of an Indigenous Research Advisory Circle.
To further advance this work, CSC developed a Strategic Plan to Expand the Use of Section 81 Agreements with Indigenous groups and governing bodies. Approved by the EXCOM and implemented in December 2023, the plan supports the transfer of federally incarcerated Indigenous individuals to the care and custody of Indigenous communities at any point during their sentence, with the agreement of all parties. These facilities may also supervise individuals on day parole, full parole, or statutory release.
Current efforts focus on enhancing the use of existing Section 81 Agreements by:
- addressing barriers to full utilization
- expanding agreements, particularly in underserved regions
- strengthening engagement with Indigenous partners and across government to fulfill the full legislative intent of Section 81 of the CCRA
The Section 81 Strategic Action Plan reflects CSC's and the federal government's commitment to Indigenous reconciliation, grounded in nation-to-nation, government-to-government, and Inuit-Crown relationships. In the current fiscal year, CSC has strengthened the transfer process to support movement to Section 81 beds, explored legislative and policy changes to enhance partnerships, and worked to improve understanding of programming offered at Healing Lodges in support of correctional plan objectives. Discussions are ongoing with Indigenous communities in Nova Scotia, Ontario, and British Columbia regarding new Section 81 opportunities.
To support full utilization of Healing Lodge capacity, CSC has implemented monthly tracking on bed use. In collaboration with all Healing Lodge partners, CSC has also compiled a document outlining the programs delivered at these facilities to better understand their impact on offenders' needs. Additionally, CSC is developing a Culturally Responsive Indigenous Interventions Guide, in consultation with Elders and Spiritual Advisors, to assist Case Management in documenting progress made through cultural and spiritual interventions.
As part of the whole-of-government commitment to advancing Indigenous engagement in the administration of justice, IIS continues to participate in collaborative work planning with several National Indigenous Organizations (NIOs), including the Assembly of First Nations Justice Roundtable, the Congress of Aboriginal Peoples Justice Working Group, and the Métis Nation Justice and Policing Work Group. Through these platforms, IIS shares information on Section 81 and Section 84 processes, collaborates on integrated approaches to restorative justice, and supports discussions on the role of CSC Elders and the challenges posed by Security Threat Groups in corrections and reintegration. These engagements aim to encourage NIO participation in potential Section 81 Agreements and promote Section 84 releases.
IIS has completed its review of Commissioner's Directive 702: Indigenous Offenders and has shared the revised policy for consultation, with the goal of implementation in 2025. The updated directive includes guidance on the role of Elders and how CSC is to support Elders and Spiritual Advisors. It also outlines expectations for documenting progress made through cultural interventions and provides clearer direction on incorporating Indigenous Social History into decision-making processes.
CSC currently contracts approximately 174 Elders and Spiritual Advisors to provide spiritual guidance, counselling, ceremonies, and teachings to interested First Nations, Inuit, and Métis individuals in federal custody, supporting their successful reintegration into the community. In March 2024, EXCOM endorsed regional and national discussions to improve the procurement model for Elder services. These efforts include reviewing expenditures for fiscal year 2024 to 2025, establishing internal centres of expertise for Elder contracting and payment, identifying challenges and best practices in using third-party contracts, and assessing additional resource needs.
A review of regional governance structures that support Elders and Spiritual Advisors is underway to inform the development of these centres and improve procurement processes. To support financial oversight, an Elder Coding Guide was created to facilitate the review of expenditures for the current fiscal year. The DCIC continues to lead an interdepartmental working group focused on enhancing Elder and Spiritual Advisor engagement across the federal government.
In collaboration with the Deputy Minister of Indigenous Services Canada (ISC), the DCIC also established an intergovernmental working group to address systemic barriers to Elder engagement and improve the government's ability to support and respect cultural protocols. Ongoing meetings aim to strengthen CSC's relationship with ISC, share relevant information, and identify opportunities for collaboration.
The 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 developed a workplan focused on Elder recruitment, support services, and relationship-building. The next NEWG meeting is scheduled for Fall 2025 in Edmonton, Alberta.
Throughout 2024 to 2025, the NEWG met 3 times, providing opportunities for consultation on initiatives such as the modernization of the Offender Management System, policy development, the Indigenous Justice Strategy, the Indigenous Health and Wellness Action Plan, and the Health Accreditation Cultural Safety and Anti-Racism Standard. The Evaluations team also engaged with the group to discuss ongoing research and seek guidance on the development of an Indigenous Research Advisory Circle.
CSC has also consulted with Elders and Spiritual Advisors on the development of a cultural interventions resource guide to assist case management teams in understanding the impact of cultural and spiritual practices on offender needs and correctional plan goals. Additionally, IIS collaborated with the Correctional Operations and Programs Sector (COP) to create an Elder Review Bring Forward (BF) tool, designed to support timely completion of Elder Reviews in alignment with policy requirements.
Pathways units were established in federal institutions to provide federally incarcerated Indigenous individuals with opportunities to follow a traditional healing path, engage in culturally responsive environments, access Elders and Spiritual Advisors, and participate in ceremonies. These units also support progress in Healing or Correctional Plans and facilitate transfers to lower-security institutions or Healing Lodges.
CSC launched the Pathways Initiative in 2002 with 3 units, expanding to 7 by 2006. Today, there are 27 Pathways Initiatives across all security levels, serving both men and women. In March 2025, CSC finalized and published the Pathways Guidelines and National Handbook, offering updated guidance on the Elder-driven model. Reviews have been completed for nearly all Pathways Initiatives nationwide to ensure they remain Elder-guided and focused on healing. Quarterly Pathways Indicator Reports have been introduced to provide regions with regular updates on performance and operations, enabling monitoring and timely corrective actions throughout the fiscal year.
In March 2024, Regional Deputy Commissioners completed a review of all Pathways participants and submitted their findings to the DCIC. Ongoing discussions continue to ensure each participant has a clear plan for transitioning out of Pathways, including movement to lower security settings or Healing Lodges and preparation for release.
Under the National Indigenous Plan, CSC began implementing Indigenous Intervention Centres (IICs) in 2018. IICs offer a targeted case management model designed to support Indigenous individuals serving shorter sentences by coordinating interventions that prepare them for conditional release at the earliest eligibility. Following an audit of the IICs, CSC developed a Management Action Plan to address identified issues and recommendations, and work is ongoing to complete the plan.
A final draft of the IIC Handbook has been shared for consultation, with the goal of finalizing and publishing it to guide continued implementation. Strengthened governance, along with clearer roles, responsibilities, and objectives, will help ensure consistent results. IIS monitors IIC outcomes quarterly through the Quarterly Results Report, which is shared with Regional Deputy Commissioners to inform decision-making and support the approach.
CSC continues to explore innovative strategies to enhance reintegration support for federally incarcerated Indigenous individuals. These efforts include initiatives that address social determinants of health, such as housing and employment, as well as culturally responsive programming tailored to the unique needs of Indigenous communities. CSC's IIS provided support to Public Safety for the delivery of the Indigenous Community Corrections Initiative.
CSC is also actively engaging with Indigenous organizations and communities to co-develop and deliver programs that promote healing, reconciliation, and successful 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.
CSC continues to prioritize key departmental initiatives especially the Sections 81 and 84 of the Corrections and Conditional Release Act (CCRA) which remain central. CSC has developed a strategic action plan titled Barriers and Opportunities to Expanding the Uses of Sections 81 and 84 of the CCRA, which was approved and implemented in December 2023.
CSC will also continue working with Indigenous communities and stakeholders to develop initiatives that support Elders and Spiritual Advisors. This includes ongoing policy review through the DCIC-led intergovernmental working group and collaboration with the NEWG.
31. We call upon the federal, provincial, and territorial governments to provide sufficient and stable funding to implement and evaluate community sanctions that will provide realistic alternatives to imprisonment for Aboriginal offenders and respond to the underlying causes of offending.
What's happening?
The Indigenous Justice Program (IJP) supports more than 211 Indigenous-led community-based justice programs in partnership with the provinces and territories. Funded programs provide alternatives to the mainstream justice system, including prison.
These programs are developed by Indigenous communities for Indigenous Peoples. They work to address the root causes of offending and deliver programming that reflects the justice values, traditions and culture of their community. Programs use restorative justice and traditional Indigenous justice processes that focus on repairing harm and bringing together victim, offender and community.
The IJP received a permanent mandate in 2017. This allowed the program to enter into long-term funding agreements with Indigenous community-based programs to provide them much needed stability. Investments in Budget 2021 and Budget 2024 increased the IJP ongoing budget of $27.1 million annually.
Funding under the Indigenous Courtwork Program (ICW) supports criminal and family courtwork services, as well as the development and delivery of Gladue reports. The ICW has received multiple enhancements since its inception in 1978, most recently in 2016 to sustain Courtworker activities, in 2020 for Gladue reports and in 2021 for family courtwork services. Activities funded under the ICW support judges in understanding the historical, underlying causes of the offence, and provide information on local, culturally-relevant alternatives to incarceration, ultimately supporting the implementation of more effective sanctions for Indigenous offenders.
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.
The State of the Criminal Justice System performance monitoring framework includes an outcome that measures the extent to which the criminal justice system promotes and supports diversion to community-based resolutions.
Ensuring victims, survivors, accused, offenders and families have multiple community-based and culturally based options available to address crime is a core outcome of the criminal justice system. This outcome is measured by a decreased use of incarceration, an increase in diversion to restorative justice processes and referrals to community-based Indigenous justice programs.
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 community justice programs offer culturally appropriate alternatives to the mainstream criminal justice system and contribute to addressing the overrepresentation of Indigenous people in the criminal justice system, as victims, accused and offenders. 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
To continue improving access to justice for Indigenous people and addressing systemic barriers Budget 2024 resulted in $56.4 million over 5 years and $11.3 million per year ongoing to the Department of Justice Canada for Indigenous Justice programming and Indigenous Courtwork Program funding. For IJP, $14.5 million over 5 years and $2.9 million of ongoing funding is included for civil and family mediation programing, $20.7 million over 5 years and $4.1 million ongoing to support program integrity to stabilize service delivery, and $6.25 million over 5 years and $1.25 million on-going for capacity-building projects. The ICW received $15 million over 5 years and $3 million on-going for the development and delivery of Indigenous family courtwork services.
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 navigating the family, child protection, and criminal justice processes, and facilitate client access to community resources.
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 people in the criminal justice 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. And lastly, $10 million over 5 years through the Indigenous Justice Program for projects focused on implementing Gladue Principles into the mainstream criminal justice system.
Recent progress
Three-year investments from Budget 2021 for IJP Program Integrity and Civil and Family Mediation and for ICW family courtwork ended on March 31, 2024. Budget 2024 resulted in $56.4 million over 5 years and $11.3 million per year ongoing to the Department of Justice to renew Budget 2021 funding for the Indigenous Justice Program Civil and Family Mediation, program integrity, capacity-building funding and programming. It also provides the Indigenous Courtwork Program with ongoing funding for the development and delivery of Indigenous family courtwork services.
The IJP and the ICW will continue to work with Indigenous recipients, provinces and territories to deliver the new investments.
The Indigenous Justice Strategy was released on March 10, 2025. It provides a vision and priority actions to guide collaboration between federal, provincial and territorial governments and Indigenous peoples to address systemic discrimination and overrepresentation of Indigenous people in the justice system. The Strategy speaks to the need for long-term and predictable funding to support this goal. Priority Action 7 reads: "In consultation and cooperation with First Nations, Inuit, Métis and (where applicable) in collaboration with provinces and territories, undertake a distinctions-based, regionally focused needs assessment and costing analysis to identify gaps in existing justice services for future service and program funding", and Priority Action 8 reads: "In consultation and cooperation with First Nations, Inuit and Métis and (where applicable) in partnership with provinces and territories, seek to explore options to expand existing justice programs and initiatives (or facilitate the creation of new programs and initiatives) that are designed and delivered by First Nations, Inuit and Métis. It also contributes to implementing the United Nations Declaration on the Rights of Indigenous Peoples Act, specifically Action Plan Shared Priority Measure 28.
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.
Over the next 2 years, Justice Canada will take a phased approach to early implementation of the Indigenous Justice Strategy, by utilizing existing trilateral collaborative tables and processes with Indigenous partners, provinces, and territories.
32. We call upon the federal government to amend the Criminal Code to allow trial judges, upon giving reasons, to depart from mandatory minimum sentences and restrictions on the use of conditional sentences.
What's happening?
The Government of Canada recognizes that there is a need to address the systemic issues related to existing sentencing policies and is committed to ensuring that responses to criminal conduct are fair and effective while maintaining public safety.
The Government of Canada has heard from the public, courts and criminal justice experts and seen evidence on the impact of mandatory sentencing policies on Indigenous peoples, Black Canadians and members of other marginalized communities. This includes Justice Canada research on Criminal Code and Controlled Drugs and Substances Act offences subject to mandatory minimum penalties of imprisonment and their impact on Indigenous peoples, Black Canadians and members of marginalized communities.
The Federal Pathway to Address Missing and Murdered Indigenous Women, Girls and 2SLGBTQI+ People affirms that the federal government will increase the number of prosecutors, administrators, Crown Witness Coordinators and paralegals in the territories to support victims of violence.
Justice Canada has conducted a number of research studies on offences subjected to mandatory minimum penalties, as well as on their impacts on Indigenous Peoples.
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 progress
The Indigenous Justice Strategy was released on March 10, 2025. It sets out a vision and priority areas for work going forward by Canada with Indigenous peoples, provinces, and territories to ensure positive and lasting change in the Canadian justice system. Priority Action 25 is to "consult and cooperate with First Nations, Inuit and Métis on potential legislative options to create, review or amend legislation to address systemic discrimination against and overrepresentation of Indigenous people in the Canadian justice system". It also contributes to implementing the United Nations Declaration on the Rights of Indigenous Peoples Act, specifically Action Plan Shared Priority Measure 28.
Next steps
Continued effective implementation of an Act to amend the Criminal Code and the Controlled Drugs and Substances Act, and examination of sentencing laws and their impacts, including on the over incarceration of Indigenous persons.
In the Federal Pathway to Address Missing and Murdered Indigenous Women, Girls and 2SLGBTQQIA+ People, 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 and reduce the risk of future harm.
Over the next 2 years, Justice Canada will take a phased approach to early implementation of the Indigenous Justice Strategy, by utilizing existing trilateral collaborative tables and processes with Indigenous partners, provinces, and territories.
33. We call upon the federal, provincial and territorial governments to recognize as a high priority the need to address and prevent Fetal Alcohol Spectrum Disorder (FASD), and to develop, in collaboration with Aboriginal people, FASD preventive programs that can be delivered in a culturally appropriate manner.
What's happening?
Before fiscal year 2017 to 2018, the Government of Canada had been investing $14.2 million annually and ongoing through Indigenous Services Canada's Fetal Alcohol Spectrum Disorder (FASD) program to support First Nations and Inuit communities to prevent FASD and improve the quality of life of those affected by the disorder.
The Government of Canada promotes healthy pregnancies, including FASD awareness and prevention, through supportive policy and programs by:
- supporting evidence-based policy and guidance for health practitioners and the general public on prenatal issues
- investing in community-based programs to promote the health of pregnant people, young children and families facing barriers to health equity
Recent budget investments
Budget 2017 invested an additional $10.5 million over 5 years, with $3.7 million ongoing to expand mentoring and community coordinator projects. As a result of this increased funding, Indigenous Services Canada invests $17.9 million annually on an ongoing basis since 2022 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
Through the FASD National Strategic Projects Fund (NSPF), the Public Health Agency of Canada (PHAC) is currently providing $178,752 to Canada Fetal Alcohol Spectrum Disorder Research Network from February 2024 to March 2026 to design and pilot an online FASD training course tailored to the needs identified by Community Action Program for Children and Canada Prenatal Nutrition Program front-line workers. The training will promote capacity building and increase FASD knowledge and skills of front-line program staff supporting children and families in vulnerable situations dealing with challenges related to FASD.
PHAC is also providing $478,408 through the NSPF to Fetal Alcohol Spectrum Disorder Newfoundland and Labrador Network from May 2021 to March 2026 to develop messaging and resources for the general public, as well as for health and allied health professionals, deliver virtual FASD training sessions for justice professionals, and increase collaborative action and networking amongst diverse stakeholders related to FASD prevention, awareness, and capacity building.
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 community actions to prevent Fetal Alcohol Spectrum Disorder births and enhances the quality of life of those affected by the disorder.
In 2019 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 also provided more than $1 million over 5 years (2019 to 2024) to the Centre for Addiction and Mental Health. This funding helped complete a pilot project to modify, culturally adapt, translate, deliver and evaluate the effectiveness of the National Organization on Fetal Alcohol Syndrome's school-based FASD Education and Prevention Curriculum in select Ontario schools to children and youth (12 to 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.
PHAC is working to identify opportunities to strengthen Canada's approach to addressing and preventing FASD, including with Indigenous communities.
34. We call upon the governments of Canada, the provinces and territories to undertake reforms to the criminal justice system to better address the needs of offenders with Fetal Alcohol Spectrum Disorder (FASD), including:
- Providing increased community resources and powers for courts to ensure that FASD is properly diagnosed, and that appropriate community supports are in place for those with FASD.
- Enacting statutory exemptions from mandatory minimum sentences of imprisonment for offenders affected by FASD.
- Providing community, correctional, and parole resources to maximize the ability of people with FASD to live in the community.
- Adopting appropriate evaluation mechanisms to measure the effectiveness of such programs and ensure community safety.
What's happening?
Justice Canada's discussions with other government departments, non-governmental organizations and others for opportunities to collaborate are ongoing.
Justice Canada's federal, provincial and territorial discussions regarding sentencing-related issues are ongoing. This work is aligned with the same efforts as those for Call to Action 32.
To respond to some knowledge gaps in the area of Fetal Alcohol Spectrum Disorder (FASD) and criminal justice, Justice Canada has published the following research reports:
- FASD and TRC Call to Action 34.4: A Consideration of Evaluation Methods: examining evaluation mechanisms and promising practices to assess what mechanisms would be appropriate to evaluate other or future Fetal Alcohol Spectrum Disorder programs in the criminal justice system
- Exploring the Use of Restorative Justice Practices with Adult Offenders with Fetal Alcohol Spectrum Disorder: examination of restorative justice practices that are used with adults involved in the criminal justice system who are diagnosed with or suspected of having Fetal Alcohol Spectrum Disorder
- Professional Practices in FASD Among International Forensic Mental Health Clinicians: evaluating the professional practices of forensic mental health clinicians regarding FASD, who provide services to clients with FASD, with the overall goal of informing best practices and identifying needs for the development of potential training, tools, and resources
Justice Canada continues to fund the provincial and territorial governments and community-based organizations to build capacity and increase support for youth with FASD in the criminal justice system.
Background and current status
On November 17, 2022, 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 progress
The Indigenous Justice Strategy was released on March 10, 2025. It sets out a vision and priority areas for work going forward by Canada with Indigenous peoples, provinces, and territories to ensure positive and lasting change in the Canadian justice system. It also contributes to implementing the United Nations Declaration on the Rights of Indigenous Peoples Act, specifically Action Plan Shared Priority Measure 28.
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
In the short term, the release of the Indigenous Justice Strategy and the continued work with Indigenous peoples, provinces and territories, are essential actions to foster a more systemic, coordinated, whole-of-government approach to address the urgent crisis of Indigenous overrepresentation, improve community safety and support the revitalization of Indigenous laws and legal orders. Under the "Justice as Wellness" heading, Priority Action 9 reads "Work with and where possible, support First Nations, Inuit and Métis, and work with provinces and territories, to research, develop and expand use of distinctions-based, culturally safe and appropriate programming to support First Nations, Inuit and Métis processes that promote rehabilitation, reintegration and healing."
35. We call upon the federal government to eliminate barriers to the creation of additional Aboriginal healing lodges within the federal correctional system.
What's happening?
The Correctional Service of Canada (CSC) is directly responsible for the creation of additional Indigenous healing lodges, or establishing Section 81 agreements and funding arrangements with Indigenous groups and governing bodies, within the federal correctional system.
Section 81 of the Corrections and Conditional Release Act (CCRA) states:
Agreements
- 81 (1) The Minister, or a person authorized by the Minister, may enter into an agreement with an Indigenous governing body or any Indigenous organization for the provision of correctional services to Indigenous offenders and for payment by the Minister, or by a person authorized by the Minister, in respect of the provision of those services.
- (3) In accordance with any agreement entered into under subsection (1), the Commissioner may transfer an offender to the care and custody of an appropriate Indigenous authority, with the consent of the offender and of the appropriate Indigenous authority.
In 2022 to 2023, CSC identified and analyzed barriers in the creation of healing lodges, and developed a strategic action plan: Section 81 of the (CCRA) – A Plan to Expand its Use and Accelerate the Timely Release of Indigenous Federally Incarcerated Individuals.
Through the Action Plan, CSC is encouraging collaboration across government departments and agencies, and with Indigenous governing bodies, organizations, and partners. This is to support the rehabilitation of Indigenous offenders and ensure they are provided the tools and services they need to successfully reintegrate into the community.
The Action Plan focuses on the following priorities:
- enhance the use of existing Section 81 Agreements by addressing barriers to full utilization
- expand the use of Section 81 of the CCRA through new agreements, particularly in under-served geographies
- enhance engagement with Indigenous partners and the whole of government to ensure the use of Section 81 of the CCRA to its full legislative intent
CSC is reviewing statements of interest from Indigenous groups and communities from across Canada. The National Indigenous Advisory Committee (NIAC) will continue to be consulted to ensure future negotiations and agreements are informed by the experiences of Indigenous people and survivors and to identify and eliminate barriers to full capacity use at healing lodges within the federal correctional system.
Recent Budget Investments
Funding 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 published a report titled "A Call To Action: Reconciliation With Indigenous Women In The Federal Justice And Correctional Systems." The report contained 96 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. Five of these recommendations 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 process 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 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 (EXCOM) 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:
- Healing Lodge residents (both male and female) participated significantly more in personal and spiritual development prior to their release
- Healing Lodge residents were more likely to complete correctional programs, participated in more Escorted and Unescorted Temporary Absences, and had better outcomes than institutional offenders
- Healing Lodge residents were rated higher in accountability, motivation, and engagement
To further advance this work, CSC developed a Strategic Plan to Expand the Use of Section 81 Agreements with Indigenous groups and governing bodies. Approved by the EXCOM and implemented in December 2023, the plan supports the transfer of federally incarcerated Indigenous individuals to the care and custody of Indigenous communities at any point during their sentence, with the agreement of all parties. These facilities may also supervise individuals on day parole, full parole, or statutory release.
Current efforts focus on enhancing the use of existing Section 81 Agreements by addressing barriers to full utilization; expanding agreements, particularly in underserved regions; and strengthening engagement with Indigenous partners and across government to fulfill the full legislative intent of Section 81 of the CCRA.
The Section 81 Strategic Action Plan reflects CSC's and the federal government's commitment to Indigenous reconciliation, grounded in nation-to-nation, government-to-government, and Inuit-Crown relationships. In the current fiscal year, CSC has strengthened the transfer process to support movement to Section 81 beds, explored legislative and policy changes to enhance partnerships, and worked to improve understanding of programming offered at Healing Lodges in support of correctional plan objectives. Discussions are ongoing with Indigenous communities in Nova Scotia, Ontario, and British Columbia regarding new Section 81 opportunities.
To support full utilization of Healing Lodge capacity, CSC has implemented monthly tracking on bed use. In collaboration with all Healing Lodge partners, CSC has also compiled a document outlining the programs delivered at these facilities to better understand their impact on offenders' needs. Additionally, CSC is developing a Culturally Responsive Indigenous Interventions Guide, in consultation with Elders and Spiritual Advisors, to assist Case Management in documenting progress made through cultural and spiritual interventions.
There are currently 6 Section 81 agreements set in place with Indigenous communities. In 2024 to 2025, 4 Section 81 agreements were renewed, promoting a continuous partnership with the Indigenous community. CSC has been in discussions with Indigenous communities in Nova Scotia, Ontario and British Columbia who are exploring Section 81 opportunities.
Monthly tracking of Healing Lodge bed use has been implemented to support maximum utilization of available beds. CSC has worked with all Healing Lodge partners to outline programs delivered at these facilities into a document which is being used to increase CSC's understanding of the impact these programs have on an offender's need areas. CSC is also developing a Culturally Responsive Indigenous Interventions Guide, in consultation with Elders and Spiritual Advisors, to assist Case Management in documenting progress made through cultural and spiritual interventions.
The Pacific Region is actively exploring Section 81 agreements with local Indigenous communities and organizations, and just recently signed an agreement with an Indigenous organization through the Indigenous Offender Reintegration Contribution Program (IOR-CP) to conduct a Section 81 Feasibility Study. 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 alternative approaches to incarceration and reintegration 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 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 was approved by the EXCOM and implemented in December 2023. The plan supports the transfer of federally incarcerated Indigenous individuals to the care and custody of Indigenous communities at any point during their sentence, with the agreement of all parties. These facilities may also supervise individuals on day parole, full parole, or statutory release.
Current efforts focus on enhancing the use of existing Section 81 Agreements by addressing barriers to full utilization; expanding agreements, particularly in underserved regions; and strengthening engagement with Indigenous partners and across government to fulfill the full legislative intent of Section 81 of the CCRA.
The Section 81 Strategic Action Plan reflects CSC's and the federal government's commitment to Indigenous reconciliation, grounded in nation-to-nation, government-to-government, and Inuit-Crown relationships. In the current fiscal year, CSC has strengthened the transfer process to support movement to Section 81 beds, explored legislative and policy changes to enhance partnerships, and worked to improve understanding of programming offered at Healing Lodges in support of correctional plan objectives. Discussions are ongoing with Indigenous communities in Nova Scotia, Ontario, and British Columbia regarding new Section 81 opportunities.
36. We call upon the federal, provincial, and territorial governments to work with Aboriginal communities to provide culturally relevant services to inmates on issues such as substance abuse, family and domestic violence, and overcoming the experience of having been sexually abused.
What's happening?
Principle 4(g) of the Corrections and Conditional Release Act (CCRA) stipulates that correctional policies, programs and practices respect and are responsive to, among other identities and groups, the needs of Indigenous Peoples.
The Correctional Service of Canada (CSC) recognizes the overrepresentation of Indigenous Peoples in the correctional system, and the intergenerational impacts of colonialism. The CSC is committed to continued collaboration with and meaningful engagement of Indigenous communities and stakeholders in providing culturally responsive interventions to target the factors that contribute to criminality, such as substance abuse, family violence, and histories of victimization.
In consultation with Indigenous stakeholders, CSC has developed several programs.
The Indigenous Continuum of Care ensures culturally responsive programs and interventions are available to Indigenous offenders that target:
- violence prevention
- family violence prevention
- sexual offending
- substance abuse
The continuum recognizes that Indigenous communities must be involved in supporting offenders during their healing journey and community reintegration.
The Anijaarniq Holistic Inuit Strategy
Created in 2013, the strategy recognizes that federally incarcerated Inuit have specific cultural and spiritual needs based on:
- a unique social history
- geography
- ceremony
- language
It is based on 4 main principles that speak to the importance of housing and supervising Inuit offenders in their home communities. It involves northern communities and Inuit stakeholders in addressing the needs of the Inuit offender to support successful reintegration.
Pathways
An institutional, Elder-driven healing initiative based on the Indigenous Medicine Wheel. Pathways units are for inmates who are motivated and committed to follow a traditional healing path, with the intention that they will maintain their healing journey in the community. Pathways inmates regularly participate in counselling and ceremony consistent with traditional values and beliefs. Their involvement prepares them for lower levels of security, and community reintegration.
Indigenous Intervention Centres
An institutional case management designed to meet the needs of Indigenous offenders, through an integrated and culturally responsive approach to case management. Located at all women's multi-level institutions and a number of men's medium-security institutions across the country, Indigenous Intervention Centres (IICs) are characterized by Indigenous resources including Elder support, specialized staff, and Pathways Initiatives.
Indigenous Integrated Correctional Program Model
This model was developed with Indigenous stakeholders and delivered by Indigenous Correctional Program Officers with Elder or Spiritual Advisor involvement. Working with Elders and Spiritual Advisors provides an opportunity for Indigenous offenders to understand themselves as Indigenous Peoples, their Indigenous social history and its impacts, and the historical and intergenerational traumas that contribute to substance use, violence, and other offending behaviours.
Main objectives are to teach life skills in a culturally-appropriate context, and from an Indigenous cultural lens, while incorporating Elder involvement and ceremony. These include:
- goal-setting
- problem-solving
- interpersonal and communication skills
- coping
- arousal reduction strategies
- self-management
The Inuit Integrated Correctional Program
Developed with Inuit stakeholders developed for male Inuit offenders. The program addresses risk factors through several program stages, including sex offender components (as necessary). Inuit traditional values are layered throughout the program, including the Ten Inuit Makitautingit/Inuksuk Teachings, and traditional Inuit learning and ceremony. The Inuit Integrated Correctional Program (IICP) helps participants continue a Healing Journey path which honours tradition, courage, resiliency, and strength, with culture as the foundation for growth and commitment to change.
The Indigenous Women Offender Correctional Program
The program involves motivational engagement of high and moderate intensity that are grounded in culture, Elder-assisted, gender-responsive, trauma-informed, and holistic. It is based on the 5 guiding principles of the Creating Choices: The Report of the Task Force on Federally Sentenced Women:
- empowerment
- meaningful and responsible choices
- respect and dignity
- supportive environment
- shared responsibility
The Indigenous Women Offender Correctional Program (I-WOCP) includes a program continuum referred to as the Circle of Care.
Community Reintegration Fund
To meet the needs of CSC and its partners, a National Call Out was launched for funding proposals through the Community Reintegration Fund (CRF). The CRF provides contributions and contracts to Indigenous communities and organizations to deliver cultural services that support the reintegration of federally incarcerated Indigenous persons. These services aim to reduce recidivism and address the overrepresentation of Indigenous people in federal custody. Funded initiatives include support for gang disaffiliation, Fetal Alcohol Spectrum Disorder (FASD), release and post-incarceration support, reintegration of Indigenous women, and workforce entry through mentorship and Elder support. Full utilization of CRF funding is anticipated for the 2025 to 2026 fiscal year.
The CRF includes 2 contractual fees for services streams: Urban Transition Support (UTS) and Home Community Reintegration (HCR). UTS focuses on helping Indigenous individuals transition from correctional facilities to urban communities, while HCR strengthens connections between Indigenous communities and CSC to support reintegration into home communities. As of March 2025, 16 UTS and HCR contracts are active across Canada.
Also, under the CRF, the Indigenous Offender Reintegration Contribution Program (IOR-CP) supports capacity-building and project development for implementation by eligible recipients. Its objective is to enhance reintegration efforts by strengthening community partnerships, increasing engagement, and raising awareness of CSC programs. As of March 2025, 21 Contribution Agreements are active across the Atlantic, Quebec, Ontario, Prairie, and Pacific regions, with full funding utilization expected for 2025 to 2026.
For additional information about CSC correctional programs, consult Working with offenders.
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 CRF to reduce Indigenous overrepresentation in the criminal justice system. This is done by supporting alternative approaches to incarceration and the reintegration of Indigenous offenders, through community-based and culturally-responsive initiatives.
To meet the needs of CSC and its partners, a National Call Out was launched for funding proposals through the CRF. The CRF provides contributions and contracts to Indigenous communities and organizations to deliver cultural services that support the reintegration of federally incarcerated Indigenous persons. These services aim to reduce recidivism and address the overrepresentation of Indigenous people in federal custody. Funded initiatives include support for gang disaffiliation, FASD, release and post-incarceration support, reintegration of Indigenous women, and workforce entry through mentorship and Elder support. Full utilization of CRF funding is anticipated for the 2025 to 2026 fiscal year.
The CRF includes 2 funding streams: UTS and HCR. UTS focuses on helping Indigenous individuals transition from correctional facilities to urban communities, while HCR strengthens connections between remote Indigenous communities and CSC to support reintegration into home communities. As of May 2025, 4 UTS contracts are active across the Prairie, Atlantic, and Ontario regions, and 15 HCR contracts are in place across the Prairie, Pacific, Atlantic, Ontario, and Quebec regions.
Also, under the CRF, the IOR-CP supports capacity-building and project development for eligible recipients. Its objective is to enhance reintegration efforts by strengthening community partnerships, increasing engagement, and raising awareness of CSC programs. As of May 2025, 7 amended Contribution Agreements are active across the Atlantic, Quebec, Ontario, Prairie, and Pacific regions, with full funding utilization expected for 2025 to 2026.
In March 2024, the Executive Committee (EXCOM) endorsed regional and national discussions to improve the procurement model for Elder services. This includes reviewing expenditures from fiscal year 2024 to 2025, establishing internal centres of expertise for Elder contracting and payment, evaluating challenges and best practices in using third-party contracts, and assessing future resource needs. A review of regional governance structures supporting Elders and Spiritual Advisors is underway to inform this process. An Elder Coding Guide was developed to support financial reviews, and the Deputy Commissioner for Indigenous Corrections (DCIC) continues to lead an interdepartmental working group focused on improving Elder and Spiritual Advisor engagement across the federal government.
Recent progress
CSC is committed to enhancing culturally-responsive 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.
As of May 2025, CSC is supporting a total of 19 contracts through the CRF for fiscal year 2025 to 2026. This includes 4 contracts under the UTS stream in the Prairie, Atlantic, and Ontario regions, and 15 contracts under the HCR stream in the Prairie, Pacific, Atlantic, Ontario, and Quebec regions. The combined value of these contracts is approximately $1,440,640.
Additionally, 7 amending Contribution Agreements are being supported through the IOR-CP across the Atlantic, Quebec, Ontario, Prairie, and Pacific regions, totaling more than $873,845. These agreements fund the delivery of cultural services that support the reintegration of federally incarcerated Indigenous persons, while addressing recidivism and the overrepresentation of Indigenous people in federal custody. Full utilization of the allocated IOR-CP funding is anticipated for 2025 to 2026.
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.
The 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 developed a workplan focused on Elder recruitment, support services, and relationship-building. The next NEWG meeting is scheduled for fall 2025 in Edmonton, Alberta.
Throughout 2024 to 2025, the NEWG met 3 times, providing opportunities for consultation on initiatives such as the modernization of the Offender Management System, policy development, the Indigenous Justice Strategy, the Indigenous Health Action Plan, and the Health Accreditation Cultural Safety and Anti-Racism Standard. The Evaluations team also engaged with the group to discuss ongoing research and seek guidance on the development of an Indigenous Research Advisory Circle.
Subsequent meetings of the NEWG continue discussions on topics from the National Gathering of Elder Kanata and inform the review and revitalization of Commissioner's Directive 702: Indigenous Offenders, emphasizing support for Elders and culturally responsive interventions. The updated policy will provide clear direction regarding supporting Elders in documenting progress made with offenders through 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.
To support financial oversight, an Elder Coding Guide was created to facilitate the review of expenditures for the current fiscal year. The DCIC continues to lead an interdepartmental working group focused on enhancing Elder and Spiritual Advisor engagement across the federal government.
In collaboration with the Deputy Minister of Indigenous Services Canada (ISC), the DCIC also established an intergovernmental working group to address systemic barriers to Elder engagement and improve the government's ability to support and respect cultural protocols. Ongoing meetings aim to strengthen CSC's relationship with ISC, share relevant information, and identify opportunities for collaboration.
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. Three members of the NIAC departed in 2025, however new membership is being explored this year to ensure representation from a variety of Nations and Indigenous organizations.
The NIAC held an in-person meeting in September 2024. This meeting addressed several key topics aimed at improving the well-being and rehabilitation of Indigenous individuals within CSC. The key topics discussed at the meeting included the Indigenous Health and Wellness Action Plan, updates from CSC's Research Branch on their Indigenous Research Advisory Circle, accreditation of CSC health services, Indigenous policing from Public Safety and the ongoing efforts to foster cultural change within CSC. These discussions will guide CSC in advancing reconciliation, promoting cultural understanding, and improving the care provided to Indigenous offenders.
The NIAC came together to attend a virtual meeting in March 2025. The agenda covered crucial topics including a progress update on the Indigenous Health and Wellness Action Plan, the Foundations for Indigenous Corrections training, Indigenous recruitment and retention strategies, Elder procurement strategies and insights from various Indigenous initiatives throughout CSC. The next NIAC meeting is tentatively planned for Fall 2025.
To further advance this work, CSC developed a Strategic Plan to Expand the Use of Section 81 Agreements with Indigenous groups and governing bodies. Approved by the EXCOM and implemented in December 2023, the plan supports the transfer of federally incarcerated Indigenous individuals to the care and custody of Indigenous communities at any point during their sentence, with the agreement of all parties. These facilities may also supervise individuals on day parole, full parole, or statutory release.
Current efforts focus on enhancing the use of existing Section 81 Agreements by addressing barriers to full utilization; expanding agreements, particularly in underserved regions; and strengthening engagement with Indigenous partners and across government to fulfill the full legislative intent of Section 81 of the CCRA.
IIS has completed its review of Commissioner's Directive 702: Indigenous Offenders and will soon share the revised policy for consultation, with the goal of implementation in 2025. The updated directive includes guidance on the role of Elders and how CSC is to support Elders and Spiritual Advisors. It also outlines expectations for documenting progress made through cultural interventions and provides clearer direction on incorporating Indigenous Social History into decision-making processes.
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 responsive interventions to target the factors that contribute to criminality, such as substance abuse, family violence, and histories of victimization.
37. We call upon the federal government to provide more supports for Aboriginal programming in halfway houses and parole services.
What's happening?
The Correctional Service of Canada (CSC) is committed to enhancing culturally-responsive programming that provides funding support for Indigenous offenders on conditional release to increase their reintegrative success in the community, and ultimately, to reduce their overrepresentation in the correctional system. The CSC recognizes that collaboration with Indigenous stakeholders is key in this endeavour, which includes working and consulting with Indigenous Elders, the National Indigenous Advisory Committee, the National Elders Working Group, and Indigenous communities.
CSC funds Community Correctional Centers (CCCs) and community-based residential facilities (CRFs), also known as halfway houses, that support federally incarcerated Indigenous persons on conditional release or community supervision (parole). This funding supports federally incarcerated Indigenous persons in accessing culturally responsive Indigenous-specific programming for successful community reintegration.
In consultation with Indigenous stakeholders, the CSC has also designed and developed correctional programs for Indigenous offenders. Programs are delivered by Indigenous Correctional Program Officers to Indigenous offenders either in the institution, or on conditional release at the parole office, CRF or CCC. The main objective of the Indigenous correctional program streams is to teach skills in a culturally-appropriate context, and from an Indigenous cultural lens, while incorporating Elder involvement and ceremony.
Programs focus on:
- goal-setting
- problem-solving
- interpersonal and communication skills
- coping skills
- arousal reduction strategies
- self-management skills
Working with Elders and Spiritual Advisors provides an opportunity for Indigenous offenders to understand themselves as Indigenous Peoples, their Indigenous social history and its impacts, and the historical and intergenerational traumas that contribute to substance use, violence, and other offending or criminal behaviours.
CSC also provides funding for Indigenous-specific CRFs and in-house programs and supports for Indigenous offenders, which focus on holistic healing (spiritually physically, emotionally and mentally) through traditional cultural methods and ceremony:
Programs may also include:
- employment training
- trauma and substance abuse counselling
- education
- community functioning
- life skills
To help prepare for Indigenous offenders' release, the CSC's Indigenous Community Development Officers work with rural and urban communities identified by Indigenous offenders to create release plans. These plans are for offenders who wish to serve their eventual conditional or statutory release in an Indigenous community, or in an urban area with the support of an Indigenous organization. Indigenous Community Liaison Officers support Indigenous offenders in transitioning and reintegrating to the community, and connect them to culturally-specific and other community-based programs, services, and resources.
The CSC has also entered agreements with Indigenous governing bodies and organizations to provide culturally-specific correctional services to Indigenous offenders in accordance with Section 81 of the Corrections and Conditional Release Act (CCRA). Although an offender may be transferred to the care and custody of these facilities at any time during their sentence, several have reserved beds and offer correctional programs for Indigenous offenders. These facilities use a holistic and spiritual approach, incorporating Indigenous values, teachings, traditions, beliefs and concepts of justice and reconciliation in their program design. Programs include guidance and support from Elders and Indigenous communities, and offer participation in ceremony.
Section 81 healing lodges operated by Indigenous communities and governing bodies include:
- Stan Daniels Healing Centre (operated by the Native Counselling Service of Alberta), Edmonton, Alberta
- O-chi-chak-ko-sipi First Nation Healing Lodge (operated by the Ochichakkosipi First Nation), Crane River, Manitoba
- Waseskun Healing Centre, St-Alphonse-Rodriguez, Quebec
- Buffalo Sage for Women (operated by the Native Counselling Services of Alberta), Edmonton, Alberta
- Prince Albert Grand Council Spiritual Healing Lodge, Wahpeton First Nation, Saskatchewan
- Eagle Women's Healing Lodge, Winnipeg, Manitoba
Through the federally funded Indigenous Offender Employment Initiative, offenders gain on-the-job and vocational training in construction, renovation, safety, and building-related training and skills on a variety of residential, ready-to-move and modular projects. Employment and employability training and support for offenders is provided by CORCAN, a special operating agency of the CSC. Many of the projects involve collaborative working and client relationships with Indigenous communities in the prairies, and other federal government departments.
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 CRF in the 2017 federal budget to reduce Indigenous overrepresentation in the criminal justice system. The CRF provides contributions and contracts to Indigenous communities and organizations to deliver cultural services that support the reintegration of federally incarcerated Indigenous persons. These services aim to reduce recidivism and address the overrepresentation of Indigenous people in federal custody. Funded initiatives include support for gang disaffiliation, Fetal Alcohol Spectrum Disorder (FASD), release and post-incarceration support, reintegration of Indigenous women, and workforce entry through mentorship and Elder support. Full utilization of CRF funding is anticipated for the 2025 to 2026 fiscal year.
The CRF includes 2 funding streams: Urban Transition Support (UTS) and Home Community Reintegration (HCR). UTS focuses on helping Indigenous individuals transition from correctional facilities to urban communities, while HCR strengthens connections between remote Indigenous communities and CSC to support reintegration into home communities. As of May 2025, 4 UTS contracts are active across the Prairie, Atlantic, and Ontario regions, and 15 HCR contracts are in place across the Prairie, Pacific, Atlantic, Ontario, and Quebec regions.
Also, under the CRF, the Indigenous Offender Reintegration Contribution Program (IOR-CP) supports capacity-building and project development for eligible recipients. Its objective is to enhance reintegration efforts by strengthening community partnerships, increasing engagement, and raising awareness of CSC programs. As of May 2025, 7 amended Contribution Agreements are active across the Atlantic, Quebec, Ontario, Prairie, and Pacific regions, with full funding utilization expected for 2025 to 2026.
Recent progress
To further advance this work, CSC developed a Strategic Plan to Expand the Use of Section 81 Agreements with Indigenous groups and governing bodies. Approved by the Executive Committee and implemented in December 2023, the plan supports the transfer of federally incarcerated Indigenous individuals to the care and custody of Indigenous communities at any point during their sentence, with the agreement of all parties. These facilities may also supervise individuals on day parole, full parole, or statutory release.
Current efforts focus on enhancing the use of existing Section 81 Agreements by addressing barriers to full utilization; expanding agreements, particularly in underserved regions; and strengthening engagement with Indigenous partners and across government to fulfill the full legislative intent of Section 81 of the CCRA.
The Section 81 Strategic Action Plan reflects CSC's and the federal government's commitment to Indigenous reconciliation, grounded in nation-to-nation, government-to-government, and Inuit-Crown relationships. In the current fiscal year, CSC has strengthened the transfer process to support movement to Section 81 beds, explored legislative and policy changes to enhance partnerships, and worked to improve understanding of programming offered at Healing Lodges in support of correctional plan objectives. Discussions are ongoing with Indigenous communities in Nova Scotia, Ontario, and British Columbia regarding new Section 81 opportunities.
To support full utilization of Healing Lodge capacity, CSC has implemented monthly tracking on bed use. In collaboration with all Healing Lodge partners, CSC has also compiled a document outlining the programs delivered at these facilities to better understand their impact on offenders' needs. Additionally, CSC is developing a Culturally Responsive Indigenous Interventions Guide, in consultation with Elders and Spiritual Advisors, to assist Case Management in documenting progress made through cultural and spiritual interventions.
As part of the whole-of-government commitment to advancing Indigenous engagement in the administration of justice, the IIS continues to participate in collaborative work planning with several National Indigenous Organizations (NIOs), including the Assembly of First Nations Justice Roundtable, the Congress of Aboriginal Peoples Justice Working Group, and the Métis Nation Justice and Policing Work Group. Through these platforms, IIS shares information on Section 81 and Section 84 processes, collaborates on integrated approaches to restorative justice, and supports discussions on the role of CSC Elders and the challenges posed by Security Threat Groups in corrections and reintegration. These engagements aim to encourage NIO participation in potential Section 81 Agreements and promote Section 84 releases.
In addition, the Section 84 Guidelines have been 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.
IIS has supported the transition of the Path Home Tool from Share Point to a modernized system. The Path Home Tool serves as a reference guide for Indigenous offenders, communities, and organizations participating in the section 84 release planning process. IIS is working closely with the OMS-M team to ensure that Section 84, Section 81, Indigenous Social History consideration, Elder Reviews, Pathways and the IIC approach is integrated into the new system. The goal is to ensure that the Indigenous Initiatives Continuum of Care model is integrated into the new OMS.
Next steps
CSC continues to prioritize key departmental initiatives, especially Sections 81 and 84 of the CCRA which remain central. CSC has developed a strategic action plan titled Barriers and Opportunities to Expanding the Uses of Sections 81 and 84 of the CCRA, which was approved and implemented in December 2023.
The work of the CSC is guided in large part by reports by the:
- Office of the Auditor General of Canada
- Office of the Correctional Investigator
- Truth and Reconciliation Commission Calls to Action
- Calls for Justice of the National Inquiry into Missing and Murdered Indigenous Women and Girls
- 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. CSC is currently working with 14 communities who have expressed interest in Section 81 agreements.
Regions will be able to leverage Community Reintegration 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.
38. We call upon the federal, provincial, territorial, and Aboriginal governments to commit to eliminating the overrepresentation of Aboriginal youth in custody over the next decade.
What's happening?
In March 2017, Justice Canada held a National Roundtable on the Overrepresentation of Indigenous Youth in the Criminal Justice System. We brought together experts in youth justice and Indigenous justice to explore factors that contribute to the overrepresentation of Indigenous youth in the criminal justice system.
In March 2019, 3 roundtables were held with Indigenous youth to discuss their experiences about how best to address the overrepresentation of Indigenous youth in the criminal justice system.
The discussions and outcomes of the roundtable sessions were compiled into a concluding report that we posted on our Canada's Youth Justice website.
We held a series of webinars to support information sharing with professionals. The webinars featured various guest speakers on topics related to the youth criminal justice system, such as:
- culturally appropriate programming
- restorative justice
- supporting youth with Fetal Alcohol Spectrum Disorder
- Gladue reports (a type of presentencing or bail hearing report)
The Indigenous Justice Program (IJP) directly supports 211 Indigenous-led community-based justice programs in partnership with all provinces and territories. Funded programs offer alternatives to mainstream justice processes, for adults and youth, in appropriate circumstances and contributes to addressing the overrepresentation of Indigenous people in the criminal justice system, as victims, accused, 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.
Although the primary focus for most community-based justice programs is diversion of offenders from the mainstream justice system, IJP-supported programs also provide a range of other justice-related services from prevention to reintegration. For examples, cultural camps, school-based mediations and anti-bullying and anti-gang workshops are among the many services that IJP-supported programs provide to reduce the overrepresentation of Indigenous at-risk youth in the mainstream justice system.
Budget 2024 resulted in ongoing civil and family mediation funding through the Indigenous Justice Program. This funding supports Indigenous communities in resolving conflicts to prevent their escalation (including those involving at-risk youth), and provides opportunities for parents to resolve their disputes (including custody arrangements) more peacefully.
Funding to the Indigenous Courtwork Program allows Courtworkers keep youth connected to family, culture and community while navigating criminal, family and child protections systems, often simultaneously. By supporting families and connecting with local resources, Courtworkers help the both the courts and families find alternatives, keeping children out of custody and in appropriate care.
Three youth justice programs support the objective of eliminating overrepresentation of youth in custody. The Youth Justice Fund in fiscal years 2025 to 2027 is providing $3.5 million to support multi-year pilot projects focusing on Indigenous youth. The Intensive Rehabilitative Custody and Supervision program provides contribution funding to provinces and territories for specialized therapeutic programs for youth with mental health needs who are convicted of a serious violent offence. Over the past 5 years, two-thirds (67%) of youth in this program were Indigenous. The Youth Justice Services Funding Program provides funding to the provinces and territories to assist in the delivery of programs and services for youth in contact with the law, including for specialized services and programs for Indigenous youth.
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 2019, Justice Canada launched the first national performance monitoring framework for the criminal justice system (CJS). In 2023, the framework was adapted to the youth context, and a dedicated youth theme was added to the State of the Criminal Justice System Dashboard. The framework outlines 9 expected outcomes for both the adult and youth criminal justice systems, including the reduction of Indigenous overrepresentation in the youth system. In 2024, Justice Canada released a report focused on the performance of the youth CJS, highlighting key trends and outcomes.
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 at the Department of Justice Canada and the Canadian Centre for Justice and Community Safety Statistics at Statistics Canada.
The report presents results using the Relative Rate Index to determine the level of overrepresentation of Indigenous people, including youth, at different stages of criminal court including preliminary hearings, trial, findings of guilt and custodial sentencing.
Legislative amendments
In 2019, former 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, became law.
Many important changes amendments were made to the Youth Criminal Justice Act (YCJA) which became law on December 18, 2019, with the goal of reducing the overrepresentation of Indigenous youth in the criminal justice system.
They will further encourage alternatives to charges for administration of justice offences.
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:
Recent Budget Investments
Budget 2024 resulted in $56.4 million over 5 years and $11.3 million per year ongoing to the Department of Justice for Indigenous justice funding. This includes $14.5 million over 5 years and $2.9 million ongoing funding for program integrity to stabilize service delivery, and $6.25 million over 5 years and $1.25 million ongoing for capacity-building. It also provides the Indigenous Courtwork Program with ongoing funding for the development and delivery of Indigenous family courtwork services.
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 2024 provided $56.4 million over 5 years and $11.3 million per year ongoing, to continue improving access to justice for Indigenous Peoples, including victims, offenders, and families to address systemic discrimination and the overrepresentation of Indigenous Peoples in the justice system.
Ongoing funding to the Indigenous Courtwork program (ICW) supports criminal and family courtwork services, as well as the development and delivery of Gladue reports for adults and youth. Activities funded under the ICW support judges in understanding the importance of the family and cultural approaches to healing impacted youth, including addressing the historical, underlying causes of the behaviour, and provide information on local, culturally-relevant alternatives to incarceration in an effort to address overrepresentation.
Funding for civil and family mediation to address community and family conflicts and prevent their escalation, as well as provide opportunities for parents to resolve their disputes, including custody arrangements. 37 projects are being supported and starting in 2024 to 2025.
Funding to address program integrity pressures in the community-based justice programs supported by the Indigenous Justice Program. Funding agreements with all programs receiving program integrity funding were signed in 2021 to 2022 following Budget 2021, all agreements were renewed in 2024 to 2025.
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).
Examples of projects funded under the Youth Justice Fund include:
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 is piloting 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
Saskatoon Tribal Council Inc.'s "Community Youth Reintegration Program"
Through its project, Saskatoon Tribal Council Inc. is expanding 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 to 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.
The Indigenous Justice Strategy was released on March 10, 2025. Among its goals and principles, it notes that "The Indigenous Justice Strategy seeks to recognize the unique circumstances of First Nations, Inuit and Métis people with intersecting identities, including seniors, women, youth, children, persons with disabilities and 2SLGBTQQIA+ people, noting this requires distinct cultural care and healing to reduce rates of recidivism."
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.
39. We call upon the federal government to develop a national plan to collect and publish data on the criminal victimization of Aboriginal people, including data related to homicide and family violence victimization.
What's happening?
Statistics Canada has taken a strategic approach to enhancing the extent of data collected and published on the victimization of Indigenous peoples through a series of activities which respond directly to the Truth and Reconciliation Commission's Call to Action 39. As data and products are continuously evolving and being updated, the public is encouraged to consult Crime and Justice statistics.
Since 2014, police-reported homicide data on Indigenous peoples have been available through the Homicide Survey which collects information on the Indigenous identity of victims and offenders. Each year since, with the exception of 2019, data included in the annual report on Crime Statistics in Canada and Statistics Canada annual homicide report has included analysis of homicides of Indigenous women and girls. Consult the Infographic: Homicide in Canada, 2022 as well as the new interactive dashboard Police-reported Information Hub: Homicide in Canada for the most recent information.
Data can be accessed by the public through standard tables available on the Statistics Canada website or through custom requests. Data are integrated in relevant reports such as Statistics Canada's annual statistical report on family violence. Access to this information enables communities and those working in the criminal justice system to better understand and address the issues related to homicide victimization.
Standard tables:
- Number of homicide victims and persons accused of homicide, by Indigenous identity, age group and gender
- Number and rate of victims of solved homicides, by gender, Indigenous identity and type of accused-victim relationship
- Number, percentage and rate of homicide victims, by gender and Indigenous identity
Statistics Canada is advancing the collection of data on Indigenous identity of victims and accused in national police-reported crime statistics, with the aim of a better understanding of the experiences of Indigenous Peoples concerning their interactions with the police as accused and victims of crime.
In July 2020, to respond to growing demands for disaggregated data that shed light on the diverse experiences of people across the justice system, Statistics Canada and the Canadian Association of Chiefs of Police (CACP) collaborated to initiate the collection of data on the Indigenous and racialized identity of victims and accused persons through the Uniform Crime Reporting Survey (UCR). The initiative began with public engagement processes, which included gathering feedback from organizations that provide services to Indigenous and racialized people. The information collected during engagements from 2023 to 2024 served as the basis for the work of a new Special Purpose Committee under the CACP, established to guide the operationalization of the data collection. Guidelines from the project were released in 2024.
Statistics Canada has expanded its other justice-related work to include information on Indigenous identity. The Survey of Residential Facilities for Victims of Abuse (SRFVA), first launched in spring 2018, collects information on the use of these facilities by Indigenous women and children and on services for Indigenous populations. This survey and analysis are partially funded by the Canada Mortgage and Housing Corporation. For the most recent release, consult SRFVA page.
Statistics Canada's Survey on Canadians' Safety (SCS), formerly named the General Social Survey on Victimization, is now conducted every 3 years and responds to data needs by collecting information on victimization, whether it was reported to the police or not. The selected sample for the 2025 to 2026 SCS includes First Nations, Inuit and Métis populations. Additional funding provided by Canada's Action Plan on Combatting Hate allowed for data collection in the territories, and the Disaggregated Data Action Plan funded an oversample of specific population groups, including Indigenous populations.
In partnership with Women and Gender Equality Canada, Statistics Canada developed the 2018 and the 2024/2025 Survey of Safety in Public and Private Spaces (SSPPS), which provides a national measure of gender-based violence. In developing the survey, Women and Gender Equality Canada consulted with Pauktuutit Inuit Women of Canada, the National Association of Friendship Centres and the Congress of Aboriginal Peoples. In the 2024 to 2025 iteration of the SSPPS, the Indigenous population was oversampled to increase the possibility of further disaggregation and distinction-based analysis.
This information provides insight into the impact of lifetime prevalence of physical and sexual violence among the Indigenous population in Canada, among other topics. Numerous reports using Statistics Canada data have been released that examine the victimization of Indigenous women. These reports should be updated when the results of the 2024/2025 SSPPS and 2025/2026 SCS are released:
- Violent victimization and perceptions of safety: Experiences of First Nations, Métis and Inuit women in Canada
- Intimate partner violence: Experiences of Indigenous First Nations, Métis and Inuit women in Canada, 2018
In addition to reports, standard tables presenting more specific results on victimization of Indigenous people are available.
- Self-reported sexual assault since age 15
- Self-reported physical and sexual abuse during childhood
- Self-reported violent victimization among Indigenous people
In 2022, Statistics Canada signed a letter of agreement with the Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) Missing and Murdered Indigenous Women and Girls Secretariat to help advance a collaborative initiative that addresses Call for Justice 9.5 (v) of The Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls. This initiative aims to develop a national strategy, through the CACP, to ensure consistency in reporting missing Indigenous women, girls and 2SLGBTQI+ people. The scope of this initiative also includes recommendations related to the creation of a national database. From the fall of 2022 through the end of 2025, this work included 3 phases of consultative engagements with national Indigenous organizations, Indigenous governments, communities, and local and regional organizations, as well as government and non-government groups, police services, and researchers.
Recent progress
For the collection of information on Indigenous and racialized identity via the UCR, guidelines from the project were released in 2024 and 2025. On July 24, 2023, Statistics Canada published an interim status report to share the progress of the initiative.
A total of 12 final recommendations were developed and released in June 2025 in the report titled "Report and final recommendations: Police-reported Indigenous and racialized identity data through the Uniform Crime Reporting Survey". On July 16, 2025, following the endorsement of the CACP in June 2025, 2 additional reports were released that detailed the operational guidelines and analytical framework for collecting these data via the UCR.
Regarding the collection of data on missing persons, the information gathered throughout the consultative engagement stage is currently being reviewed and incorporated into reports that will be published on Consulting Canadians. In addition, since spring 2025, work has been underway for developing proposed data standards and defining the trajectory of information on missing persons.
Next steps
For the collection of information on the Indigenous and racialized identity of victims and accused persons via the UCR, the next steps in 2025 and 2026 include the launch of first adopters (pilots) through collaboration with the Canadian Centre for Justice and Community Safety Statistics (CCJCSS) at Statistics Canada and the CACP Special Purpose Committee(s). In addition, the Policing Services Program of the CCJCSS is engaging in discussions with records management system software vendors on implementing specifications for version 2.5 of the UCR for police services.
For missing persons data collection throughout the remainder of fiscal year 2025 to 2026, the project team at Statistics Canada—working in partnership with CIRNAC and the steering committee for missing persons data collection—will continue to collaborate on finalizing a proposed set of national-level data standards and identifying the pathway and touchpoints of this information, from the initial report of a missing person to the production of statistics for research and statistical purposes.
40. We call on all levels of government, in collaboration with Aboriginal people, to create adequately funded and accessible Aboriginal-specific victim programs and services with appropriate evaluation mechanisms.
What's happening?
Supporting families of Missing or Murdered Loved Ones: 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 Missing and Murdered Indigenous Women, Girls, and 2SLGBTQI+ persons, this new funding will permit opportunities to also support families of missing or murdered men and boys. The national network of FILUs continues to work closely, sharing information to support continuity of service, training opportunities, and ideas to implement Family Information Liaison Units expanded activities. In 2024 to 2025 funding agreements were put in place with each provincial and territorial government.
Supporting families of Missing or Murdered Loved Ones: The Community Support and Healing for Families initiative
The Community Support and Healing for Families (CSHF) initiative was established in 2016 to assist families of Missing and Murdered Indigenous Women, Girls and 2SLGBTQI+ people. Through this initiative, funding is available to Indigenous community agencies, organizations and Indigenous governments to design and deliver community supports and healing services for families. These community-led initiatives have successfully increased access to culturally grounded, responsive supports for families through a wide range of activities such as family-centered workshops, family gatherings, ceremonies, family support networks, and access to cultural advisors and Elders.
In 2023, the Government of Canada renewed and expanded the initiative on an ongoing, sustainable basis with funding in the amount of $4.15 million annually. This funding is provided through Justice Canada's Victims Fund, a part of the Federal Victim Strategy.
Currently, there are 33 projects operating across Canada with this funding, and many include working with families of missing of murdered men and boys in First Nations, Inuit and Métis communities. Justice Canada is working with partners leading these projects to build a community of practice to strengthen relationships, share information and increase capacity to assist family members.
Increasing Access to Indigenous–Led and Co-Developed Victim Services and Supports: The Supporting Indigenous Victims of Crime initiative
The Government of Canada announced the Supporting Indigenous Victims of Crime (SIVC) initiative on May 29, 2023. It has $8.45 million annually in funding to support a wide range of Indigenous-led and jointly led activities aimed at increasing access to justice for First Nation, Métis and Inuit people who have experienced crime and violence.
The design and delivery of the SIVC initiative was informed by the Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls, Reclaiming Power and Place and the priority areas outlined in the co-developed National Action Plan Ending Violence Against Indigenous Women, Girls, and 2SLGBTQIA+ People. The SIVC initiative seeks to increase access to Indigenous-led, culturally safe, survivor-centred services and supports, at the community level, for Indigenous people who are victims and survivors of crime. It also supports activities that strengthen partnerships between Indigenous agencies, justice sector agencies, and all levels of government, to identify and implement activities within the justice system (including policing, courts, and victim services) to reduce the harm that Indigenous victims and survivors experience when in contact with the system, while also strengthening victims' rights.
The SIVC was launched in 2024 and there are 46 projects operating across Canada with this funding. The SIVC complements the efforts of provincial and territorial governments in this area, who have the responsibility for victim services in each jurisdiction.
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 people. In addition, Justice Canada has been seeking opportunities to increase awareness about, and understanding of, Indigenous evaluation methodologies and published a report on the subject: Exploring Indigenous Approaches to Evaluation and Research in the Context of Victim Services and Supports.
The Indigenous Justice Strategy was released on March 10, 2025. It provides a vision and identifies priority actions to guide collaboration between federal and provincial and territorial governments and Indigenous peoples to address systemic discrimination and overrepresentation of Indigenous people in the justice system. Priority Action 10 is to "increase access to First Nations, Inuit- and Métis-led, culturally safe and appropriate and trauma informed victim services and supports by supporting:
- multisectoral partnerships in order to provide wrap-around, comprehensive and meaningful support to keep all Indigenous victims, survivors and families of MMIWG2S+ safe, help them navigate the systems they are engaged in and advocate for their needs and rights
- continuous and accessible community-led healing programs
- partnerships and strengthened collaboration between First Nations, Inuit and Métis and all levels of government and various justice agencies to identify and implement actions (policies, law reform, directives) that will reduce the harm experienced by First Nations, Inuit and Métis people who are victims and survivors of crime when engaged in the justice system, as well as addressing the inter-sectoral and inter-jurisdictional challenges that impact their ability to access justice."
It also contributes to implementing the United Nations Declaration on the Rights of Indigenous Peoples Act, specifically Action Plan Shared Priority Measure 28.
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.
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 and in July 2024 a CFP was launched for the Supporting Indigenous Victims of Crime (SIVC) initiative.
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:
- support the Family Information Liaison Units to ensure timely support and access to information for families of missing and murdered Indigenous people
- support families and survivors through project-based programming and providing community-based, culturally relevant and trauma-informed wellness services
- support Indigenous-led or conjointly 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
support opportunities to build relationships among those working with families of missing and murdered Indigenous people across Canada
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 to increase access to justice for victims, survivors and families.
41. We call upon the federal government, in consultation with Aboriginal organizations, to appoint a public inquiry into the causes of, and remedies for, the disproportionate victimization of Aboriginal women and girls. The inquiry's mandate would include:
- Investigation into missing and murdered Aboriginal women and girls
- Links to the intergenerational legacy of residential schools
What's happening?
The Commission of the National Inquiry into Missing and Murdered Indigenous Women and Girls delivered its final report Reclaiming Power and Place, on June 3, 2019. This included 2,386 participants in its Truth Gathering Process, many of whom were Survivors of the residential school system.
The report provides over 231 calls for justice directed at all levels of government, various service-delivery organizations and the Canadian public to help address violence towards Indigenous women, girls and 2SLGBTQQIA+ people.
In response to the final report's recommendations, on June 3, 2021, the Government of Canada, along with its many Indigenous, provincial, territorial and municipal partners, released the 2021 Missing and Murdered Indigenous Women, Girls, and 2SLGBTQQIA+ People National Action Plan: Ending Violence Against Indigenous Women, Girls, and 2SLGBTQQIA+ People (national action plan) that addresses the root causes for violence against Indigenous women, girls and 2SLGBTQQIA+ people.
As one part of the national action plan, the Government of Canada developed the Federal Pathway to Address Missing and Murdered Indigenous Women, Girls and 2SLGBTQQIA+ People (federal pathway), which outlines the Government of Canada's commitments to end violence against Indigenous women and girls and 2SLGBTQQIA+ people.
For more information on investments, programs and initiatives launched to date, please visit the federal pathway website.
42. We call upon the federal, provincial, and territorial governments to commit to the recognition and implementation of Aboriginal justice systems in a manner consistent with the Treaty and Aboriginal rights of Aboriginal peoples, the Constitution Act, 1982, and the United Nations Declaration on the Rights of Indigenous Peoples, endorsed by Canada in November 2012.
What's happening?
In 2016, the Government of Canada endorsed the UN Declaration on the Rights of Indigenous Peoples (UN Declaration) without qualification and committed to its full and effective implementation. This endorsement confirmed Canada's commitment to a renewed, nation-to-nation, Inuit-Crown and government-to-government relationship with Indigenous peoples, a relationship based on recognition of rights, respect, co-operation and partnership.
The announcement also reaffirmed Canada's commitment to adopt and implement the UN Declaration in accordance with the Canadian Constitution.
On June 21, 2021, the United Nations Declaration on the Rights of Indigenous Peoples Act (UN Declaration Act) received Royal Assent and immediately came into force. This legislation advances the implementation of the UN Declaration as a key step in renewing the Government of Canada's relationship with Indigenous peoples.
The purpose of this Act is to affirm the UN Declaration as an international human rights instrument that can help interpret and apply Canadian law. It also provides a framework to advance implementation of the UN Declaration at the federal level.
Since 2018, Justice Canada has been participating in the discussion tables that have an administration of justice component under the Recognition of Indigenous Rights and Self-Determination process. This process provides opportunities for Indigenous communities to advance their rights, interests, and needs on administration of justice. Justice Canada participates in 18 of these discussion tables. In addition, the Government of Canada continues to negotiate administration of justice elements within comprehensive self-government agreements.
In the Federal Pathway to Address Missing and Murdered Indigenous Women, Girls and 2SLGBTQQIA+ People, the Government of Canada commits to continue to negotiate administration of justice agreements with Indigenous communities to:
- strengthen community-based justice systems
- support self-determination
- provide alternatives to the mainstream justice system
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.
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.