Equity for Aboriginal people in the legal system
Learn how the Government of Canada is responding to the Truth and Reconciliation Commission's Calls to Action 50 to 52.
Based on data provided March 2023.
- Call to Action 52 is based on data provided September 2023.
- Call to Action 50 and 51 are based on data provided November 2025.
50. In keeping with the United Nations Declaration on the Rights of Indigenous Peoples, we call upon the federal government, in collaboration with Aboriginal organizations, to fund the establishment of Indigenous law institutes for the development, use, and understanding of Indigenous laws and access to justice in accordance with the unique cultures of Aboriginal peoples in Canada.
What's happening?
Justice Partnership and Innovation Program
Budget 2024 announced $5.5 million over 3 years, starting in 2024 to 2025 to continue revitalizing Indigenous laws and legal systems through the Indigenous Justice Program. The Indigenous Justice Program launched a Call for Proposals to fund projects that help to support the development, use, and understanding of Indigenous laws and access to Indigenous justice in accordance with the unique cultures of Indigenous Peoples in Canada. A total of 22 projects are currently funded.
This investment will make it possible to continue to support renewed legal relationships with Indigenous Peoples, improve access to justice and address gaps in the Canadian justice system.
To address the systemic discrimination and overrepresentation of Indigenous people in the justice system, the Indigenous Justice Strategy was released on March 10, 2025. It also contributes to implementing the United Nations Declaration on the Rights of Indigenous Peoples Act, specifically Action Plan Shared Priority Measure 28.
Background and Current Status
The overrepresentation of Indigenous people in the justice system is a serious and complex issue rooted in systemic racism and Canada's legacy of colonialism.
Reiterated in the December 21, 2021 mandate letter, the Minister of Justice and Attorney General of Canada was directed to continue developing, in consultation and cooperation with First Nations, Inuit and Métis, and in close collaboration with provinces and territories, an Indigenous Justice Strategy to address systemic discrimination and the overrepresentation of Indigenous people in Canada's justice system.
Justice Canada is also advancing work on a number of initiatives to advance the revitalization of Indigenous legal traditions and support the enforcement of Indigenous laws and legal orders in Canada. This includes supporting external initiatives to revitalize Indigenous legal traditions, as well as negotiating Administration of Justice Agreements with communities and discussing measures to better support the enforcement of First Nations laws and by-laws at various tables.
Recent Budget Investments
Budget 2024 resulted in $5.5 million over 3 years to continue work on the revitalization of Indigenous laws and legal systems. Through a national Call for Proposals, the Indigenous Justice Program funded 22 projects that help to support the development, use, and understanding of Indigenous laws and access to justice in accordance with the unique cultures of Indigenous Peoples in Canada.
These funds formed a part of $17.5 million over 3 years that saw the renewal of Budget 2021 funding for CTA 50 and for and engagement for further development and early implementation of the Indigenous Justice Strategy. Both of these initiatives are currently being implemented and are sunsetting March 31, 2027.
Recent progress
The Call for Proposals under the renewed Budget 2024 garnered 107 proposals, 22 of which were funded. This funding supports First Nations, Inuit and Métis communities across Canada to implement Indigenous law and legal traditions revitalization projects.
Indigenous Peoples from coast-to-coast-to-coast have unique cultures and traditions. CTA 50 projects foster positive impacts for Indigenous communities and provide support to renew legal relationships with Indigenous Peoples in Canada.
The revitalization of Indigenous legal systems is key in advancing reconciliation and supporting self-determination. These projects are led by or delivered in partnership with Indigenous organizations and support the development, use and understanding of Indigenous laws and access to justice.
Among the other initiatives such as the revitalization of Indigenous laws across Canada, on August 17, 2022 funding was announced to support the University of Ottawa's Visual Laboratory on Indigenous Legal Orders of the Indigenous Law Certificate Program. Justice Canada provided $596,565 over 3 years to the University of Ottawa through the Justice Partnership and Innovation Program. The program builds on Indigenous knowledge and languages and will be offered entirely in French. It was designed and developed exclusively for Indigenous students.
Nunatsiavut Government is one of 22 CTA 50 projects that began under Budget 2024. This project is focusing on revitalizing Inuit legal traditions by prioritizing research into historic and contemporary Inuit laws, traditional practices, and customary approaches to justice of Inuit in Labrador, Inuit Nunangat. This project is directed at supporting the development of Inuit laws within the Nunatsiavut Government self-governance structures and communities, to ultimately foster a justice system that reflects Inuit values and cultural practices.
The Indigenous Justice Strategy was released on March 10, 2025. Priority Action 24 is to "support First Nations, Inuit and Métis governments and representative institutions to build capacity to revitalize and operationalize their laws, legal systems and legal institutions, including through research and knowledge exchange, and to interconnect these with the broader Canadian justice system, as appropriate".
Next steps
The Minister of Justice and Attorney General of Canada continues to work on the mandate letter commitment to advance the priorities of Indigenous communities to reclaim jurisdiction over the administration of justice in collaboration with the provinces and territories, and supports and funds the revitalization of Indigenous laws, legal systems and traditions.
Justice Canada is working, in consultation with Crown-Indigenous Relations and Northern Affairs Canada on supports for communities who wish to enter into negotiations for their own Administration of Justice Agreements. Such agreements could provide a progressive approach to supporting Indigenous justice systems through practical and meaningful ways for Indigenous Peoples to assume greater control over the administration of justice in their communities. These agreements could focus on revitalizing of traditional legal structures and laws, enforcing and adjudicating of those laws, and aligning them with existing legal structures.
Budget 2024 resulted in the renewal of a number of important Indigenous justice programming and initiatives at Justice Canada, including:
- $5.5 million over 3 years to continue work on TRC Call to Action 50 towards the revitalization of Indigenous laws, legal systems and traditions
Justice Canada will work with other implicated departments to provide a progress update in 2027 on the development of implementation plans for the Indigenous Justice Strategy and renewed opportunities for additional participation in the next phase of implementation of the Indigenous Justice Strategy.
51. We call upon the Government of Canada, as an obligation of its fiduciary responsibility, to develop a policy of transparency by publishing legal opinions it develops and upon which it acts or intends to act, in regard to the scope and extent of Aboriginal and Treaty rights.
What's happening?
In July 2017, the Minister of Justice and Attorney General of Canada released the Principles Respecting the Government of Canada's Relationship with Indigenous Peoples as part of its commitment to advancing reconciliation with Indigenous Peoples through a renewed, nation-to-nation, Inuit-Crown, government-to-government relationships based on the recognition of rights, respect, cooperation and partnership.
Subsequently, on January 11, 2019, the Minister of Justice and Attorney General of Canada issued the Attorney General of Canada's Directive on Civil Litigation Involving Indigenous Peoples. The Directive guides the government's legal approaches, positions and decisions taken in civil litigation involving Aboriginal and treaty rights and the Crown's obligation towards Indigenous Peoples. It aims to bring the Principles to life by ensuring that Canada's relationships with Indigenous Peoples are based on the recognition and implementation of the right to self-determination, including the inherent right to self-government. The Directive also responds in a broad sense to CTA 51 by contributing to transparency on the principles that will guide the federal government’s legal approaches, positions and decisions taken in civil litigation involving Aboriginal and treaty rights, as well as the Crown’s obligations towards Indigenous Peoples.
Additionally, on March 21, 2025, Section 35-pedia: a primer to understanding section 35 of the Constitution Act, 1982 was published on Justice Canada's website. Section 35-pedia provides legal information about section 35 of the Constitution Act, 1982 and contains information about the purpose of section 35, certain related instruments (including the United Nations Declaration on the Rights of Indigenous Peoples) and the analysis or test developed through case law in respect to its application. Publication of Section 35-pedia contributes to CTA 51 as well as to general calls for greater openness and transparency in government and can help enhance access to justice through public legal education.
Recent progress
As the Directive calls for regular review, the Department of Justice conducted a review at the beginning in 2023 to determine whether any updates were needed. This review concluded that no changes were needed, as the review found that the Directive remains aligned with the Government's overall commitment to reconciliation, while leaving appropriate flexibility to decision-makers to consider relevant policy, relationship and fiscal impacts in developing litigation positions.
Canada has also shifted towards a more collaborative approach to law-making with Indigenous groups, and in various instances has adopted co-development approaches that seek to involve Indigenous rights holders and organizations in the legislative policy development process. In line with CTA 51's objectives, this has led to important opportunities for consultation and cooperation in this area, as well as greater openness and transparency in Canada's dealings with Indigenous groups in law-making.
The recently published Section 35-pedia is another step to enhance access to justice and is complementary to the publication of pleadings before the Supreme Court of Canada in cases involving section 35 of the Constitution Act, 1982, which are available through the Supreme Court of Canada's website.
This important work is a significant step toward increased openness and transparency, both on a broad scale in terms of Canada's commitments to all Canadians and on a more targeted scale in terms of Canada's relationship with Indigenous Peoples.
Next steps
Through ongoing discussions as well as reviews of policies and practices, further options are being developed and considered within government to respond in a holistic manner to Call to Action 51, and, in turn, enhance transparency and understanding of the legal positions of the Government of Canada and its work more generally.
52. We call upon the Government of Canada, provincial and territorial governments and the courts to adopt the following legal principles:
- Aboriginal title claims are accepted once the Aboriginal claimant has established occupation over a particular territory at a particular point in time.
- Once Aboriginal title has been established, the burden of proving any limitation on any rights arising from the existence of that title shifts to the party asserting such a limitation.
What's happening?
The Government of Canada is committed to renewing the relationship with Indigenous Peoples based on the recognition and implementation of rights, respect, co-operation and partnership. This includes continuing to support, wherever possible, the use of processes and systems outside of the courts in order to move towards rights recognition and implementation.
On January 11, 2019, the Minister of Justice and Attorney General of Canada issued The Attorney General of Canada's Directive on Civil Litigation Involving Indigenous Peoples (Directive). The Directive guides the government's legal approaches, positions and decisions taken in civil litigation involving Aboriginal and treaty rights and the Crown's obligation towards Indigenous Peoples.
The Directive responds to the Attorney General of Canada's mandate to review of the Government of Canada's litigation strategy in order to ensure the federal government's legal positions are consistent with its commitments, the Charter of Rights and Freedoms and Canadian values.
Consistent with the 2017 Principles Respecting the Government of Canada's Relationship with Indigenous Peoples, the Directive emphasizes the importance of resolving conflicts expeditiously and collaboratively, reducing the use of litigation and the courts.
Recent progress
Crown Indigenous Relations and Northern Affairs Canada has undertaken a number of initiatives that can support Call to Action 52.
The Minister of Crown-Indigenous Relations has a mandate to continue ongoing work with First Nations, Inuit and Métis to redesign the Comprehensive Land Claims and Inherent Right policies, including policy approaches for the recognition and implementation of Aboriginal title.
In 2019, Canada co-developed the Recognition and Reconciliation of Rights Policy for Treaty Negotiations in British Columbia with the First Nations Summit and the Government of British Columbia. This policy replaces the Comprehensive Land Claims and Inherent Right policies for treaty negotiation in British Columbia. The policy identifies the negotiation of treaties, agreements and other constructive arrangements as the preferred method of achieving the reconciliation of Crown title and the rights, including Aboriginal title asserted by Indigenous nations.
Where there is interest, the Government of Canada is ready to discuss using the approaches found in the Recognition and Reconciliation of Rights Policy for Treaty Negotiations in British Columbia with negotiation partners elsewhere in the country.
In June 2023 the Government of Canada released the 2023 to 2028 Action Plan to support the implementation of the United Nations Declaration on the Rights of Indigenous Peoples Act. The Action Plan includes 181 measures the reflect priorities and proposals identified by First Nations, Inuit, and Metis and that contribute to achieving the objectives of the UN Declaration. Two of the measures identified by Crown-Indigenous Relations and Northern Affairs Canada can support the implementation of Call to Action 52:
- Issue a public statement of Canada's rights-based approach for the negotiation of treaties, agreements and other constructive arrangements to replace the Comprehensive Land Claims and Inherent Right Policies
- Co-develop approaches for the implementation of the right to self-determination through negotiated agreements, new policies and legislative mechanisms
Recent Progress
The Government of Canada is engaged in over 186 discussion tables with Indigenous groups across the country that are co-developing approaches for the recognition and implementation of rights through treaties, agreements and other constructive arrangements. Discussions are focused on community-identified priorities, which may include addressing Indigenous interests in lands and resources, including Aboriginal title.
Next steps
Call to Action 52 can be addressed through a number of ongoing policy initiatives that address Indigenous interests in lands and resources, including Aboriginal title.
Negotiated solutions toward the recognition of Aboriginal title will continue at different tables and working groups across the country.
The Government of Canada will continue working in collaboration with Indigenous partners to redesign the Comprehensive Land Claims and Inherent Right policies.