Call to Action # 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

Why “Not Started”?

No jurisdiction – federal, provincial or territory government – has committed to the recognition and implementation of Aboriginal Justice systems.

Although the federal and provincial governments continue to deny the existence of Aboriginal Rights and Title and Indigenous laws, the Supreme Court of Canada will hear arguments from the Assembly of Manitoba Chiefs that “First Nations laws constitute Canada’s first constitutional order, alongside the French Civil Law and the English Common Law. (Sept. 21, 2020).

Official government website excludes any reference to Treaty and Aboriginal Rights, the Constitution Act, 1982 or The United Nations Declaration on the Rights of Indigenous Peoples. The focus is on a non-binding dialogue “Exploring Indigenous Justice Systems” with no committed outcomes identified and one example of a successful MOU for the administration of justice.

Significant deletions from previous government updates to this Call to Action include:

  • government is full supporter, without qualification” of UNDRIP (April 8, 2019)
  • we will create new federal legislation and policies to formalize the recognition of Indigenous people’s rights, including the right of self-determination and the inherent tight of self-government. This also includes support for the development of Indigenous government institutions and systems of justice.  (Sept.  5, 2019)
  • The April 8, 2019 content  indicated Indigenous self-governments in developing their own systems of justice“are subject to” federal and provincial governments. This has been modified to “that fall in coordination with federal and provincial governments”

Current Status

Not Started

Call to Action
last updated

January 11, 2024

Latest Updates

Background Content

Explore by Themes

CBA Response

Read more

Indigenous Law

Read more

Grand Council of the Cree

Read more

Indigenous Bar Association

Read more

Policing in Indigenous Communities

Read more

Indigenous Identity and Indigenous law

Read more