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

March 08, 2024


Latest Updates


Actions and Commitments


Explore by Themes


Rebuilding First Nations Governance

Read more


AFN – Canada MOU: Policing

Read more


Working Group on Review of Laws and Policies

Read more


Govt. Commitments to Indigenous Women

Read more


Govt. Commitments to Aboriginal Justice Systems

Read more


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