Call to Action # 42

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”