The IBA calls on Indigenous, Federal, Provincial, Territorial and Municipal governments to immediately adopt the Truth and Reconciliation Commission Calls to Action 42, which calls upon them to commit to the recognition and implementation of an Aboriginal justice system in a manner consistent with the Treaty and Aboriginal rights of Aboriginal Peoples and the Constitution Act, 1982.

The Indigenous Bar Association in Canada (the “IBA”) calls upon the federal and provincial Crown to work in partnership with Indigenous Peoples to undertake the challenging task of reshaping the rule of law so it respects and aligns with Indigenous legal traditions and laws. The events surrounding the Wet’suwet’en Nation, and the responses from within Indigenous and non-Indigenous communities across the country, have raised two fundamental questions for Canada about the rule of law: whose law? And is it, in fact, being applied equally when it comes to Indigenous Peoples? Canada must commit itself to restore the legitimacy of its legal institutions with Indigenous communities, and Canada as a whole. The Wet’suwet’en dispute highlights the need for Canada to take immediate action to re-envision the rule of law to create space for the operation and respect of Indigenous laws and legal orders. In doing so, Canada must remember the honour of the crown and the United Nations Declaration on the Rights of Indigenous Peoples requires that work to implement these processes must be in partnership with Indigenous rights holders. As Chief Justice Lamer stated in Delgamuukw—a case brought by the Wet’suwet’en—“Let’s face it, we are all here to stay.” It is time that the rule of law in Canada reflects this reality.