The Challenge
Throughout the history of Canada, First Nations justice systems and legal orders have failed to be respected and recognized. Since Canada effectively applied the criminal laws of England at Canadian Confederation in 1867 and enacted the first Canadian federal Criminal Code in 1892, there has been no recognition of Indigenous legal orders in criminal justice. The deeply rooted and racist idea that the only laws and systems that matter are the ones based in common law and colonial legal traditions, has contributed to the ongoing denial of First Nations justice systems, legal orders, and self-determination in criminal justice.
The Solution
First Nations self-determination is a value that must inform the structure and operation of the criminal justice system. The right of Indigenous self-determination, as expressed in articles 3, 4, and 5 of the UN Declaration, allows First Nations to determine their priorities and visions and create space for the recognition and operation of their laws, institutions, and jurisdictions. As such, Strategy 2 focuses on supporting First Nations in however they choose to undertake the rebuilding of their systems and institutions and aims to affirm self-determination and self-government in multiple ways throughout the justice system.
