Tansi Nîtôtemtik,
The Indigenous Bar Association conference, themed “Disrupted Systems”, wrapped up its second day on Friday with a stacked set of speakers, performers, and panels. This year’s conference featured important discussions about the state of the Canadian legal system and profession; systemic racism and inequity; practicing law and ceremony during a pandemic; new child welfare laws; incredible drum, flute and song performances; and more turtlenecks than we have ever seen at a single event. This week, we will share some highlights of the conference before we jump back into evaluating the TRC Calls to Action in healthcare.
(Illustration: “Meta” by Jason Sweeney)
Today, we will discuss the BC First Nations Justice Strategy as presented by Chief Doug White, Chair of the BC First Nations Justice Council.[1] Signed in March of 2020, the Strategy was jointly developed with the BC government to reform the current legal system, address its harms against Indigenous people, and restore Indigenous legal structures.[2]
The numbers presented by Chief White were staggering, but not surprising for anyone who has been paying attention. Across Canada, First Nations, Metis and Inuk people make up around 5% of the total population, but a disproportionate 30% of Canada’s incarcerated population.[3] For women and girls, the figures are even more alarming. Forty-two percent of all incarcerated women are Indigenous, and 60% of all girls in custody are Indigenous.[4] Indigenous people are also overrepresented as victims of crime, and underrepresented in roles of authority and responsibility.[5]
(Image: Office of the Correctional Investigator. (2020, January 21). Indigenous People in Federal Custody Surpasses 30%. Correctional Investigator Issues Statement and Challenge. https://www.oci-bec.gc.ca/cnt/comm/press/press20200121-eng.aspx)
Chief White attributes the worsening impact of the legal system on Indigenous people in BC to a variety of factors, including:
- improper implementation of the Gladue principles in sentencing,
- poor access to legal representation,
- defunding of Legal Aid and Native Community Law Offices,
as well as over-policing and under protection by police, as has been shown in reports like the AJI, RCAP, TRC and MMWIG.[6]
After the agreement to develop the Joint Strategy in 2017, a two year consultation and engagement process followed.[7] During that time, BC did not wait to begin making changes. Funding was immediately increased to improve access to Gladue reports at sentencing and bail hearings, and to begin establishing a network of 15 Indigenous justice centers to provide legal services for criminal, family and child protection matters.[8]
The 25 strategies outlined in the Joint Strategy are based on 4 pillars: Core Values; Structures and Processes; Roles, Responsibilities and Capacities; and Laws and Policies [9] Within each of the strategies are clear lines of action for implementation. However, many of those lines of action simply state that an action plan must be developed.[10]
The emphasis that the BC strategy places on Indigenous-led justice and community-based programming is promising, as is the focus on reforming the current justice model to incorporate more Indigenous perspectives. Team ReconciliAction will be watching the progress in BC as the province embarks on this joint process led by the BC First Nations Justice Council, and is looking forward to the impact of the new strategies on the Indigenous people who shared those lands with settlers. If the BC strategy is successful, we hope to see the other provinces in Canada adopting principles that restore First Nations legal orders and structures within their borders.
Until Next Time,
Team ReconciliAction YEG
1 Chief Doug White, BC First Nations Justice Strategy (Indigenous Bar Association Conference: Disrupted Systems, 2020).
2 BC First Nations Justice Council, BC First Nations Justice Strategy (British Columbia, 2020) online: https://www.bcafn.ca/sites/default/files/docs/news/First_Nations_Justice_Strategy_Feb_2020.pdf at 3.
3 Chief Doug White, supra note 1; See also Office of the Correctional Investigator Government of Canada, “Indigenous People in Federal Custody Surpasses 30% - Correctional Investigator Issues Statement and Challenge - Office of the Correctional Investigator”, (16 April 2020), online: <https://www.oci-bec.gc.ca/cnt/comm/press/press20200121-eng.aspx>.
4 Chief Doug White, supra note 1; See also The Native Women’s Association of Canada (NAWC), “Number of Incarcerated Indigenous Women at New High”, First Nations Drum Newspaper (22 January 2020), online: <http://www.firstnationsdrum.com/2020/01/number-of-incarcerated-indigenous-women-at-new-high/>.
5 BC First Nations Justice Council, supra note 2 at 20–22.
6 Chief Doug White, supra note 1.
7 BC First Nations Justice Council, supra note 2 at 8.
8 Chief Doug White, supra note 1.
9 BC First Nations Justice Council, supra note 2 at 5.
10 BC First Nations Justice Council, supra note 2 at 27, 28, 29, 31, 32, 38, 40, 48, 49, 51.
