Justice Canada found support among Canadians for indigenous courts was low, according to Blacklock’s Reporter. “When asked whether indigenous people in Canada should be able to administer their own legal systems of justice, including enforcing indigenous laws and bylaws on their own land, slightly less than half of respondents agreed (45%),” said Justice Canada in a report. “Indigenous respondents including First Nations (70%) and Metis (57%) were more likely than white respondents (44%) to agree indigenous people should administer their own legal systems.”No reason was given for polling on indigenous courts. Justice Canada paid a $500,000 grant to Secwepemc First Nation in 2021 to implement its laws in the Shuswap Nation. Former Secwepemc First Nation chief Wayne Christian said in its oral history, its laws were embedded. “It’s our laws,” said Christian.“We have legal traditions.”When indigenous people look at the past, Christian said they “do know and understand we actually had Indian courts, we had our own jails, we had our own police.” He added indigenous people had their own process for sentencing and that was right up until white law was imposed before it was taken away. “People think we’re a lawless, savage people and that’s not true,” said Christian. “Our people were very highly organized and had legal processes looking after each other.”Christian concluded by saying indigenous people “treat each other as equals and share in everything 50/50.” This concept remains with them today, despite them having suffered for more than 150 years. “We have not deviated from the principle of co-existence,” he said. The Supreme Court of Canada (SCC) ruled against the Quebec government and affirmed the Indigenous Child Welfare Act (ICWA) was constitutional on February 9, ensuring First Nations, Metis and Inuit people have sole authority over the protection of their children.READ MORE: Supreme Court says federal law justifiably excludes provinces from indigenous child welfare programsIn 2022, the Quebec Court of Appeal found parts of the ICWA overstepped federal jurisdiction. The SCC overruled this in a unanimous decision and upheld the entirety of Bill C-92. Bill C-92 affirmed indigenous people have an inherent right of self-government that includes control over child and family services.Findings were drawn from questionnaires with 4,487 people nationwide. Pollsters with Advanis Inc. were paid $102,183 for the study.
