The Canadian Human Rights Commission is urging the federal government to recognize the validity of indigenous laws, arguing communities affected by what it calls environmental racism have too few ways to seek justice.In a submission to the Department of Environment, the commission said indigenous legal traditions and knowledge are often treated as less legitimate than Canadian law."Indigenous ways of life and Indigenous laws are not seen as valid as Canadian law," the commission wrote.The report said communities facing environmental racism, including First Nations dealing with boil water advisories, lack appropriate venues to file complaints, seek oversight or obtain remedies."Communities experiencing issues of environmental racism in Canada do not have available to them appropriate venues to access justice," the submission said.The commission said there is no single responsible government body where affected communities can report environmental racism or seek help addressing it.Blacklock's Reporter said the submission linked the issue to colonialism, saying Canada's systems and institutions have created power imbalances that affect indigenous communities."Colonialism is deeply rooted within the systems and structures in Canada, creating power imbalances that directly connect to environmental racism," the commission wrote.The report said the commission heard from experts that colonialism contributes to the erasure of indigenous knowledge, culture and the right of indigenous peoples to protect land.The commission did not explain how indigenous laws would be applied, enforced or reconciled with existing Canadian legal systems..A 2024 Department of Justice report found Canadians divided over whether indigenous communities should administer their own legal systems and enforce laws and bylaws on their own lands.Slightly less than half of respondents, 45%, agreed indigenous people in Canada should be able to administer their own legal systems, according to the report.Support was higher among indigenous respondents, with 70% of First Nations respondents and 57% of Métis respondents agreeing, compared with 44% of white respondents.A separate 2025 Justice Department report noted indigenous legal customs are often unwritten and vary by community.That report said one of the greatest challenges to advancing First Nations justice systems is the lack of recognition of First Nations laws and bylaws by provincial governments, courts, the federal government, police services and even some community members.The report said First Nations representatives argued governments should recognize that justice systems differ from one nation to another because each has distinct legal traditions, cultures, histories and languages.The findings were based on discussions involving the Tsawwassen First Nation in British Columbia, Tsuut'ina Nation in Alberta, Whitecap Dakota Nation in Saskatchewan and Mohawks of Akwesasne in Quebec.
