A Department of Justice report suggests expanding municipal-style court systems on First Nations could be beneficial but would require time and recognition from other levels of government.
Blacklock's Reporter says the study examined First Nations in four provinces that already enforce local bylaws on traffic, waste management, retail operations, and landlord-tenant disputes.
The report highlighted a key challenge: a lack of recognition for First Nations laws and bylaws from provincial governments, courts, the federal government, external police services, and even some members of Indigenous communities.
It emphasized that First Nations justice systems do not handle criminal cases, which remain under provincial jurisdiction.
“Given that all First Nations have distinct legal traditions, cultures, histories and languages, the First Nations’ representatives explained from their perspective that federal, provincial and territorial government should recognize the needs of First Nation justice systems are distinct from one Nation to another,” said the report, What We Learned: Discussions With Four First Nations About The Administration And Enforcement Of Their Laws And Bylaws.
The findings were based on records from the Tsawwassen First Nation in British Columbia, Tsuut’ina Nation in Alberta, Whitecap Dakota Nation in Saskatchewan, the Attorney General of Saskatchewan, and the Mohawks of Akwesasne in Québec.
The research aimed to explore ways to lower indigenous incarceration rates.
“When asked what their justice systems could look like outside of a Western context, representatives indicated the importance of the communities having control of their own justice systems with the autonomy to make decisions,” the report stated.
It also stressed the role of elders, culture, and language in indigenous justice.
A 2018 justice department report previously found indigenous Canadians were jailed at disproportionately higher rates, in part due to wrongful convictions and pressures to plead guilty. Many indigenous defendants pled guilty simply to resolve their cases quickly, particularly when denied bail.
Canadians remain divided on whether First Nations should administer their own justice systems, according to federal surveys.
A 2024 study found that 45% of respondents supported indigenous-run legal systems. Support was higher among indigenous respondents, including 70% of First Nations people and 57% of Métis, compared to 44% of white respondents.
