441-00772 (Indigenous affairs)

On June 21st, 2021, the United Nations Declaration on the Rights of Indigenous Peoples Act received Royal Assent and came into force. The Act provides a roadmap for the Government of Canada and Indigenous peoples to work together to implement the Declaration based on lasting reconciliation, healing, and cooperative relations. The first annual progress report on implementation of the Act was tabled in the House of Commons on June 21, 2022.

Federal, provincial and territorial levels of government are responsible for enacting legislation that facilitates the empanelment of impartial, representative and competent juries. At the federal level, recent steps taken by the Government in this area include introducing legislation that was passed by Parliament (former Bill C-75), which included several Criminal Code amendments to improve the jury selection process. Notably, peremptory challenges were abolished. This change addressed concerns about the discriminatory use of peremptory challenges identified in several reports, including the Honourable Frank Iacobucci’s report First Nations Representation on Ontario Juries.

The overrepresentation of Indigenous people in the criminal justice system is a serious and complex issue rooted in systemic discrimination and the legacy of colonialism. The Government of Canada introduced Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act, as an important step in addressing systemic issues related to existing sentencing policies. These reforms would, among other things, repeal a number of mandatory minimum penalties and remove restrictions on the availability of conditional sentences.

The Government continues to work to end violence against Indigenous women, girls, and Two Spirit, Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Plus (2SLGBTQI+) people. The Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls, as well as the findings of the Truth and Reconciliation Commission, highlighted the nature and scope of violence experienced by Indigenous peoples and outlined pathways and actions to end this national tragedy. A National Action Plan was released on June 3, 2021, which included the Federal Pathway—the federal component of the National Action Plan. The Federal Pathway outlines the Government of Canada’s commitments for moving forward with a focus on culture, health and wellness, human safety and security, and justice. An update on the Federal Pathway was released on June 3, 2022, which reported on recent federal actions, as well as acknowledging the ongoing efforts required to meet our shared objective of protecting Indigenous women, girls and 2SLGBTQI+) people and addressing the root causes of violence.

The Government of Canada is working on the development of an Indigenous Justice Strategy in consultation and cooperation with Indigenous partners, and the provinces and territories. 

The Government of Canada will continue to address the issues raised by the Truth and Reconciliation Commission and work on implementing the Calls to Action as a vital part of advancing reconciliation.