The Trudeau government’s “Indigenous Justice Strategy” proposes radical reforms to Canada’s criminal justice system to address so-called “systemic racism” and Indigenous overrepresentation among offenders.
The strategy calls for community-run alternatives to pre-sentencing and post-sentencing correctional facilities, exclusive social programs for Indigenous inmates, and mandating positive bias towards Indigenous offenders in the justice system.
In Jan. 2021, Prime Minister Justin Trudeau ordered the Ministry of Justice to develop a plan to ameliorate outcomes for Indigenous Canadians in the criminal justice system.
The newly unveiled Indigenous Justice Strategy is the product of over four years of work by Justice Canada and several Indigenous groups who identified key issues the government should address.
One of the plan’s key recommendations is a call for the government to develop Indigenous community justice centres, where Indigenous Canadians could access “culturally safe and appropriate” services, case management services, and Gladue report writing services. Glaude reports are a pre-sentencing and bail process that empowers judges to consider systemic racism as a mitigating factor, often resulting in lighter sentences for Indigenous offenders.
The strategy urges the government to standardize how Gladue reports are produced so that Indigenous offenders have an easier time qualifying for the process.
Recommendations also demand that the government amend the security classification process for First Nations inmates, reducing the criteria to qualify for lower security classifications to address “systemic discrimination.”
First Nations further demanded a unique set of reforms and programs, including expanding the use of healing lodges for First Nations offenders.
There are currently 10 minimum and medium security healing lodges in Canada where primarily Indigenous are assigned to undertake a “healing journey” prescribed by Indigenous spiritual practices.
Offenders at healing lodges are taught about Indigenous cultural heritage and practices, participate in traditional ceremonies, and are encouraged to participate in programming to connect with nature by gardening or going on walks.
The Inuit are also demanding their own healing lodges to serve Inuit offenders along with other support for soon to be released criminals including transitional housing.
Minister of Justice Arif Virani said that the Indigenous Justice Strategy will help address Indigenous Canadian overrepresentation in the criminal justice system, which he claims has been caused by decades of systemic discrimination.
“Canada’s first-ever Indigenous Justice Strategy is a crucial step forward to address longstanding and systemic discrimination and racism in Canada’s justice system,” said Virani.
“Experience has taught us that we will only make real progress in addressing overrepresentation of Indigenous peoples in the criminal justice system if we work holistically, across the entire justice system.”
Cindy Woodhouse Nepinak, the national chief of the Assembly of First Nations said that this strategy is the result of several years of lobbying the government for reforms to the criminal justice system.
“First Nations have long called for action to address the deep injustices within Canada’s legal system, including the overrepresentation of our people and the systemic discrimination that continues to harm our Nations. The Indigenous Justice Strategy reflects years of advocacy and the direction set by First Nations-in-Assembly to push for that meaningful change,” said Nepinak.
The release of the Indigenous Justice Strategy comes after the Trudeau government has been spearheading criminal justice reforms to institutionalize positive biases on behalf of minorities.
The Trudeau government recently released the implementation plan for their Black Justice Strategy – a similar project aimed at addressing systemic racism against Black Canadians by implementing several racially preferential criminal justice reforms and exclusive social programs.