e-4083 (Indigenous affairs)

Responding with care and urgency to the Calls for Justice from the Final Report of the National Inquiry into Missing and Murdered Indigenous Women, Girls, and Two Spirit, lesbian, gay, bisexual, transgender, queer, questioning and intersex, asexual (2SLGBTQQIA+) People is a priority for the Government of Canada, working in collaboration with Indigenous partners and other orders of government.

As part of its contribution to the 2021 Federal Pathway to Address Missing and Murdered Indigenous Women, Girls and 2SLGBTQQIA+ People, the Public Safety portfolio has taken action in a number of critical areas that address a number of Calls for Justice within its purview:

Indigenous Policing and Community Safety

Budget 2021 announced $861 million over five years, beginning in 2021-22, and $145 million ongoing, to support culturally responsive policing and community safety services in Indigenous communities. One component of this historic investment included up to $64.6 million over five years, and $18.1 million ongoing, to enhance Indigenous-led crime prevention strategies and community safety services, including through the Aboriginal Community Safety Planning Initiative.

The purpose of the Initiative, created in 2010, is to directly support Indigenous community healing through a facilitated community-driven process that works to address multiple safety and wellness issues, as determined by the community using a community safety plan process. The plan reflects community safety challenges, community strengths, resources, and goals.

Dedicated, culturally responsive First Nations police services have illustrated a positive impact on community safety which is why Budget 2021 included funding to support Indigenous communities currently served by the First Nations and Inuit Policing Program and expand the program to new Indigenous communities. This includes funding to support pilot projects for Indigenous-led community safety officer programs. Likewise, achieving substantive equality for First Nation and Inuit police services includes policing infrastructure that is safe, modern, culturally appropriate and meets relevant provincial standards. Budget 2021 investments in the First Nation and Inuit Police Facilities Program directly support the improvement of policing infrastructure in First Nation and Inuit communities across Canada, assisting in closing a long-standing gap.

Also with funding from Budget 2021, the Government of Canada has begun work on the co-development of federal First Nations policing legislation and recently engaged with First Nations, Provinces and Territories, First Nations organizations, First Nations police services, First Nations police boards/commissions, First Nations women's organizations, First Nations youth organizations, First Nations 2SLGBTQQIA+ people and organizations, subject matter experts and others to support the co-development process. A “What We Heard” report was posted on the PS website on September 21, 2022 and legislation is expected to be introduced in 2023. Five key themes emerged from this engagement:

• Essential services: recognize First Nation Police Service (FNPS) as an essential service i.e. not a program; 
• Funding: establish funding that is adequate, stable, predictable, equitable, flexible and responsive to FNPS needs; First Nation Authority: recognize First Nations’ authority to direct policing and community safety priorities;
• First Nation Authority: recognize First Nations’ authority to direct policing and community safety priorities;
• Relationship-building: support relationship-building to provide holistic and community driven community safety interventions; and
• Roles: articulate federal, provincial and First Nations’ roles and responsibilities, and ensure compatibility with provincial legislation

To better understand and identify the unique policing and community safety priorities of other Indigenous groups, Public Safety Canada will also soon be launching distinctions-based dialogues with Inuit and Métis. The results of this dialogue process will serve as a key reference point for considering future developments for Inuit and Métis policing and community safety. 

Human Trafficking

Public Safety Canada, through the National Strategy to Combat Human Trafficking, is investing in trauma-informed and culturally relevant community-based projects, delivering an awareness campaign informed by Indigenous partners, establishing a survivors advisory committee, and developing survivor-centric Indigenous-specific guidelines for front-line community workers. Public Safety Canada is also supporting the Canadian Centre to End Human Trafficking that operates the Canadian Human Trafficking Hotline. The Hotline refers callers to local law enforcement, shelters, and other supports and services and is able to provide services in over 20 Indigenous languages.

Royal Canadian Mounted Police

Within the broader Public Safety portfolio, the Royal Canadian Mounted Police (RCMP) is committed to improving relationships with Indigenous communities, supporting survivors and families and ensuring that investigations are robust, professional and result in justice. The RCMP shares the concerns regarding high rates of violence against Indigenous women, girls, and 2SLGBTQQIA+ people and will continue to pursue and strive to improve upon investigative efforts, including in resource allocation and use, in relation to cases of missing and murdered Indigenous women and girls.

Following the release of the National Inquiry's Interim Report, the federal government invested $9.6 million over five years to create the National Office of Investigative Standards and Practices (NOISP) within the RCMP. The NOISP acts as an internal centre of expertise, coordination and national oversight for high profile and major case investigations. Within that mandate, a portion of the NOISP’s work focuses on cases involving Indigenous women, girls, and 2SLGBTQQIA+ people and other vulnerable populations who are overrepresented as victims of crime in RCMP jurisdictions. In particular, the NOISP has funded two positions dedicated to reviewing historical and new investigations. These members are integrated within homicide units to improve communication in the case of homicide investigations and are informing Major Crime Unit members on positive practices when working in Indigenous communities.

The RCMP has also reviewed more than 30,000 sexual assault files across Canada, leading to improvements in the way sexual assault investigations are conducted, while policies and procedures for missing person and sudden death investigations have been updated to improve quality, oversight and communication with families. New training has been developed on missing persons investigations, sexual offence investigations, and trauma-informed approaches, while the RCMP is also strengthening cultural awareness training for all employees.

The RCMP is also committed to addressing systemic racism through organizational culture change. The RCMP’s approach to addressing systemic racism was supported in the 2021l Budget, which allocated $75M over five years and $13.5M ongoing to support work to address this issue, including through the establishment of a cohesive Race-Based Data Collection Framework that will incorporate the collection and analysis of disaggregated data.

The Correctional Service of Canada

The Correctional Service of Canada (CSC) has also been taking action to address the Calls for Justice within its purview. For example, in an effort to increase capacity for Indigenous organizations to develop and deliver services to support the reintegration of Indigenous offenders upon release, CSC launched the Indigenous Offender Reintegration Contribution Program in September 2022. Culturally appropriate support services include projects that are led and designed by Indigenous organizations. These services consider Indigenous worldviews and specifically address the systemic and background factors leading to the overrepresentation of Indigenous offenders in the criminal justice system.

The CSC has also acted on the Call for Justice relating to the creation of a Deputy Commissioner for Indigenous Corrections. This role will ensure appropriate attention and accountability towards Indigenous issues in the correctional system, address the overrepresentation of Indigenous offenders, particularly women, and help CSC implement other Calls for Justice that fall within its purview. The new Deputy Commissioner position is expected to be filled in the near future.

The Government of Canada is committed to ending violence against Indigenous women, girls, and 2SLGBTQQIA+ people and will continue to work with Indigenous partners as well as other orders of government in determining where additional supports for community safety and well-being are needed, and to support victims, survivors and families.

Since the release of the National Inquiry's Final Report, the Government of Canada has taken concrete steps to respond to the Calls for Justice. The Justice theme of the 2021 Federal Pathway to Address Missing and Murdered Indigenous Women, Girls and 2SLGBTQQIA+ People, outlines key objectives and presents a clear pathway to their achievement, to increase access to justice, help eliminate systemic racism, and improve community safety and well-being. The Federal Pathway is the Government of Canada's contribution to the 2021 Missing and Murdered Indigenous Women, Girls and 2SLGBTQQIA+ National Action Plan: Ending Violence Against Indigenous Women, Girls, and 2SLGBTQQIA+ People, which is a major step in ending violence against Indigenous women, girls and 2SLGBTQQIA+ People.

The Department of Justice has taken a number of steps to respond to the Calls for Justice. For example, and as called for by the National Inquiry’s final report, the Department of Justice is leading on the implementation of the United Nations Declaration on the Rights of Indigenous Peoples Act, including developing an action plan to achieve the objectives of the UN Declaration. The Department of Justice also continues to support self-determination and self-governance of Indigenous Peoples through negotiated administration of justice agreements, as well as through collaboration with Indigenous peoples to revitalize their legal systems.

The Department of Justice is also currently consulting and cooperating with Indigenous Peoples and provinces and territories on the development of an Indigenous Justice Strategy that will be informed by the National Inquiry into Missing and Murdered Indigenous Women and Girls findings (along with those of the Truth and Reconciliation Commission and other relevant reports). The Strategy is intended to help address systemic racism against Indigenous Peoples and reduce their overrepresentation in the criminal justice system. Budget 2021 allocated $11 million over three years to fund Indigenous-led engagements as part of this process, through which the Department of Justice is supporting a number of Indigenous women’s organizations, among others.

In addition, the 2020 Fiscal Economic Statement allocated $49.3 million over 5 years to support broader implementation of Gladue Principles, which will contribute to addressing systemic barriers, increasing the involvement of Indigenous communities in rehabilitating offenders and reducing the risk of future harm, including to Indigenous women who find themselves caught up in the criminal justice system. Budget 2021 helped to expand the Indigenous Courtwork Program to include Indigenous family-specific courtwork services and the Indigenous Justice Program to enhance the capacity of Indigenous-led community-based restorative justice programs, including in the areas of civil and family mediation and working with victims of crime.

On November 17, 2022, Parliament adopted Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act, to repeal certain mandatory minimum penalties, increase the availability of conditional sentences and encourage diversion for those found in simple possession of drugs. These changes allow courts to impose sentences that maintain public safety, while addressing overrepresentation of Indigenous People in the criminal justice system.

In 2019, former Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts, came into effect. Budget 2022 earmarked an additional $60 million in 2023-24 to increase the federal contribution to criminal legal aid services to address the overrepresentation of vulnerable individuals, including Indigenous women, before the criminal courts. Among other reforms, former Bill C-75 introduced a requirement in section 493.2(a) of the Criminal Code for judges to give particular attention to the circumstances of Indigenous accused in bail decisions.

On January 10, 2023, the Honourable Marc Miller, Minister of Crown–Indigenous Relations, hosted a national roundtable in partnership with Indigenous survivors, families, leaders, and partners, as well as with provinces and territories, and other federal ministers, to implement the National Action Plan and the Federal Pathway to make the transformational change needed and ensure communities across Canada are safer. Minister Miller announced the appointment of Jennifer Moore Rattray as the Ministerial Special Representative who will provide advice and recommendations, through engagement with Survivors, families, Indigenous partners and organizations, in support of Call for Justice 1.7 to create an Indigenous and Human Rights Ombudsperson.