e-4685 (Indigenous affairs)

The Government of Canada is committed to working collaboratively with Indigenous communities to fully implement the Calls to Action of the Truth and Reconciliation Commission’s Final Report. Of the 94 Calls to Action, 76 are shared or are the sole responsibility of the federal government, while 18 call upon civil society organizations, schools, churches, and corporations to advance reconciliation.

Canada has made progress on a number of Calls to Action, including through advancing historical legislation. The legislation to establish the National Day for Truth and Reconciliation (Call to Action 80), received Royal Assent on June 3, 2021, and the second National Day for Truth and Reconciliation, as an official federal statutory holiday, was observed on September 30, 2022. An Act to amend the Oath to Citizenship (Call to Action 94) received Royal Assent on June 21, 2021. Further, on June 21, 2021, an Act Respecting the United Nations Declaration on the Rights of Indigenous Peoples (Call to Action 43), received Royal Assent. This legislation, developed in collaboration with Indigenous peoples across the country, provides a pathway for the fulfillment of Calls to Action 43 and 44 at the federal level in consultation and cooperation with Indigenous peoples through the alignment of laws, the development of an action plan, and the tabling of annual reports on the progress of implementation.

In addition, out of the 76 Calls to Action that are under shared or sole responsibility of the federal government, a total of 19 are complete, including the following from 43-94:  62 (iii), 67, 68, 70, 78, 80, 83, 84, 87, and 94. Since the release of Truth and Reconciliation Commission’s Final Report in December 2015, over 85 percent of the Calls to Action, that are under sole or shared federal responsibility, are complete or well underway. The webpage entitled Delivering on Truth and Reconciliation Commission Calls to Action provides more detailed information on how Canada is implementing the Calls to Action, and is located at: https://www.rcaanc-cirnac.gc.ca/eng/1524494530110/1557511412801.

Enhanced accountability for reconciliation in Canada will also be driven by the establishment of the National Council for Reconciliation. Bill C-29, an Act to provide for the establishment of a national council for reconciliation, is before the House of Commons for concurrence. If passed, it would address Call to Action 53 and position the Government of Canada to address Calls to Action 54-56. The Council’s core mandate would be to ensure the Government of Canada's accountability for reconciling the relationship with Indigenous Peoples and implementing the Calls to Action. Establishing the Council is one of the many actions that the Government of Canada is taking to advance reconciliation.

To specifically respond to Calls to Action 2, 9, 19, and 30, the Government of Canada is also taking crucial steps to ensure completion. With respect to Call to Action 2, Indigenous Services Canada is developing a data and reporting strategy with provinces, territories, and Indigenous partners to fill data and knowledge gaps. The Government of Canada is committed to a partnership approach to data development that respects co-development and addresses the need for national standards to ensure the information collected is relevant and meets the needs and priorities of Indigenous peoples. 

To address Call to Action 9, Indigenous Services Canada regularly publishes information on educational attainment gaps between Indigenous and non-Indigenous people in Canada. The Department’s 2023 Report to Parliament includes information on the proportion of the population with a university degree, and on educational attainment gaps among those 25–64 years of age with at least a high school education. Additional information, including about program funding, is available through Indigenous Services Canada’s annual Departmental Results Report and its Departmental Plan.

The Government of Canada also plans on continuing work to support Call to Action 19 including: working with the First Nations Information Governance Centre on a mental wellness report focusing on resilience for First Nations living on reserve and in northern communities, which is expected to be completed in 2025, and expanding the Health Inequalities Reporting Initiative data tool with new and updated data points, and monitoring changes over time in inequalities in social determinants of health and health outcomes in Canada. These activities will help capture key health priorities for First Nations, Inuit, and Métis.

In regards to Call to Action 30, the Government of Canada recognizes that the overrepresentation of Indigenous people in the justice system is a serious and complex issue, rooted in systemic discrimination and the legacy of colonialism. The Indigenous Justice Strategy, being led by Justice Canada will respond to a number of Calls to Action from the Truth and Reconciliation Commission, including Call to Justice 30 that relates to addressing systemic discrimination and the overrepresentation of Indigenous people in the Canadian justice system, both as victims and offenders. In consultation and cooperation with First Nations, Inuit and Métis, the Indigenous Justice Strategy is intended to be broad and inclusive and respect the rights of Indigenous peoples in Canada to participate in decision-making that could impact them and their communities. There is a recognition that the goal of the Indigenous Justice Strategy should be to create the space and funding needed for Indigenous justice systems and communities to thrive.

Further, as per the Commissioner’s mandate letter, section 81 and 84 of the Corrections and Conditional Release Act (CCRA) are identified as key Correctional Services Canada priorities, and concerted efforts are underway towards implementing these sections to their full legislative intent. Correctional Services Canada has developed a strategic action plan to maximize the utilization of existing agreements pursuant to section 81 of the CCRA, and to expand the involvement of Indigenous partners in the care, custody, and preparation for release of Indigenous federally incarcerated individuals. Correctional Service of Canada also regularly collects and reports on data related to Indigenous people to monitor and evaluate progress towards addressing Indigenous overrepresentation through its internal reporting tools and external public-facing tools. 

Lastly, in 2023, Correctional Services Canada appointed the first Deputy Commissioner for Indigenous Corrections to ensure appropriate attention and accountability for Indigenous issues, including the overrepresentation of federally sentenced Indigenous people, through the revitalization, development, and implementation of operational policies, approaches, and processes.

In closing, the Government of Canada is committed to working collaboratively across departments and agencies, and with Indigenous communities to fully implement the Calls to Action of the Truth and Reconciliation Commission’s Final Report.

The Government of Canada remains committed to advancing reconciliation, closing gaps in health outcomes between Indigenous and non-Indigenous communities and implementing Truth and Reconciliation Commission Calls to Action.

With respect to Call to Action 19, the Government of Canada has made historic investments geared towards strengthening Canada’s health care system and reducing health inequities. In February 2023, the Government of Canada announced an investment of close to $200 billion over 10 years, including $46.2 billion in new funding for provinces and territories, to improve health care services for Canadians. This includes providing $25 billion over 10 years to provinces and territories to support shared health priorities through tailored bilateral agreements, and $2 billion over 10 years through the new Indigenous Health Equity Fund, to address unique challenges Indigenous Peoples face when it comes to fair and equitable access to quality and culturally safe health care services. In the development of these bilateral agreements and their associated action plans, trilateral discussions have been convened with regional First Nations, Inuit, and Métis leaders to provide opportunities for them to share their perspectives and priorities. These leaders have identified the need for capturing data by Indigenous identifiers as a priority for both planning and evaluation of health services for Indigenous populations. The Canadian Institute for Health Information is leading work with provinces and territories and Indigenous partners to develop meaningful indicators with available data to report to the people of Canada. This will be critical in ensuring action plan commitments by provinces and territories are achieving intended outcomes for Indigenous people.

In addition, the Government of Canada has also taken steps to combat anti-Indigenous racism. From 2020 to 2023, the Government of Canada convened four National Dialogues that brought together federal and provincial governments, National Indigenous Organizations, Indigenous health professional organizations, and health systems partners to discuss measures to address anti-Indigenous racism in Canada's health systems. These discussions provided an opportunity for Indigenous partners to share the perspectives and lived experiences of Indigenous peoples and communities and identify meaningful measures to close identified gaps related to Indigenous health outcomes and anti-Indigenous racism. Budget 2021 also provided $126.7 million over three years for Indigenous Services Canada and Health Canada to implement a suite of measures to address anti-Indigenous racism in Canada’s health systems. This included $14.9 million over three years for Health Canada to establish a new Addressing Racism and Discrimination in Canada’s Health Systems Program to help foster health systems free from racism and discrimination. Funding has been awarded to successful applicants and projects are in the process of being implemented.

The Health Portfolio also continues to engage with Indigenous partners to advance shared priorities and seek input on specific initiatives. As one example, Health Canada is working with Indigenous partners to ensure that First Nations, Inuit, and Métis perspectives are taken into account with respect to end-of-life care, including palliative care and medical assistance in dying (MAID) policy, planning and delivery. A two-year engagement process is currently underway to hear the perspectives of First Nations, Inuit and Métis, including urban Indigenous people, non-status/off-reserve Indigenous people, and Two-Spirit, LGBTQQIA+ and gender-diverse Indigenous people. This engagement is also aligned with shared priority #83 of the United Nations Declaration on the Rights of Indigenous Peoples Act Action Plan 2023-2028. The Government of Canada also plans on continuing working with the First Nations Information Governance Centre on a mental wellnessreport focusing on resilience for First Nations living on reserve and in northern communities, which is expected to be completed in 2025 and expanding the Health Inequalities Reporting Initiative data tool with new and updated data points and monitoring changes over time in inequalities in social determinants of health and health outcomes in Canada. These activities will help capture key health priorities for First Nations, Inuit, and Métis.

Through the Canadian Institutes of Health Research (CIHR), the Government of Canada continues to work closely with Indigenous communities to build capacity for relevant and appropriate health research and knowledge translation, which is critical to identifying and supporting continued improvements in health services and closing the gaps in health outcomes. CIHR is investing in impactful strategic initiatives developed by and with Indigenous Peoples to ensure its investment in Indigenous health research reaches a minimum of 4.6% of CIHR's Grants and Awards annual budget (proportional to Canada's Indigenous population in 2016). In the 2022-2023 fiscal year, CIHR investments in Indigenous health research reached 4.7%, which represents an investment of over $60M in funding. As part of these funds, CIHR is supporting the Network Environments for Indigenous Health Research program, which represents a $101 million investment over 16 years to provide supportive research environments for Indigenous health research driven by, and grounded in, Indigenous communities in Canada. CIHR is also investing $6.4 million over three years to establish an Inuit Research Network in partnership with Inuit Tapiriit Kanatami to strengthen capacity for Inuit-led research and support existing and new research initiatives that address Inuit needs and foster inter-disciplinary connections.

The overrepresentation of Indigenous people in the Canadian criminal justice system, as both incarcerated individuals and as victims of crime, is a systemic issue rooted in historical and ongoing factors such as colonialism, intergenerational trauma, socio-economic disparities, and discriminatory practices within the legal system. That is why our Government has taken concrete steps to develop an Indigenous Justice Strategy (IJS), in consultation and cooperation with First Nations, Inuit and Métis. This work is also being advanced in close collaboration with provinces and territories given their key role and jurisdiction in relation to the administration of justice in Canada.

As a specific investment, Budget 2021 provided $11 million over three years to support Indigenous-led engagement to ensure the IJS is developed in consultation and collaboration with Indigenous peoples across Canada. This Indigenous-led engagement aims to identify the legislative, program, and policy initiatives needed to address systemic discrimination and overrepresentation of Indigenous people in the justice system.

In addition, our Government has advanced legislative initiatives in support of Call to Action 30 to address overrepresentation, such as 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 in 2018. Enacted in 2019, this legislation made changes to the bail system and provided a new tool to address administration of justice charges to help reduce overrepresentation, including the overrepresentation of Indigenous people in the criminal justice system.

Reforms enacted by Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act, which received Royal Assent on November 17, 2022, repealed some of the mandatory minimum penalties and limitations on the availability of community-based sentences. Those penalties and limitations in the criminal justice system notably disproportionately impacted Indigenous people. These reforms increased judicial discretion to allow courts to consider Gladue reports, which inform courts on the circumstances of Indigenous offenders and support the determination of fit sentences. Bill C-5 also amended the Controlled Drugs and Substances Act (CDSA) to add a list of guiding principles that recognize that problematic substance use should be addressed primarily as a health and social issue and require police and prosecutors to consider the use of warnings, referrals, and alternative measures in order to divert cases of simple drug possession away from the criminal justice system.

Budget 2022 provided $60 million in 2023-24 to increase the federal contribution to criminal legal aid services to address overrepresentation in the criminal justice system, including of Indigenous people. Moreover, our Government provides funding through the Indigenous Justice Program (IJP) to Indigenous-led community-based justice programs. These community programs offer alternatives to mainstream justice processes in appropriate circumstances and contribute to addressing the overrepresentation of Indigenous people in the criminal justice system, both as victims and offenders. A recidivism study done as part of the IJP’s 2021 evaluation found that over 88% of IJP program participants had not reoffended two years following participation. Additionally, an estimated 90% of clients successfully complete their programming. The other investments include:

• The 2020 Fall Economic Statement provided $49.3 million to support the implementation of Gladue principles in the mainstream justice system across Canada and Indigenous-led responses to help reduce the overrepresentation of Indigenous peoples in the justice system. Justice Canada provided additional funds to the governments of British Columbia, Alberta, Ontario, Quebec, Nova Scotia, PEI and the Yukon to expand the availability of Gladue reports. It has also provided funding to the Council of Yukon First Nations; Mi’gmawe’l Tplu’taqnn Inc. in New Brunswick; the Southern Chiefs Organization in Manitoba; the Mi’Kmaq Confederacy of Prince Edward Island; and the Mi’kmaq Legal Support Network to develop community-led Gladue report delivery models; and to Animikii and Legal Aid BC, to translate Gladue training materials into French.
• Budget 2021 provided $27.1 million over three years to the IJP and the Indigenous Courtwork Program (ICW) to help Indigenous families navigate the family justice system and access community-based civil and family mediation services. This funding supports communities in resolving conflicts, including those involving at-risk youth, and in providing opportunities for parents to resolve their disputes, including parenting arrangements, more peacefully.
• To date, Justice Canada, through the ICW, has provided additional funding to the governments of Northwest Territories, Yukon, Alberta, Saskatchewan, Ontario, and Quebec to expand Indigenous Family Courtwork services. In addition, Justice Canada provided funding to the Yorkton Tribal Council, the Prince Albert Indian Metis Friendship Centre and the Yorkton Tribal Council Community Corrections Society in Saskatchewan; Siksika Nation, and the Native Counselling Services in Alberta; the Native Counselling and Courtworkers of British Columbia; the Mi’Kmaq Confederacy of Prince Edward Island; and Services parajudiciaires autochtones du Québec to expand or develop family courtwork services.

With respect to the Truth and Reconciliation Commission’s Call to Action 30, Public Safety Canada’s (PS) Indigenous Community Corrections Initiative (ICCI) seeks to address the overrepresentation of Indigenous peoples within the Canadian criminal justice system by supporting alternative measures to incarceration and reintegration projects for Indigenous offenders. In February 2023, the ICCI was renewed with an expanded program scope, as well as additional support, to create tailored opportunities for Indigenous women and 2SLGBTQI+ peoples. The ICCI has received an overall total of $56 million over five fiscal years, starting in 2023-24. Projects funded through the ICCI will provide culturally relevant services and activities that range from capacity building and training, knowledge building, knowledge sharing, project development and the implementation of direct interventions. In the long term, it is anticipated that these projects will contribute to a decrease in the number of incarcerated Indigenous peoples and reduce rates of recidivism.

Between March and June 2023, the ICCI held a national Call for Applications to support communities and organizations working to reintegrate Indigenous offenders and/or offer alternative measures to incarceration. The Call allowed eligible recipients (i.e., Indigenous not-for-profit organizations (on and off-reserve, First Nation, non-status Indian, Métis, Inuit and urban); municipal and other governments working in collaboration with Indigenous organizations and/or communities; Indigenous governments; and Canadian universities and colleges) to submit an application. As of March 15, 2024, PS is working to finalize the evaluation of proposals to ascertain both eligibility and compliance against the programs’ Terms and Conditions, and efforts are being made towards ensuring the project implementation phase begins in fiscal year 2024-25.

In parallel to project implementation, program-level and participant-level disaggregated data will be collected to further inform the development of the ICCI and develop a gendered, culturally-responsive and intersectional knowledge base. In this vein, a Letter of Agreement has been signed between PS and Statistics Canada to support the production of comprehensive recidivism and recontact data across federal, provincial, and territorial jurisdictions, as well as criminal justice sectors. This joint initiative will track progress on the ICCI-funded reintegration implementation projects (e.g., 5-year projects) to determine the effectiveness of the ICCI-funded programming and its subcomponents (i.e., characteristics of ICCI participants, when available and feasible) in reducing recidivism for justice-involved Indigenous offenders.

The ICCI is also embedded within the Implementation Plan of the Federal Framework to Reduce Recidivism (the Framework). Along with many other actions included as part of the Implementation Plan, the ICCI is identified as an important initiative that provides culturally relevant supports to help address the overrepresentation of Indigenous peoples in Canada’s criminal justice system. The Framework, through its five pillars (i.e., housing, education, employment, health, and positive support networks), acts as the first step in identifying crucial factors that impact why people reoffend and how to support safe and successful reintegration into the community.

On a related note, Correctional Services Canada (CSC) has also developed strategic activities that respond to the Truth and Reconciliation Commission’s Call to Action 30. This includes working with and funding Indigenous organizations and communities, creating additional agreements in accordance with section 81 of the Corrections and Conditional Release Act (CCRA) to ensure that federally sentenced Indigenous people have access to culturally responsive programming and supports to expedite their safe return to the community. Additionally, CSC regularly collects and reports on data related to Indigenous people to monitor and evaluate progress towards addressing Indigenous overrepresentation through its internal reporting tools and external public-facing tools.