Justice / Topics | Understanding Indigenous Reconciliation

Reconciliation in Justice

Justice is meant to uphold fairness and equality—but for Indigenous Peoples in Canada, the legal and criminal justice systems have long been sources of harm and injustice. From the overrepresentation of Indigenous people in prisons to the failure to protect Indigenous women and children, the current system continues to reflect colonial policies rather than reconciliation.

True reconciliation in justice means recognizing and repairing this legacy—and supporting Indigenous laws, traditions, and self-determination in legal matters.

A History of Injustice

Overrepresentation in Prisons
Indigenous adults represent over 30% of Canada’s incarcerated population—despite being less than 5% of the total population. Rates are even higher for Indigenous women and youth.
Systemic Racism in Policing and Courts
Indigenous people are more likely to be stopped, searched, charged, and sentenced harshly, often without adequate legal support or understanding of cultural context.
Neglected Victims
The justice system has failed to protect and seek justice for Indigenous victims—particularly in the crisis of Missing and Murdered Indigenous Women, Girls, and Two-Spirit people (MMIWG2S+).
Suppression of Indigenous Legal Traditions
Indigenous Nations have rich legal systems that predate colonial law, yet they have been sidelined or ignored by Canadian courts.

Indigenous Approaches to Justice

Many Indigenous cultures view justice not as punishment, but as restoration. Traditional systems emphasize:

Accountability and Healing
Justice is a process that restores balance to individuals and communities—not just punishment of wrongdoing.
Community Involvement
Elders, families, and communities often play a central role in resolving conflict and guiding people toward right relationships.
Respect for All Relations
Indigenous law is grounded in the belief that people are responsible to each other, their communities, and the land.

Principles for Reconciliation in Justice

Restore Indigenous Legal Systems
Recognize and support the resurgence of Indigenous laws and dispute resolution practices.
Reduce Incarceration and Promote Alternatives
Support restorative and community-based justice programs led by Indigenous communities.
End Systemic Racism
Reform police practices, court procedures, and sentencing to ensure fairness and cultural safety.
Justice for MMIWG2S+
Fully implement the Calls for Justice from the National Inquiry and prioritize protection and accountability.
Ensure Access to Justice
Provide culturally appropriate legal aid, translation services, and trauma-informed supports for Indigenous people.

What Reconciliation Requires

Funding and empowering Indigenous justice systems, courts, and legal traditions
Meaningful reform of the police, correctional, and judicial systems
Implementation of the Gladue Principles in sentencing
Full realization of the Truth and Reconciliation Commission (TRC) and MMIWG Calls to Action and Calls for Justice
Legal education reform to include Indigenous laws, treaties, and histories
Nation-to-Nation legal partnerships that recognize Indigenous jurisdiction

How You Can Help

Legal Professionals: Learn about and respect Indigenous legal traditions in your practice
Policy Makers: Create justice policies that support equity, prevention, and Indigenous leadership
Community Members: Support organizations that offer restorative justice, healing circles, and Indigenous-led legal aid
Students and Educators: Learn and teach about the history of colonial injustice and Indigenous approaches to justice
Everyone: Advocate for systemic change and support Indigenous calls for justice in your community

Justice is not truly served until it is just for everyone. Reconciliation in justice means transforming a system that has caused harm into one that upholds dignity, healing, and Indigenous sovereignty. Only then can we begin to build a society rooted in true equity and peace.