Northern Directions:
A Policy Vision for Justice in the North - A Justice Canada Discussion Paper

March 2006

Key Challenges For The Delivery of The Justice Mandate in The North

The Department faces complex challenges in carrying out its mandate. We are continually aware that we carry out our work in the long shadow of the colonial history of the federal government’s relations with the Aboriginal peoples on the North.  We acknowledge this history and the relationship of distrust that it has bred. Armed with the lessons of the past, we seek ways to move forward to build and maintain stronger and healthier relations between government and First Nations, Métis and Inuit people of the North.

The Justice mandate is carried out in the context of living standards and social, economic and health conditions of Aboriginal people that have historically been and remain far below the standards expected for all Canadians. In the context of a northern society characterized by an extreme gap of wealth, these factors contribute to high crime rates, social and family dysfunction and lead to the well-documented overrepresentation of Aboriginal northerners at all stages of the justice system. For example, in 2004 rates of criminal offences in the territories were from 2.9 to 4.6 times the national rates. In the case of violent crimes, the territorial rates were from 3.4 to 8.3 times the rate for Canada.[2]

Of primary concern to the Department is the persistently high incidence of violence against women and children, in particular, rates of sexual and domestic violence. The phenomenon of violence against women is chronic and has historically been resistant to efforts by government agencies to address it effectively. A major impediment to efforts to reduce violence is the lack of social and health resources to victims, families and perpetrators of violence in all three territories. The lack of support services in a community can limit the ability of the court and prosecution to craft meaningful and safe non-custodial sentences in cases that would otherwise be appropriate.

Other issues such as cultural and linguistic differences, the need to increase diversity hiring, the harsh geography and climate, the challenges of circuit courts and the elevated costs of doing business in the North maintain pressure on the Department.

Questions for Discussion:

• How can Justice Canada contribute to a more effective and fair justice system for the North?
• What are the most important northern justice issues that should be addressed by Justice Canada?
• What are the most important justice issues experienced by Aboriginal and Inuit northerners?

[2] Canadian Centre for Justice Statistics Juristat: Vol.25, no. 5, Crime Statistics in Canada, 2004.

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