Executive Summary

The intent of this project was to identify serious legal issues that Métis individuals in northern Canada may encounter, how they deal with them and the impact the issues have on them. It is believed that experiences in Canada’s North differ quite significantly from those in the South and these stories need to be heard. It is hoped that the results of this work will enhance understanding of the experiences these individuals encounter related to their serious legal problems.

Interviews were undertaken with ten individuals living in the Northwest Territories (NWT) who self-identify as Métis. In addition, five service providers were interviewed including an individual working in restorative justice, two individuals in different communities who work in victim services, a front line worker providing supports to individuals having complex needs and an individual working with victims of crime. The intent of the interviews was to identify the types of legal issues their clients were dealing with and how these issues were resolved. Furthermore, the service providers identified barriers clients encountered and the challenges they faced in providing services and supports.

According to the NWT Bureau of Statistics June 2021 estimates, the population of the NWT is 45,504. Approximately 50% of the NWT population is Indigenous. The largest Indigenous group is Dene (14,857), followed by Inuit (5,273) and Métis (2,594). The Territory is divided into six regions within which there are approximately 33 communities. Approximately half of the population lives in the City of Yellowknife (21,775) of which approximately 75% are non-Indigenous.

What types of problems have the participants experienced in the last three years?

The Métis individuals interviewed experienced a range of issues related to employment, housing, challenges with neighbours, the provision of health care and dealing with the burden of debt. One theme that runs through all of the interviews is that these individuals have had to deal with discriminatory practices as part of everyday life.

Although the service providers identified legal issues ranging from mischief to sexual assault, the examples they provided echoed the same underlying themes of systemic discrimination and disrespect.

How have the participants tried to resolve their problems? What have been the outcomes of these efforts?

Individuals approached Territorial organizations for resolution and, while some of their challenges were resolved, most were not. Those that were resolved resulted from personal determination and, in some cases, outside support. For those not resolved, individuals continued to struggle for resolution, while others have given up.

The service providers noted how people’s confidence was often eroded to a point where they would become unable to be their own advocates. They also explained the importance of the NWT context, including the small size of communities that frequently lacked resources and supports for those facing legal issues.

Have the participants resolved their problems through recourse to the formal legal system? If not, why not?

In some cases, resolution occurred as a result of ongoing contact and dogged determination rather than through the formal legal system. While there were instances of challenges that could be resolved through the formal legal system, the lack of financial resources and mistrust of the system itself, made it difficult for individuals to pursue formal legal action.

Service providers mentioned how individuals are confused and/or do not understand the justice system. The impact of colonization, residential schools and life experiences, including discrimination, have left many Indigenous people with a lack of confidence in themselves and mistrust in the justice system. Furthermore, the small size of many of the communities results in individuals not pursuing resolution in order to avoid community sanctions.

What has been the impact of these problems on the participants – for example, financially, mentally and physically?

These were serious legal issues for these Métis individuals who, in many instances, felt invisible and disrespected. The impact of each situation on the individuals and families was multi-faceted and severe, including negative impacts on their health and well-being, as well as their financial situation. According to service providers, people’s confidence was often eroded to a point where they would become unable to be their own advocates.

The stories told by Métis people in the NWT speak to system failure, particularly regarding Indigenous peoples. The legacy of colonialism is pervasive and manifests itself in systemic racism and discrimination at many levels.