The relationship between the Canadian justice system and Indigenous peoples raises complex and sensitive legal issues. These issues touch on history, culture, and fundamental rights. Thus, an adapted legal approach remains essential to ensure equity and mutual understanding. Our firm supports individuals from Indigenous peoples with rigor, respect, and sensitivity to cultural realities.

Who are Indigenous peoples in Quebec and Canada?

In Canada, Indigenous peoples represent approximately 5% of the total population. In Quebec, First Nations and Inuit make up about 2% of the Quebec population.

First Nations present in Quebec include, in particular, the Abenaki, Algonquin, Atikamekw, Cree, Huron-Wendat, Innu, Maliseet, Mi’kmaq, Mohawk, and Naskapi. Inuit are an Indigenous people of the Arctic.

Social realities marked by inequalities

Several data points illustrate the systemic imbalances faced by Indigenous communities :

• Nearly 47% of adults from First Nations live below the low-income threshold;
• More than 60% of Indigenous women have been victims of physical or sexual violence;
• More than 30% of the federal prison population is of Indigenous origin
• Nearly 50% of the female prison population is composed of Indigenous women.

A different conception of family and community

The Indigenous conception of family differs greatly from the Western model. It goes beyond the parent-child unit to include grandparents, cousins, close friends, and community members.

Responsibilities related to the care and education of children are collective and continuous, based on a non-coercive dynamic founded on experience and respect. Thus, the community plays a central role in children’s development.

Western justice and Indigenous justice : distinct visions

The Western justice system is based on principles that may conflict with Indigenous values :

• Pleading not guilty, even when an offence has been committed, is not perceived as dishonest in Western law, whereas honesty is central in many Indigenous traditions;
• Testifying against an accused in their presence may be experienced as an antagonistic situation;
• The expression of emotions, silence, or even laughter may be interpreted differently depending on cultural codes.

Barriers and obstacles to access to justice

Indigenous people face many obstacles in their legal proceedings, including :

• Mistrust toward institutions and authorities;
• Lack of culturally appropriate services;
• Language and geographic barriers;
• Delays, complexity, and the intrusive nature of procedures;
• Stigmatization, shame, and fear of being judged or not believed.

The Gladue and Ipeelee decisions : an adapted approach in criminal law

The Supreme Court of Canada has recognized these realities in landmark decisions.

In R. v. Gladue, judges must take into account the systemic and historical factors specific to Indigenous offenders. Thus, they must also consider alternatives to imprisonment when appropriate.

In R. v. Ipeelee, the Court reminds that courts must take judicial notice of the history of colonization. Moreover, they must consider residential schools and their current consequences. This allows for an individualized and restorative approach for Indigenous peoples at sentencing.

Respectful and adapted legal support

Fair justice requires recognition of the cultural, social, and historical realities of Indigenous peoples, as well as legally rigorous and humanly respectful intervention.

Are you a member of a First Nation or Inuit community? Do not hesitate to contact our lawyer in Indigenous law, Me Kathleen Gobeil, to obtain support adapted to your reality.