All governments

Justice

Recommendation 40: We call upon federal and provincial governments to establish robust and well-funded Indigenous civilian police oversight bodies (or branches within established reputable civilian oversight bodies within a jurisdiction) in all jurisdictions, which must include representation of Indigenous women, girls, and 2SLGBTQQIA people, inclusive of diverse Indigenous cultural backgrounds, with the power to:

1. Observe and oversee investigations in relation to police negligence or misconduct, including but not limited to rape and other sexual offences;
2. Observe and oversee investigations of cases involving Indigenous Peoples; and
3. Publicly report on police progress in addressing findings and recommendations at least annually.

All governments

Justice

Recommendation 41: We call upon all provincial and territorial governments to enact missing persons legislation.

All governments

Justice

Recommendation 42: We call upon all governments to ensure that protection orders are available, accessible, promptly issued, and effectively serviced and resourced to protect the safety of Indigenous women, girls, and 2SLGBTQQIA people.

All governments

Justice

Recommendation 46: We call upon all provincial and territorial governments to expand and adequately resource legal aid programs in order to ensure that Indigenous women, girls, and 2SLGBTQQIA people have access to justice and meaningful participation in the justice system. Indigenous women, girls, and 2SLGBTQQIA people must have guaranteed access to legal services in order to defend and assert their human rights and Indigenous rights.

All governments

Justice

Recommendation 47: We call upon federal, provincial and territorial governments to thoroughly evaluate the impact of mandatory minimum sentences as it relates to the sentencing and over-incarceration of Indigenous women, girls, and 2SLGBTQQIA people and to take appropriate action to address their over-incarceration.

All governments

Justice

Recommendation 50: We call upon federal, provincial, and territorial governments to thoroughly evaluate the impacts of Gladue principles and section 718.2(e) of the Criminal Code on sentencing equity as it relates to violence against Indigenous women, girls, and 2SLGBTQQIA people.

All governments

Justice

Recommendation 51: We call upon the federal government to consider violence against Indigenous women, girls, and 2SLGBTQQIA people as an aggravating factor at sentencing, and to amend the Criminal Code accordingly, with the passage and enactment of Bill S-215.

All governments

Justice

Recommendation 54: We call upon the federal government to fully implement the recommendations in the reports of the Office of the Correctional Investigator and those contained in the Auditor General of Canada (Preparing Indigenous Offenders for Release, Fall 2016); the Calls to Action of the Truth and Reconciliation Commission of Canada (2015); the report of the Standing Committee on Public Safety and National Security, Indigenous People in the Federal Correctional System (June 2018); the report of the Standing Committee on the Status of Women, A Call to Action: Reconciliation with Indigenous Women in the Federal Justice and Corrections Systems (June 2018); and the Commission of Inquiry into certain events at the Prison for Women in Kingston (1996, Arbour Report) in order to reduce the gross overrepresentation of Indigenous women and girls in the criminal justice system.

All governments

Justice

Recommendation 55: We call upon the federal government to return women’s corrections to the key principles set out in Creating Choices (1990)

All governments

Justice

Recommendation 57: We call upon the federal government to amend data collection and intake screening processes to gather distinctions-based and intersectional data about Indigenous women, girls, and 2SLGBTQQIA people.