The Saskatchewan Indian Justice Commission

The Indian Justice Commission is established pursuant to the FSIN Convention Act, 1985 and the Indian Justice Commission Act, 2005. The Indian Justice Commission Act establishes the authority of the Commission to enact legislation to advance the goals and objectives of the Just Relations processes identified by the First Nations; and to establish bodies to assist in meeting the Commission’s mandate. The Justice Secretariat, the Indian Justice Council and the Youth Council for Just Relations have been established pursuant to the Indian Justice Commission Act, to fulfill this role.

The mandate of the Commission is to:

(a) Pursue the implementation of the Just Relations components of Treaty entered into between First Nations and the Federal Crown;

(b) Ensure that First Nations’ inherent rights, Treaty rights and their rights derived from First Nation legislation with respect to First Nations Just Relations and governance processes are recognized;

(c) Ensure the fiscal obligation of the Crown for the establishment of First Nations Just Relations processes and entities shall include, but not be limited to, resources to undertake development, research, executive management, professional services, contractual arrangements with other governments, administration, and capital requirements;

(d) Assist in the development and implementation of Just Relations processes that serve First Nations’ Governments which are consistent with the Spirit and Intent of Treaty;

(e) Ensure that First Nations’ jurisdiction regarding Just Relations and governance processes are based on First Nations’ Government principles that include but are not limited to:

(i) Mutual Recognition – First Nations, Canada and Saskatchewan will acknowledge and respect each other’s rights, laws and institutions, and will cooperate for mutual benefit;

(ii) Reciprocity – First Nations, Canada and Saskatchewan will ensure that legislation and policies enacted by any one government will recognize the jurisdiction and rights of the other, where appropriate;

(iii) Respect – There will be positive mutual regard between and among the governments, recognizing diversity and encouraging the free and open exchange of views;

(iv) Sharing – The intergovernmental relationship carries with it both benefits and responsibilities; it will provide access to equal opportunities, reduce disparities and provide comparable services to all citizens;

(v) Accountability – There will be processes that will ensure transparency, disclosure and redress incorporated into the intergovernmental relationship;

(vi) Certainty – There will be an acceptable degree of certainty about the obligations, rights and responsibilities of each government, along with the flexibility to respond to changing circumstances.

(f) Support the authority, jurisdiction and accountability of individual First Nations and the Tribal, Agency and Grand Councils with respect to Just Relations development;

(g) Ensure that in matters of Just Relations development, First Nations laws, customs, traditions, cultures, values, languages, governance, emphasis on community-based processes and Elder involvement are maintained.

The Indian Justice Commission consists of fifteen (15) members representing all Tribal/Grand/Agency Councils and independent First Nations in Saskatchewan who are signatory to the FSIN Convention. The FSIN Executive Member responsible for the Justice portfolio chairs all Commission meetings.

Decisions made by a majority of the voting members present at a duly convened meeting of the Commission, at which a quorum is present, binds all members of the Commission. It is the objective of the Commission to reach consensus on all justice related issues that are brought forward as motions to be adopted as resolutions by the FSIN Treasury Board and or Indian Government Commission as appropriate.

Resolutions are then introduced, discussed and voted on at the Legislative Assembly of Chiefs. The Executive Member responsible for the Justice portfolio and the Justice Secretariat proceeds with the direction of the resolution passed by the Chiefs.

Justice as a Treaty issue was the topic of many Legislative Assembly discussions.

Justice – A Treaty Issue

Over the past twenty years, the Chiefs-in-Assembly have mandated the Federation of Saskatchewan Indian Nations (FSIN) through twenty-five separate resolutions to develop a First Nations justice system. This system is to ensure that First Nations are treated fairly, equitably, respectfully and responsibly through effective self-governance processes and according to the Treaty promises negotiated by our Forefathers.

In 1996, the Chiefs-in-Assembly mandated the FSIN to deal with outstanding Treaty issues, justice being one of them. The Treaty Governance Processes were established to develop a renewed government-to-government relationship with the Crown and Saskatchewan. This provided an opportunity to build on the original intent of the Treaty relationship.

Since 2001, the topic of justice has been discussed at the Treaty Table as unfinished Treaty business and as a jurisdictional issue. However, Treaty issues cannot be understood in isolation; all issues are integrally linked and must be dealt with in relation to one another. First Nations Just Relations processes include social, economic and environmental justice matters that are integrally linked to health, education, economic and social development, hunting/fishing/trapping/gathering, child welfare, lands and resources, annuities, shelter, the judicial system, corrections, policing and governance.