Laying the groundwork for people-centred justice in Canada
Access to justice is considered a fundamental value of the Canadian justice system that flows out of respect for the rule of law. In Canada, access to justice is a shared responsibility between the federal, provincial and territorial governments. While Canada does not have one single national strategy, it has developed a strong ecosystem to advance people-centred access to justice.
At the federal level, the Department of Justice Canada has established an Access to Justice Secretariat (A2JS), which serves as a focal point and advocate for efforts to provide equal access to justice for all individuals and communities. The A2JS has a mandate to promote and support people-centred justice and the full realisation of SDG 16 (Peace, Justice and Strong Institutions). It pursues its mandate through broad outreach and engagement within government and with external partners and stakeholders, as well as through leadership and support on substantive access to justice policy and research initiatives.
Collaboration with a wide range of partners and stakeholders within the justice system and across other disciplines and sectors is vital to fostering people-centred access to justice. Given the shared jurisdiction over the administration of justice, federal, provincial and territorial governments work together closely to advance access to justice objectives. Canada’s Action Committee on Access to Justice offers another important example of co-ordination. Established in 2007 by the former Chief Justice of Canada, this broad-based network includes representation from provincial and territorial access to justice committees, the judiciary, government, legal organisations, academics and other justice sector actors. The Action Committee serves as a national leader, catalyst and convening voice for people-centred justice, pursuing a vision of society in which better access to justice contributes to the wellbeing of people. In addition, Canada advances its domestic access to justice objectives through participation in valuable global efforts with various international organisations and platforms.
Research and data are also critical to advancing a people-centred approach to justice and to supporting the design of justice systems that deliver fair outcomes for people. Justice Canada conducts and promotes quantitative and qualitative access to justice research and disaggregated data collection – such as the Canadian Legal Problems Survey and the National Justice Survey38 – to increase understanding of people’s justice needs and experiences. Through commitments in Canada’s National Action Plan on Open Government, Justice Canada is working to make its access to justice research and data more accessible and user-friendly.
Data and evidence have pointed to the need to address inequalities and access to justice challenges within Canada’s justice system. The following initiatives are examples of some of the work that Canada is doing in this regard.
Indigenous Justice
Indigenous justice systems in Canada refer to the justice systems developed and maintained by Indigenous peoples themselves. As the Truth and Reconciliation Commission of Canada observed,
‘long before Europeans came to North America, Indigenous peoples, like all societies, had political systems and laws that governed behaviour within their own communities and their relationships with other nations.’ 39
These systems were harmed by colonialism. However, considerable efforts are underway to revitalise Indigenous legal traditions and justice practices, and some nations have reestablished their own justice systems in specific areas of the law.
Indigenous Justice Strategy
In consultation and co-operation with Indigenous peoples, Justice Canada developed the Indigenous Justice Strategy, which sets out a shared vision and priority areas to guide ongoing work by Indigenous peoples, the federal government and provincial and territorial partners to advance transformative reforms across the criminal justice system and support the revitalisation of Indigenous laws and legal orders.
The Strategy is guided by Indigenous ways of knowing on justice and healing. It aims to consider the whole person, recognise the impact of trauma and respect the diversity among Indigenous peoples. It is organised into different themes and includes chapters codeveloped with First Nations, Inuit and Métis partners that outline distinctionsbased principles and priorities aimed at advancing selfdetermination, strengthening community safety and supporting the resurgence of Indigenous legal traditions.
The Strategy identifies specific actions to address systemic discrimination and the overrepresentation of Indigenous people in the justice system, developed collaboratively with provinces and territories in recognition of their key role in the administration of justice in Canada.
Gladue Courts and Reports
Canadian law mandates courts to consider non-custodial sentences for all offenders, with particular attention to the circumstances of the Indigenous offenders.40 In 1999, the Supreme Court decision in R v Gladue41 interpreted and enforced s.718.2(e), creating the basis for what is now known as Gladue principles, a legal requirement for judges to consider:
‘(a) the unique systemic or background factors which may have played a part in bringing the particular Indigenous offender before the courts; and (b) the types of sentencing procedures and sanctions which may be appropriate in the circumstances for the offender because of his or her particular aboriginal heritage or connection.’
Gladue Courts operate within the formal justice system while aiming to account for its historic injustices against Indigenous peoples. Where available, they are integrated into regular courts but specifically designated to apply Gladue principles. They therefore provide a small opening within the Canadian criminal justice system for Indigenous legal traditions but are not stand-alone Indigenous courts.
One of the main ways in which the principles laid out in the Gladue decision are applied is through Gladue reports, which include information for the court about an Indigenous person’s background and experiences with colonisation, intergenerational trauma, racism and discrimination. Each Canadian province and territory has its own approach, process or programs for Gladue reports.42
Other Specialised Courts
Other specialised or problem-solving courts have been established in Canada to focus on a particular type of offence or accused.43 These courts typically involve an interdisciplinary team that is focused on addressing the underlying causes of offending that bring the accused into contact with the criminal justice system.
For example, mental health and wellness/community courts are designed to assist accused persons who have mental health issues. This typically involves specially trained personnel and processes that take into consideration the difficulties that a person with mental health issues may encounter in the criminal justice process. Wellness/community courts offer integrated supports and services designed to offer a more compassionate and effective response for those who enter the system due to their mental health struggles, and to address the problems associated with repeat offenders struggling to reintegrate into society.
Drug treatment courts contribute to reducing criminal recidivism associated with substance use by offering eligible adult accused with a substance use disorder the opportunity to complete a court-monitored drug treatment program as an alternative to a finding of guilt or incarceration.
Family/domestic violence courts are designed to handle cases of family/domestic violence by offering an integrated, collaborative approach focusing on supporting victims, increasing accused responsibility and providing early intervention.
Canada’s Black Justice Strategy
Canada’s Black Justice Strategy is another example of how Canada is looking to improve access to justice. Studies have shown that Black people are overrepresented in all areas of the criminal justice system as a legacy of Canada’s history, which resulted in entrenched systemic discrimination as most government institutions were built.
As part of a people-centred justice approach, to ensure the Strategy reflects the voices and expertise of Black communities, the Government of Canada established an external steering group, comprised of nine experts and leaders from Black communities across the country with diverse backgrounds and knowledge of Canada’s justice system. Using a comprehensive framework, the Steering Group guided extensive consultations and engagements with Black-led, community-based organisations nationwide. An online survey was also made available to ensure broad participation.
The outcome of this process was the steering group’s landmark June 2024 report, A Roadmap for Transformative Change: Canada’s Black Justice Strategy,44 which presents 114 recommendations to combat the anti-Black racism and systemic discrimination that has led to the overrepresentation of Black people in the criminal justice system, including as victims and survivors of crime.
Grounded in community engagement and lived experience, Canada’s Black Justice Strategy advances a people-centred and evidence-based approach aimed at achieving the transformative change necessary to reduce the overrepresentation of Black people in the criminal justice system, including as victims and survivors of crime.
In February 2025, the Government of Canada released Toward Transformative Change: An Implementation Plan for Canada’s Black Justice Strategy.45 In that implementation plan, the Government made four commitments:
- a 10-year plan toward a better future
- ensuring that plan is informed by evidence and demonstrates federal leadership
- continuing to work with Black communities and all levels of government
- recognising that the human and economic costs of inaction will only increase.
Impact of Race and Culture Assessments
Systemic racism can create disadvantages in education, employment and other areas of life for Black and racialised Canadians. As one measure to address systemic racism in the criminal justice system, the Government of Canada provides funding to support the implementation of Impact of Race and Culture Assessments (IRCAs) in all provinces and territories.
IRCAs are pre-sentencing reports that help sentencing judges to better understand the effect of poverty, marginalisation, racism and social exclusion on the offender and their life experience. IRCAs explain the relationship between the offender’s lived experiences of racism and discrimination and how they inform the circumstances of the offender, the offence committed and the offender’s experience with the justice system.
Similar to Gladue reports, IRCAs inform sentencing judges of the disadvantages and systemic racism faced by Black and other racialised Canadians, and may recommend alternatives to incarceration and/or culturally appropriate accountability measures within a sentence of incarceration. IRCAs have been used primarily for Black offenders, both adults and youth, at the sentencing stage of the criminal process.
Footnotes
38 See https://www.justice.gc.ca/eng/rp-pr/jr/survey-enquete.html and https://www.justice.gc.ca/eng/rp-pr/jr/njs-snj.html respectively. | [back]
39 Truth and Reconciliation Commission of Canada (2015), ‘Chapter 2: Indigenous law: Truth, reconciliation and access to justice’, in Canada’s Residential Schools: Reconciliation: The Final Report of the Truth and Reconciliation Commission of Canada, Volume 6: 45–79. https://publications.gc.ca/pub?id=9.807830&sl=0. | [back]
40 Section 718.2(e) of the Criminal Code, RSC 1985, c C-46. | [back]
42 See, for example, Department of Justice Canada (2024) Applying R v Gladue: The use of Gladue reports and principles. https://www.justice.gc.ca/eng/rp-pr/jr/gladue2/toc-tdm.html; Department of Justice Canada (2023), Spotlight on Glaude: Challenges, Experiences, and Possibilities in Canada’s Criminal Justice System. https://www.justice.gc.ca/eng/rp-pr/jr/gladue/toc-tdm.html; and O’Bonsawin, M. (2020, September), ‘We All Have a Role to Play: Gladue Reports’, blog post, Action Committee on Access to Justice in Civil and Family Matters. https://www.justicedevelopmentgoals.ca/blog. | [back]
43 See https://www.justice.gc.ca/eng/rp-pr/jr/aid-aide/2023/p10.html. | [back]
44 Owusu-Bempah, A. and Jones, Z. (2024), A Roadmap for Transformative Change: Canada’s Black Justice Strategy, Department of Justice Canada. https://www.justice.gc.ca/eng/cj-jp/cbjs-scjn/transformative-transformateur/index.html. | [back]
45 Government of Canada (2025), Toward Transformative Change: an Implementation Plan for Canada’s Black Justice Strategy. https://www.justice.gc.ca/eng/cj-jp/cbjs-scjn/ttc-ect/toc-tdm.html. | [back]