Introduction
Welcome to the National Judicial Institute's bundle on Indigenous Over-Representation in the Criminal Justice System. This bundle will explore the crisis in detail, from many different perspectives.
The General Introduction sets out the overall framework of the course and explains the guiding principles and perspectives.
Understanding Indigeneity touches on the meaning of Indigeneity, definitions of key terms, and considers both legal constructions and personal experiences. We also touch on how judges can handle matters of identity in the courtroom.
Over-Representation: The Facts turns to statistics to consider rates of Indigenous over-representation in general as well as for Indigenous women and youth. This course provides an overview of Supreme Court of Canada case law from Gladue and Ipeelee through to R v Sharma, 2022 SCC 39.
How the Past Informs Today examines the enduring impacts of colonization on Indigenous Peoples in Canada, with a particular focus on how the legacy of colonialism continues to contribute to the significant over-representation of Indigenous persons in the criminal justice system.
Gladue and the Sentencing of Indigenous Offenders examines the relevant legislation and case law and includes three checklists walking you through all steps of the sentencing process.
Indigenous-led Justice Initiatives focusses on Indigenous approaches to justice and how these can work with the mainstream criminal justice process to generate better outcomes for offenders and victims.
Acknowledgements
This course is being developed with a Judicial Planning Committee comprised of the following judges. We are thankful for their generosity of time and contributions:
• The Honourable Justice Ken Champagne, Court of King's Bench of Manitoba
• The Honourable Judge Kael McKenzie, Provincial Court of Manitoba
• The Honourable Justice Stacy Ryan, Supreme Court of Newfoundland and Labrador
• The Honourable Chief Justice Shannon Smallwood, Supreme Court of the Northwest Territories
• The Honourable Judge Karen Whonnock, Provincial Court of British Columbia
• The Honourable Marion Buller, Chancellor, University of Victoria
• The Honourable Leonard S. (Tony) Mandamin, Retired, Federal Court - Trial Division
We acknowledge the financial support of the Department of Justice Canada.
Disclaimer
The chapters presented on this page were developed prior to the enactment of Bill C-16 (assented to June 18, 2026). This legislation makes substantial amendments to the Criminal Code regimes governing alternative measures and restorative justice processes, adding a new Part XXII.2. This legislation also amended the Canadian Victims Bill of Rights to discuss restorative justice processes. The new provisions apply to any offence in respect of which a charge is laid on or after July 18, 2026. Accordingly, in any case in which a charge is laid on or after July 18, 2026, users should rely exclusively on the new provisions of the Criminal Code, in particular sections 715.44 to 715.6. The materials on this page are currently under review in light of these legislative changes.
