1. Title of Resolution:

Call for Action: Indigenous Decarceration and Self-Determination

2. Estimated cost of implementation to CBA:

(Including the amount of any increase in budget requirements, any potential savings, and the amount of staff time to implement the resolution) Note: National Office staff can assist in calculating implementation cost.

CBA staff time to support advocacy efforts can be implemented in current budgetary allocation.

3. Contact person who can assist the Board of Directors to implement the Resolution:

Name: Jen Metcalfe
Firm name: Prisoners’ Legal Services – B.C.
Telephone: (604) 636-0470
E-mail: jmetcalfe@pls-bc.ca

4.Implementation Calendar

(List steps to be taken by the CBA to implement the Resolution and suggested dates for completion of each step)

1. March/April 2022: Write to relevant government departments and other stakeholders about CBA support for these initiatives.
2. April/May 2022: Seek meetings with relevant ministerial and departmental staff to discuss initiatives.

5. Indicator of Success

(The practical result which, if achieved, will show that the Resolution has been successfully implemented by the CBA.)

1. The CBA’s position and support of these issues is noted by the government and other stakeholders
2. The CBA is consulted in development policies or actions related to the resolution.

6. Any information not appearing on the face of the Resolution to inform the deliberations:

(Attach or link to any background papers or other documentation in addition to this form which should be submitted to the Annual Meeting with the Resolution. Attach or link to documentation in both French and English, where it exists in both official languages.)

Canadian Bar Association resolutions

Resolution 15-05-A, Programs for Aboriginal Offenders

Resolution 11-12-A, Preserving Special Consideration for Aboriginal Persons in the Criminal Justice System

Resolution 02-02-M, Aboriginal Justice Strategy

Resolution 89-02-A, Recommendations of Imprisonment and Release Report, see background document

Other background documents

West Coast Prison Justice Society: The role of prison in genocide and crimes against humanity against Indigenous people in Canada, 2021

Office of the Correctional Investigator, Indigenous People in Federal Custody Surpasses 30% Correctional Investigator Issues Statement and Challenge (January 21, 2020).

United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) Act, (S.C. 2021, c. 14). See s. 5.

Truth and Reconciliation Commission reports

Reclaiming Power and Place: The Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls, 2019

7. (i) Person moving Resolution:

Will be present at Annual Meeting: Yes ☒ | No ☐

Name: Jennifer Metcalfe
Firm name: Prisoners’ Legal Services – B.C.
Telephone: (604) 636-0470
E-mail: jmetcalfe@pls-bc.ca

7. (ii) Person seconding Resolution:

Will be present at Annual Meeting: Yes ☒ | No ☐

Name: Sarah Rauch
Firm name: Rauch Darby & Company
Address: 1213- 207 West Hastings St. Vancouver, BC
Telephone: (604) 609-7707
E-mail: rauchlaw@telus.net

7. (iii) Branch, Section, Committee or Subcommittee sponsoring resolution, if any:

Committee on Imprisonment & Release; Aboriginal Law Section

8. Branches, Sections, Committees or Subcommittees directly affected by implementation of this resolution:

Aboriginal Law and Criminal Justice Sections