Experiences of Indigenous families in the family justice system: A literature review and perspectives from legal and frontline family justice professionals (French, PDF)

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Publisher-reported update

2023-11-02

The United Nations’ Declaration on the Rights of Indigenous Peoples (UNDRIP) asserts Indigenous peoples’ “right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes” with “due consideration to the customs, traditions, rules and legal systems of the Indigenous peoples concerned and international human rights” (United Nations, 2007, art. 40). Aligning the Canadian justice system with UNDRIP requires a comprehensive understanding of the material and cultural needs of distinct Indigenous groups in Canada (Status and Non-status First Nations, Métis and Inuit) as well as of the processes and programs that can uphold Indigenous laws, heritage, languages and traditions not only within the colonial legal system, but also in the outcomes of legal proceedings. This report aims to contribute to the understanding of the experiences of Indigenous families (specifically, unmarried or married couples with children) dealing with separation and divorce, who are going through the family justice system (FJS). This includes both identifying needs specific to Indigenous people going through the mainstream FJS and developing a better…

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