By: Mackenzie Coleman, Law Student – University of Alberta
Manitoba Court of King’s Bench Chief Justice Glenn Joyal says that judicial reconciliation remains at the top of the priority list for Manitoban courts.[1] Since the 2015 Truth and Reconciliation Commission report and the 94 calls to action, “there’s been increased focus on systemic racism in provincial and federal institutions where First Nations, Inuit and Métis people receive inferior treatment to what’s normal for non-Indigenous people”.[2]
Chief Justice Joyal emphasizes two areas of focus on how to make the judiciary more trustworthy: listening to Indigenous voices in the courtroom and fixing wrongful convictions of Indigenous people.
Indigenous Voices in the Courtroom
This summer, Chief Justice Joyal convicted Winnipeg serial killer Jeremy Skibicki in the deaths of four Indigenous women. Chief Justice Joyal says that “the court needed to strike a balance to provide a fair trial to Skibicki that was also trauma-informed and respectful to the families of the victims”.[3]
The Skibicki trial is significant as it is often used to symbolize the horror of missing and murdered Indigenous women and girls.[4] The case represents balancing factors pre-determined by law and encouraging trust in the broader public.
Chief Justice Joyal emphasizes Manitoba courts’ commitment to legitimate a process of trust in the legal system. In the Skibicki trial, buffalo headdresses and other significant Indigenous symbols were used to showcase this initiative.[5]These steps represent one pillar of efforts led by a court committee in 2017, whose focus is on educating and implementing the Truth and Reconciliation Commission’s 94 calls to action.
Chief Justice Joyal says that the court is “not there to pontificate about how good we are, how magical our system is. We’re there to listen to Indigenous Manitobans and hear what they have to say about the justice system”.[6]
Indigenous Peoples must be empowered by justice strategies “to define justice according to their own laws and legal orders and to support them in developing systems and processes that both prevent harm and facilitate healing”.[7]Processes must be able to meet the unique needs of individuals including life experience, identity, and relationships at all stages – not just after contact with the justice system. Indigenous self-determination in the justice system is key.
Incorporating Indigenous traditions and symbols foster an environment where Indigenous voices are seen and respected. This is a critical step in making the justice system more accessible and increasing trust in legal processes. Alongside this, integrating Indigenous practices has the intention of fostering greater public trust. Implementing trauma-informed practices to the courtroom is connected. Recognizing the trauma experienced by families of the victims helps to humanize the legal process. In turn, this reduces procedural barriers connected to access to justice. Historically, Indigenous peoples have had limited access to fair and equitable legal processes. The Truth and Reconciliation Commission’s Calls to Actions include recommendations to reduce systemic inequities in the legal process for Indigenous peoples. Overall, these goals reinforce the legitimacy of the legal process, increase public trust, and align with broader access to justice goals.
Wrongful Convictions
Chief Justice Joyal says “vigilance is critical to prevent more wrongful convictions, and that there needs to be more accessible ways for prisoners and their families to bring wrongful convictions to light”.[8]
Chief Justice Joyal, in October, acquitted three Saulteaux men from Pinaymootang First Nation, who were wrongfully convicted of murder in 1973 in Winnipeg. Chief Justice Joyal acquitted Clarence Woodhouse, Brian Anderson and Allan Woodhouse after new trials were ordered by the federal justice minister. Clarence Woodhouse who was given a life sentence 50 years ago for the 1973 murder of Ting Fong Chan.[9] Chief Justice Joyal apologized to the men for the miscarriage of justice. Clarence spent 12 years in prison before he was granted parole. Chief Justice Joyal stated that “systemic racism against the First Nations man ‘infected’ the investigation, prosecution and adjudication of his case and led to the ‘miscarriage of justice’”.[10] Vigilance in addressing systemic discrimination, Chief Justice Joyal believes, is key in preventing wrongful convictions. Chief Justice Joyal believes that “there needs to be more accessible ways for prisoners and their families to bring suspected wrongful convictions to light”.[11] Innocence Canada is calling on the federal government to “form a task force to identify other wrongfully convicted Indigenous people” highlighting the overrepresentation of First Nations, Inuit and Métis peoples in Canada’s jails and prisons.[12]
Chief Justice Joyal says that he is “not saying that the system can’t be improved. I’m not saying that politicians can’t improve the system, but judges themselves can, I think, defend and improve the system by doing what we can internally, but also better communicating through public information and education, what it is we do”.[13]
Wrongful convictions of Indigenous peoples are a significant access to justice issue which reflect the systemic discrimination in Canada’s legal system. Indigenous peoples are greatly overrepresented in the prison population. Overrepresentation increases the likelihood of wrongful convictions. The overrepresentation is connected to poverty and the legacy of colonization, which affect access to justice. Reformation is needed to address wrongful convictions of Indigenous people. While Chief Justice Joyal is making important steps to right past wrongs, creating an equitable justice system for Indigenous peoples remains an ongoing process.
[1] Melissa Ridgen, “Manitoba chief justice says getting it right – and fixing past wrongs – key to judicial reconciliation” (16 October 2024), online: < https://globalnews.ca/news/10813961/manitoba-chief-justice-says-getting-it-right-and-fixing-past-wrongs-key-to-judicial-reconciliation/>.
[2] Ibid.
[3] Ozten Shebahkeget, “Manitoba chief justice optimistic about court’s path to reconciliation, but admits system is ‘flawed’” (16 October 2024), online: < https://www.cbc.ca/news/canada/manitoba/manitoba-chief-justice-glenn-joyal-2024-interview-1.7352462>.
[4] Ibid.
[5] Ibid.
[6] Supra, note 3.
[7] Sarah Morales, “Blanketing: Justice for First Nations People in Canada” (4 July 2024), online: < https://www.justice.gc.ca/eng/rp-pr/jr/dijs-esmja/p2.html>.
[8] Supra, note 3.
[9] Ibid.
[10] Ibid.
[11] Ibid.
[12] Ibid.
[13] Supra, note 1.