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 understanding of Indigenous approaches to resolving family conflicts. This preliminary information will help to identify specific challenges faced by and opportunities available for Indigenous families going through separation and divorce, and those who work with them. The research can inform future efforts to respond more effectively to the needs of Indigenous families and communities, as well as opportunities to welcome more effectively the gifts of Indigenous Knowledge Keepers through subsequent policy development, consultation, and research activities in relation to family law and family justice.