Federal Prosecutors for First Nation By-law Cases

Summary#

This bill changes the Director of Public Prosecutions Act. It says federal prosecutors will handle court cases for minor offences under First Nation laws, unless a First Nation chooses another way. The goal is to make sure First Nation laws can be enforced in court.

• Federal prosecutors (government lawyers) would start and run cases for “summary” offences (less serious charges) created by First Nation laws. They would also handle any appeals.
• First Nations can opt out by hiring their own prosecutor or by signing an agreement with a province or territory to prosecute their cases.
• The bill defines “First Nation” and “First Nation law” so it is clear who and what it covers.
• It focuses on minor offences under First Nation laws. It does not change how serious Criminal Code crimes are handled.
• Police powers and where cases are heard do not change; these cases would still go to the usual courts.

What it means for you#

• First Nation residents and visitors

  • If you are charged under a First Nation bylaw or similar local law, your case is more likely to go to court because a federal prosecutor will handle it, unless your Nation chose a different path.
  • Your case would be in the regular court system and follow the penalty rules set by the First Nation law.

• First Nation governments

  • You can rely on the federal prosecution service to enforce your laws in court.
  • You can also choose to hire your own prosecutor or keep/enter an agreement with a province or territory.
  • This may reduce the need to negotiate case-by-case enforcement and could make your local laws more effective.

• Police (RCMP, provincial, or local)

  • You would lay charges as you do now. In many communities, the federal prosecution service would take the case forward.
  • You may need to coordinate more with federal prosecutors on First Nation law cases.

• Provinces and territories

  • Some prosecution work for First Nation law offences could shift from provincial prosecutors to federal prosecutors, unless there are agreements in place.

• Most Canadians

  • No direct change to daily life. You may see stronger enforcement of local First Nation rules if you live in, work in, or visit those communities.

Expenses#

No publicly available information.

Proponents' View#

• Gives First Nation laws practical “teeth,” so rules passed by communities can be enforced in court.
• Supports self-government by letting each Nation choose the best option: federal prosecutors, their own prosecutor, or a provincial/territorial deal.
• Reduces costs and workload for small or remote Nations that cannot hire their own prosecutors.
• Brings more clarity and consistency about who prosecutes these cases, which can reduce delays.
• Keeps serious Criminal Code cases unchanged, focusing only on minor offences under First Nation laws.

Opponents' View#

• Could strain the federal prosecution service, leading to higher costs or slower progress in other cases.
• May overlap with existing provincial roles or agreements, causing confusion about who prosecutes what.
• Funding, staffing, and training needs are not spelled out, which could create capacity problems at the start.
• Some worry federal prosecutors could lessen local control over which cases to pursue and how to resolve them.
• Differences between Nations that opt out and those that use federal prosecutors could lead to uneven enforcement across the country.