1. Preamble

    Whereas the Report of the Independent Review entitled “First Nations Representation on Ontario Juries” (the Report) identified some significant deficiencies within the justice system in Ontario and the need for immediate action, wisdom and leadership to address these deficiencies; and

    Whereas it is acknowledged that section 35 of the Constitution Act, 1982 recognizes and affirms the existing Aboriginal and treaty rights of the Aboriginal Peoples of Canada, namely the First Nations, Métis and Inuit Peoples of Canada; and

    Whereas use of the term “Aboriginal” in these Terms of Reference shall include First Nations, Métis and Inuit; and

    Whereas the value of Aboriginal traditional knowledge and legal traditions is recognized; and

    Whereas it is further recognized that there is a need for the Ontario government, including the justice sector, to be more receptive to input and participation from Aboriginal leadership and Aboriginal communities on justice issues; and

    Whereas there is a genuine desire to move forward in a spirit of partnership and reconciliation, in order to improve the relationship between Aboriginal Peoples and the justice system in Ontario, and ultimately, to improve the justice system for all Ontarians; and

    Whereas it is recognized that there are four provincial ministries with discrete and important responsibilities within the Ontario justice system – the Ministry of the Attorney General, the Ministry of Aboriginal Affairs, the Ministry of Children and Youth Services, and the Ministry of Community Safety and Correctional Services -- that must be involved in any meaningful Aboriginal justice discussions;

    It is resolved that an Aboriginal Justice Advisory Group (Advisory Group) be established with the following Terms of Reference:

  2. Context for Advisory Group

    The Honourable Frank Iacobucci was appointed by Order-in-Council to carry out an Independent Review and to make recommendations:

    1. to ensure and enhance the representation of First Nation persons living on reserve communities on the jury roll; and
    2. to strengthen the understanding, cooperation and relationship between the Ministry of the Attorney General (the Ministry) and First Nations on this issue.

    The Report recommended that the Ministry of the Attorney General “establish an Implementation Committee to consider the recommendations in the Independent Review and how they might be implemented, and an Advisory Group to the Attorney General on matters affecting First Nations and the justice system.”

    In responding to the Report, the Attorney General, the Honourable John Gerretsen, issued a statement where he committed to reach out to his counterparts across government and to Aboriginal leadership to discuss the issues raised in the Report and to immediately work to address the Report’s threshold recommendations, including establishing an Implementation Committee and an Advisory Group. The Debwewin First Nation Jury Review Implementation Committee was established in September, 2013.

  3. Mandate

    The Advisory Group will serve as an important forum for the Attorney General to collaborate with and receive input from Aboriginal leaders and communities, and others with knowledge and experience with Aboriginal justice issues, on matters affecting Aboriginal Peoples and the justice system. The object is to consider innovative ways to improve the manner in which the Ontario justice system impacts Aboriginal Peoples, and to provide appropriate advice to the Attorney General with a view towards promoting reconciliation, and implementing lasting and positive systemic change.

    1. Key Roles and Responsibilities

      The key roles and responsibilities of the Advisory Group will be the following:

      1. to provide advice to the Government of Ontario, through the Attorney General, on matters considered by the Advisory Group and those referred to the Advisory Group by the Attorney General;
      2. to provide a forum for Advisory Group members to discuss important elements of the Ontario justice system and new alternatives for justice system reform that improve the experiences of Aboriginal people within the justice system, promote access to justice for Aboriginal people, and that recognize and strengthen Aboriginal legal traditions and related knowledge systems, including Aboriginal community based alternatives to the justice system;
      3. to promote a greater understanding and appreciation of the experience of Aboriginal Peoples in the Ontario justice system, Aboriginal legal traditions and approaches to justice, health and well-being and the interaction between traditional approaches to justice and the existing provincial justice system;
      4. to promote a greater understanding within the various components of the justice system of the history, culture, customs and needs of Aboriginal Peoples in Ontario, including both on reserve and off reserve First Nation perspectives and the unique circumstances and issues affecting northern and remote Aboriginal communities;
      5. to engage with partners in the adult and youth justice system, including those involved in policing, the criminal justice system and the corrections system, victims groups, academics, Aboriginal community leaders, justice programs, Elders and Aboriginal women in a collaborative, innovative and experience-based approach to improving justice matters affecting Aboriginal Peoples;
      6. to receive matters referred from the Debwewin First Nation Jury Review Implementation Committee via the Attorney General for consideration, and work collaboratively with that committee where appropriate;
      7. to provide periodic updates to the Attorney General and to the Government of Ontario where appropriate, on issues considered by the Advisory Group, and issue a final report at the conclusion of its mandate.
    2. Key Roles and Responsibilities – Co-chairs

      Two appointed co-chairs will be responsible for ensuring that the mandate of the Advisory Group is achieved by:

      1. creating an open and transparent environment in which positive relationships between all members can be developed;
      2. supporting the understanding that co-chairs are senior members of the Advisory Group and that all opinions are respected;
      3. effectively facilitating discussions amongst Advisory Group members to ensure all voices are heard;
      4. facilitating consensus-based decision making to achieve progress on the issues being discussed;
      5. representing the Advisory Group and its members in presenting progress and other reports; and
      6. ensuring information required by the Advisory Group is obtained and shared in a timely and effective manner.

      The co-chairs will also assume responsibility for:

      1. providing advice to the Attorney General on the appointment of members to the Advisory Group;
      2. establishing protocols for meetings, decision-making and related matters;
      3. ensuring that members of the Advisory Group remain focused on supporting and advancing discussion related to identified agenda items;
      4. developing the timetable for the Advisory Group discussions on agenda items with milestones to achieve measurable targets as appropriate;
      5. ensuring that there is a liaison between the Attorney General and other related ministries and departments across government, and with Aboriginal leaders, to achieve cooperative and collaborative working relationships; and
      6. the final framing and transmission of advice to the Attorney General.
    3. Agenda Setting and Reporting

      The Attorney General will, in consultation with the co-chairs and based on discussions of the Advisory Group identify and seek consensus on the priority agenda items for the Advisory Group to consider.

      The Advisory Group will report to the Attorney General through the co-chairs as requested or required.

  4. Membership
    1. Composition of Advisory Group

      The Advisory Group will be comprised of up to 12 members with a commitment to recommend meaningful improvements in the relationship between Aboriginal Peoples and the justice system. It will consist of predominantly Aboriginal members together with representatives whose background and expertise would make a significant contribution to the work of the Advisory Group.

      In addition to the members, an Elder will be selected to work as an advisor to the Advisory Group.

      The members of the Advisory Group will be selected by the Attorney General, in consultation with the co-chairs, with a view to including a wide array of expertise and perspectives.

      Advisory Group members and co-chairs are appointed in their individual capacity but respecting the organizations with which they are associated.

    2. Term of Membership

      The term of the Advisory Group is up to three years, subject to the direction of the Attorney General. Advisory Group members will be appointed by the Attorney General on a part-time basis for up to a three-year term, subject to renewal.

    3. Elder

      The Elder will be selected by the Advisory Group co-chairs and appointed by the Attorney General on a part-time basis for up to a three-year term, subject to renewal.

    4. Remuneration

      The Elder and Advisory Group members will receive per diem rates that are consistent with Ontario Public Service practices.

    5. Expenses

      The Elder and Advisory Group members will be reimbursed for reasonable travel expenses incurred (e.g. travel, accommodation, meals, special needs), in accordance with provincial government guidelines.

    6. Confidentiality/Conflict of Interest

      The Elder and Advisory Group members must adhere to conflict of interest guidelines set out by Ontario’s Management Board of Cabinet and report any conflicts to the Advisory Group co-chairs.

      The Elder and Advisory Group members shall keep confidential the information or materials that both co-chairs deem confidential.

      The Elder and Advisory Group members shall not:

      1. disclose information or materials obtained during the term of their appointment that is deemed confidential by both co-chairs, to a person or entity unless the Advisory Group member is authorized to do so by law or by the Crown as interpreted and approved by both co-chairs;
      2. use confidential information in a business or undertaking outside their Advisory Group work; or
      3. accept a gift, directly or indirectly in exchange for disclosing confidential information.
  5. Meetings and Advisory Group Support
    1. Frequency of Meetings and location

      The Advisory Group will meet periodically, as determined by the Attorney General in consultation with the co-chairs, and at least four times a year. Meetings should, where possible, occur in different locations in the province, including northern Ontario. Designates are not permitted.

    2. Co-chairs

      There will be two co-chairs, at least one of whom shall be an Aboriginal person.

    3. Decision-making

      Decision-making by the Advisory Group will be achieved through consensus. Where necessary, traditional ceremonies may be held to assist in promoting consensus.

    4. Advisory Group Support

      The Advisory Group will be supported by a dedicated Ministry of the Attorney General Aboriginal Justice Division led project team, working in partnership with the Ministry of Aboriginal Affairs, the Ministry of Children and Youth Services, and the Ministry of Community Safety and Correctional Services. The project team will support the Advisory Group in fulfilling its responsibilities.

  6. Observers

    In addition to the need to acknowledge the key roles played by Ontario’s three justice sector ministries, and the Ministry of Aboriginal Affairs, the co-chairs may designate individuals or organizations as observers to attend one or more Advisory Group meetings, or portions thereof.

    1. Roles and Responsibilities

      Observer roles and responsibilities include:

      1. receiving Advisory Group meeting agendas and materials;
      2. identifying issues of interest for discussion with the Advisory Group; and
      3. providing presentations, documentation and feedback to the Advisory Group.
    2. Confidentiality/Conflict of Interest

      Observers are subject to the confidentiality and conflict of interest provisions in paragraph 4.6 above.

Order in Council 1837/2016