Creating access to justice in Nunavut.

AuthorStratton, Mary
PositionFeature Report on Nunavut

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Accessible, effective, and fair systems of civil, family, and administrative justice are fundamental and far-reaching components of democratic societies. They provide structured processes crucial to the maintenance of citizens' rights and the peaceful resolution of private disputes. In Canada, civil justice systems have developed independently in each province and territory as well as federally. Each system tends to operate as if the matters of law with which it deals are discrete and contained. International research has increased recognition that our justice systems must be more responsive to the interrelated way that legal problems actually occur in people's lives. "Justice for Nunavummiut: Partnerships for Solutions", a report drawn from the Civil Justice System and the Public research, provides a compelling illustration of this point (available at http://lcfcj-fcjc.orglpublicationsl cjsp-en.php#20). In April 2009, as a co-author of this report, I was invited to take part in a Nunavut Branch Canadian Bar Association Learning Event in Iqaluit.

Here I touch briefly on a few of the many key issues underlined by our research and by participants at this recent event.

The Inuit Qaujimajatuqangit Vision of Justice

At its creation in 1999, Nunavut was governed by the territorial laws of the Northwest Territories. The Nunavut Land Claim Agreement (NLCA), however, guarantees Inuit the right to co-manage or to participate in the development of social and cultural policies. There is a constitutional commitment to Inuit Qaujimajatuqangit (IQ)--a concept meaning that which has long been known by Inuit. In keeping with this, the Nunavut Department of Justice Vision Statement (2008) is: "To serve the public by promoting and protecting a peaceful society and by adhering to the principles of Inuit Qaujimajatuqangit. To build public confidence in the justice system by respecting the role of community members in maintaining harmony. To promote the rule of law by providing a full range of legal services to the Government of Nunavut and designated boards and agencies, and access to justice for Nunavummiut."

Many serious challenges relating to justice in a most fundamental sense must be met in attaining this vision. Dedicated Inuit and non-Inuit Nunavummiut are working together on creative approaches that blend Inuit tradition and perspectives with the common law and statutory legal framework inherited from the Northwest Territories...

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