Legal Counsel and Project Lead - Winnipeg, Canada - Assembly of Manitoba Chiefs

Sophia Lee

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Legal Counsel and Project Lead - Competition

Justice Reform and Legal Systems Restoration for First Nations in Manitoba**Full-Time Term (6 month term with possibility of extension)


Closing Date:
May 29, 2023


Position Summary


Under the direction and supervision of the Director of Policy and Legal Affairs, the Legal Counsel and Project Lead, Justice Reform and Legal Systems Restoration for First Nations in Manitoba will work toward the development and drafting of a Manitoba First Nations Justice Strategy through conducting research and synthesizing previous and existing positions relates to justice reform, legal systems restoration and Treaty protection.

This work will inform subsequent engagement activities with and for First Nations in Manitoba to identify how First Nations in Manitoba will inform the development of the federal Indigenous Justice Strategy, and to identify legislative, program, and policy initiatives needed to address the overrepresentation of First Nations and systemic discrimination in the Canadian justice system.


KEY ACTIVITIES

  • Consider that the current westernbased justice system (including policing, courts, and corrections) must be reformed and changed holistically in a manner consistent with First Nations laws and legal systems and ways of knowing and being, and the United Nations Declaration on the Rights of Indigenous Peoples.
  • Identify related issues in the areas and systems of education, health, and social development that continue to remain fundamentally western and direct First Nations into the existing justice system.
  • Approach change from a decolonized perspective and driven by the recognition of First Nations' inherent jurisdiction, including legal traditions and world views, and not simply relegated to participating in existing federal or provincial programs, including simply advisory and oversight roles.
  • That justice reform include working with First Nations concepts of law, selfgovernment, and social cohesion with the overarching goal of strategically developing a First Nations justice system that recognizes the unique relationship between First Nations and Canadian society.

This would be specifically in the areas of:

  • Policing: First Nations deaths by police encounters; Harassment (violation of Charter Rights); Inadequate police complaints process; and Inadequate investigations.
  • Court system: Representation of First Nations in court; Legal Aid issues with individual representation and collective, First Nation interest issues; and Access to justice.
  • Corrections: First Nations overrepresentation; Human rights violations (in custody); Overuse of solitary confinement; Lack of mental health resources; and Increased rates of death while incarcerated.
  • The restoration and revitalization of the legal traditions and laws respecting the five Nation/language groups in Manitoba: Anishinaabe, Nehethowuk/Inniniwak, Anishininiwuk, Dakota Oyate, and Denesuline, which would include clearly identifying or developing legal processes necessary for a decision to be accepted as legitimate by those impacted by it. It would also include identifying the guiding or underlying principles for such First Nation legal orders.

This would specifically include:

  • Common aspects of the needs, the values of First Nations concepts of justice and fairness that create restorative models for Anishinaabe, Nehethowuk/Inniniwak, Anishininiwuk, Dakota Oyate, and Denesuline First Nations legal systems;
  • Examine existing legal systems and identify possible First Nation legal institution development or changes to existing institutions that reflect First Nations laws and ways of knowing and being;
  • Determine what laws First Nations wish to develop;
  • Identify the existing skill sets First Nations have and what they need to enhance their capacity to make their own laws; and
  • Identify template laws to assist First Nations in their own development of them.
  • Develop approach and oversee engagement with AMC member First Nations to identify regional inputs into the government of Canada's Indigenous Justice Strategy, and its approach to the _United Nations Declaration on the Rights of Indigenous Peoples Act_ Action Plan.
  • Identification of activities and incorporate concepts of Treaty within the approach to justice reform including "Treaty protection."
  • Development of a comprehensive workplan to guide the key activities.
  • Confer with and report on progress to the AMC Chiefs Committee on Justice and AMC Elders Council.
  • Other duties as assigned by the Employer from time to time.

Qualifications

  • Law Degree Graduate and member of Manitoba Bar in good standing.
  • Minimum 7 to 10 years' experience in legal advocacy, legal writing, legislative planning, legal and legislative drafting, statutory interpretation and experience in First Nations law.
  • Understanding of First Nations language and diversity of First Nations cultures.
  • Excellent written and verbal

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