April 9, 2025
CREE, PLAINS CREE, DENÉ, ANISHINAABEMOWIN, BLACKFOOT, OJIBWE, OJI-CREE, AND INNU summaries of selected Federal Court decisions between 2019 and 2024 are available in both PDF and audio formats on the website of the Federal Court.
Each summary, appearing beneath the crest of the Federal Court, states the following, or a variation of it, beneath the style of cause ([variables added]:
The Federal Court is committed to being more accessible to Indigenous people when they wish to bring legal disputes for resolution by the Court. For example, many Court hearings are held directly in the Indigenous community or via webcast from a Courthouse; and where appropriate, Court procedure is adapted to make space for Indigenous protocols and legal traditions. In selected cases, the Court also makes its decisions more accessible by having a summary prepared and recorded in the Indigenous language of the parties. The Court thanks the language keepers who assisted with preparation of [this/these] summaries in [specify language(s)].
Parties Invited to Request Indigenous Language Decision Summaries
The Federal Court’s Practice Guidelines for Aboriginal Law Proceedings, 4th ed. (September 2021) describes this practice under the heading “Indigenous Language Decision Summaries”:
The Court has recently launched a pilot project for the translation of summaries of selected decisions into one or more of the Indigenous languages spoken by the parties to a Court proceeding and/or by members of the First Nation, Band, community or group of which the parties are members. In addition to a written summary, a recording of the summary would be prepared and made available on the Court website. Examples from recent proceedings are available at https://www.fctcf.gc.ca/en/pages/media/webcast#cont. Translation work would normally be completed on contract with the Courts Administration Service or Translation Bureau.
Parties who wish to request that the Court prepare one or more such summaries in their case are therefore invited to make written submissions, if any, regarding: (a) whether they wish to have a proceeding included in the pilot; and (b) the appropriate Indigenous language(s), including details regarding a preferred dialect (if applicable); and (c) an appropriate translator (optional).
Practice Guidelines: Incorporating Indigenous Ways of Knowing and Working, Indigenous Practices
The Action Committee on Modernizing Court Operations, on its web page entitled “Indigenous Practices in the Courts,” describes the practice guidelines as having emerged through the collaborative work of the Federal Court – Aboriginal Law Bar Liaison Committee, a “forum for dialogue, [to] review litigation practice and rules, and [to] make recommendations for improvement.” Of the practice guidelines, the committee writes:
This document stands both as 1) an illustration of the incorporation of Indigenous ways of knowing and working into the creation of the guidelines, and 2) a vehicle through which Indigenous practices can be incorporated in proceedings within the Federal Court going forward. A perfect example of this is the Guidelines’ section on Dispute Resolution Through Dialogue, which explains how the Court incorporated dispute resolution collaboratively into its court process:
In 2009, the Federal Court hosted a Symposium on Oral History and the Role of Indigenous Elders, opening a dialogue with Elders from across Canada along with representatives of the public and private Bar. In turn, these same Elders hosted a historic meeting in 2010 at Turtle Lodge to promote a better understanding of the Indigenous perspective. This led to a judicial education seminar at Kitigan Zibi in late 2013, developed in collaboration with the Elders, on Indigenous dispute resolution. Throughout, the Elders who were consulted have shown their preference for dispute resolution through dialogue: talking things out to resolve disputes by agreement.
Dispute resolution through dialogue as opposed to solely through adjudication is now an option in Federal Court Aboriginal law proceedings. The parties still decide which route they wish to take, but the guidelines recognize that, if chosen, settlement by agreement is a form of reconciliation, as it helps to restore the relationship and trust between the parties.
The guidelines further provide guidance on:
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- The appointment of a neutral advisor to the court regarding Indigenous law or traditions
- A pilot framework for parties to request a summary of a Court decision in an Indigenous language
- The considerations of trial venue, including options for holding proceedings (or parts of proceedings) in Indigenous communities
- The incorporation of special ceremonies
- A protocol for oral evidence from Elders, including venue, ceremony, court set-up and decorum considerations and adjustments that may be required
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We acknowledge that the land on which we work is the unceded territory of the Coast Salish peoples, including the territories of the xʷməθkwəy̓əm (Musqueam), Skwxwú7mesh (Squamish), and Səl̓ílwətaʔ/Selilwitulh (Tsleil-Waututh) Nations.