Does My Community Have Jurisdiction Over Criminal Law?

The power to make laws in Canada, other than Indigenous law, can be found in a few places: the Constitution, Acts passed by Parliament or by the Legislature of a province or territory, and self-government agreements. Currently, the Parliament of Canada is the only body that can pass a law making something a crime.

Indigenous communities, including both First Nations and Self-Governing Nations, may have some jurisdiction over things that are related to criminal law but they do not currently have any jurisdiction under the laws of Canada to pass a law making something a crime. They can take jurisdiction over policing for example (see Who Are the Police). They may also have bylaw-making powers which can make things offences and which may carry a punishment of jail time. However, those offences are not criminal offences but are called "regulatory" or "administrative" offences.

There have been calls to recognize and implement Indigenous justice systems that include the power to make criminal law (see the Calls to Action of the Truth and Reconciliation Commission, the National Inquiry on Missing and Murdered Indigenous Women and Girls and in the United Nations Declaration on the Rights of Indigenous Peoples). If you want to read more about how an Indigenous justice system might be possible, see Michael Michel, "Indigenous Self-Government and Criminal Law: The Path Towards Concurrent Jurisdiction in Canada" (2023) 46:2 Dal LJ 821.