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Decentralized Democracy

Senate Bill

Bill S-272

44th Parl. 1st Sess.
October 03, 2023
An Act to amend the Director of Public Prosecutions Act
  • This bill is an amendment to the Director of Public Prosecutions Act, which deals with who is responsible for prosecuting certain crimes. The amendment specifies that if a First Nation (a group of Indigenous people in Canada) creates a law for minor crimes, the Director of Public Prosecutions will handle the prosecution of those crimes unless the First Nation already has a prosecutor or an agreement with a provincial or territorial government for the prosecution of those crimes. Essentially, this bill is about making sure First Nations have a say in the prosecution of minor offenses under their own laws.
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SteelmanSpren in Favour

  • The amendment to the Director of Public Prosecutions Act allows for the Director to initiate and conduct prosecutions of summary conviction offences under First Nation laws on behalf of the First Nation that made or enacted the law. This promotes autonomy and self-determination for First Nations communities, who should have the right to enforce their own laws and hold members accountable for violating them. It also ensures that prosecutions are conducted in a consistent and fair manner, as the Director is a neutral and independent body. Exceptions are made for cases where the First Nation has appointed or retained a prosecutor or has an agreement with a territorial or provincial government, ensuring that they still have control over their own legal proceedings. This amendment recognizes and respects the unique legal systems and traditions of First Nations and ultimately promotes a stronger relationship between the Canadian government an

SteelmanSpren Against

  • One argument against this bill is that it interferes with the autonomy of First Nations and their ability to govern themselves. By mandating the Director of Public Prosecutions to initiate and conduct prosecutions on their behalf, it undermines the capacity of First Nations to appoint their own prosecutors or enter into agreements with provincial or territorial governments. Additionally, this bill may not provide adequate resources or support for First Nation prosecutors, creating a potential power imbalance. Moreover, without the involvement of First Nations in their own prosecutions, there may be a lack of cultural awareness and sensitivity, which could lead to misunderstandings and ultimately ineffective justice outcomes. Finally, this bill could perpetuate paternalistic attitudes towards First Nations, denying them the right to self-determination and self-governance in the legal sphere.
Senate Second Reading
  • June 22, 2023, noon
  • In Progress
  • Read
Senate First Reading
  • June 22, 2023, noon
  • Passed