Yukon’s Teslin Tlingit Council moves further towards establishing justice system

By Terry Davidson ·

Law360 Canada (February 11, 2025, 3:37 PM EST) -- A First Nation in Yukon has taken another step towards having its own justice system after signing an agreement furthering the use of community-based “restorative measures.”

According to a joint news release from Feb. 10, Yukon, the federal government and Teslin Tlingit Council (TTC), a self-governing Frist Nation in the Southern Yukon Territory, have signed the Corrections and Community Services Amendment — which applies to the overarching Administration of Justice Agreement from 2011.

“This agreement [on the Community Services Amendment] will support Teslin Tlingit Council in implementing their corrections and community service model that uses restorative measures rooted in Teslin Tlingit culture, values and way of life known as Haa Ḵusteeyí (Our Way),” states the release.

With this, Ottawa will provide TTC with $5 million this fiscal year and $2.1 million annually in support of its work, which “will focus on health and wellness to reconnect Teslin Tlingit Citizens to their community, clans, Elders and families.”

“The focal point of [TTC’s] corrections and community services model is the establishment of a land-based healing camp with the support of Elders and trained counsellors,” states the release.

“With the corrections and community services component of the Implementation Plan now in place, [TTC] can fully exercise their self-government jurisdiction over justice matters and move forward with implementing their vision for justice, peace and safety in their community.”

TTC’s path to the present dates back to the signing of the Administration of Justice Agreement and the associated Implementation Plan — actions that paved the way for TTC to establish its Justice Council Act and Peacemaker Court.

According to TTC’s website, the Peacemaker Court “operates in accordance with principles of judicial independence, impartiality and fairness.”

Areas covered by the court include adoption; inheritance and wills; the solemnization of marriage; the management and protection of settlement land; the protection of fish, wildlife and habitat; planning, zoning and land development; and the prevention of overcrowding of residences and “other buildings.”

The Peacemaker Court “will not be exercising criminal law procedures,” the site states.

Yukon justice minister and attorney general Tracy-Anne McPhee called it a historic event.

“This marks a historic milestone for the [TTC] and is a powerful step forward for Yukon First Nations in asserting their justice authority under Self-Government Agreements,” said McPhee in a statement. “Our government is proud to stand in support of this achievement. … I look forward to seeing the lasting, positive impact of this agreement throughout Yukon communities.”

TTC Chief Eric Morris said it fulfills “an important and crucial aspect of our Administration of Justice Agreement.”

“This component will allow healing to occur for offenders of [TTC] laws and which healing is based on Tlingit values of Haa Ḵusteeyí,” said Morris. “This aspect of healing complements the adjudication and enforcement of [TTC] laws which implementation components have been previously agreed to and are being gradually implemented.”

Federal justice minister Arif Virani said the Administration of Justice agreements “support the recognition of Indigenous justice systems.”

“They provide practical and meaningful ways for Teslin Tlingit people to assume greater control over the administration of justice in their communities in ways that reflect their traditions and values. Signing this agreement will strengthen their community-based justice system and support their self-determination on the shared path of reconciliation.”

The release notes that the ongoing implementation of the Administration of Justice Agreement answers the Truth and Reconciliation Commission’s call for the “recognition and implementation of Aboriginal justice systems.”

Yukon has one of the largest Indigenous populations in Canada. According to the Yukon Bureau of Statistics, 22.3 per cent of Yukon’s population identified themselves as Indigenous in the 2021 Census — the third highest in Canada, behind only the Northwest Territories and Nunavut.  

If you have any information, story ideas or news tips for Law360 Canada, please contact Terry Davidson at t.davidson@lexisnexis.ca or 905-415-5899.