Bridging Justice Traditions: Reflections on Canada–Ecuador Dialogue

I have been fortunate to participate in the recently completed first stage of the Global Affairs Canada (GAC) administrative arrangement being the Technical Assistance Partnership Project (TAP) with The Office of the Commissioner for Federal Judicial Affairs Canada (FJA) and the National Court of Justice of Ecuador concerning the interrelationship between the Indigenous and Original (colonial) justice systems in Ecuador.

Under the 2008 Ecuadorian Constitution, the Indigenous and Original justice systems have equal status. Not surprisingly, over the past 18 years, both theoretical and practical issues have arisen as to how these two systems can and should coexist.

In 2023, following a 2021 decision of the Constitutional Court which required the greater integration of indigenous legal traditions within Ecuador’ justice system, the Ecuadorian Judicial Council issued its Resolution 053 which establishes guidelines for coordination between Indigenous justice and the Original justice participants. The Resolution approved a protocol for intercultural dialogue and a guide for cooperation between indigenous and ordinary justice authorities. The Resolution intended to ensure that, subject to constitutional oversight, indigenous jurisdiction was respected. It mandated training for stakeholders in the Original justice system including front line judges, prosecutors and the police. It also outlined the need for the creation of a digital registry to monitor cases involving indigenous justice, and the implementation of mechanisms for legal coordination.

In 2024, at the request of the National Court of Ecuador (the nation’s highest court but for constitutional questions), a TAP initiative involving the participation of the FJA was approved by GAC. The genesis for the initiative was that Canada, in particular, its federal judiciary, with lessons learned and still to be learned from this country’s chequered history with its indigenous peoples, and building upon the calls to action of the Truth and Reconciliation Commission could both assist and learn from the Ecuadorian experience to date.

To that end, in November 2024, a delegation from the National Court of Ecuador led by Chief Justice Jose Suing Nagua visited Canada. Following meetings with members of the Canadian judiciary, including the Chief Justice of Canada, the Right Honourable Richard Wagner, the delegation attended the CIAJ Indigenous Justice System: Knowledge Sharing Symposium in Calgary, Alberta. It then spent two days in Vancouver where it met with Chief Judge Gillespie of the Provincial Court of British Columbia and judges of that court to review that province’s First Nations courts. There were additional meetings with the Vancouver Indigenous Justice Centre and the Treaty Commission of British Columbia.

In March 2025 a Canadian delegation, which comprised of two Canadian judges, the Deputy Commissioner of FJA and a senior member of the FJA administration for international engagement, visited Ecuador. This was, in effect, an “advanced mission” designed for us to meet certain of the various stakeholders (which included members of the National Court, the Constitutional Court, academia and representatives of indigenous communities) and to identify a path forward to assist them in engaging in a meaningful dialogue. Our delegation also travelled to the indigenous community of La Cocha, which was the source of two important decisions of the Constitutional Court in relation to the parameters of Indigenous justice and the jurisdictional issues, which had arisen between the two systems of justice in Ecuador.

At the conclusion of this first part of our engagement, the decision was made to have three days of consultations in June 2025 with a “pilot” group of the various stakeholders in both the Indigenous and Original justice systems. These consultations occurred in mid June 2025 in Quito, Ecuador, at which time our original group was joined by The Honourable Leonard Marchand, Chief Justice of British Columbia and the Honourable Justice Tom Crabtree, of the British Columbia Supreme Court and the Chief Judicial Officer of the National Justice Institute.

These sessions brought together a diverse and committed group of participants, including Indigenous justice authorities from the Natabuela, Cacha, and Kichwa communities (notably from Canelos, Río Anzu, AIEPRA, and Yachak), as well as judges, prosecutors, the police, public defenders, and academic institutions such as CEDEC (Centre for Constitutional Law Studies and Dissemination). The agenda encompassed certain specific topics, which included:

• Jurisdictional limits of the indigenous justice system;
• Treatment of serious crimes under the ordinary and indigenous justice systems;
• Challenges of inter-institutional coordination

and featured presentations from keynote speakers to frame the issues, followed by smaller working group deliberations and plenary sessions to consolidate key findings.

The consultations concluded with suggestions from the stakeholders regarding a plan for future actions. The Canadian delegation then met with Chief Justice Suing and representatives of our Ecuadorian partner the National Court of Justice to review certain of the key recommendations. Following our return to Canada these were then finalized and communicated to Chief Justice Suing.

It was the Canadian delegation’s view that one of the most valuable outcome of the consultations was the strengthening of ties not only between institutional actors across the two justice systems but also among the Indigenous communities themselves. It was evident that many of them were committed to supporting one another through shared learning, peer exchanges, and the articulation of their own justice models. These connections are essential for strengthening Indigenous jurisdiction and practice in a manner that is both autonomous and collaborative.

As I reflect on my first international engagement as a Canadian judge, certain observations come to mind:

• While I have always considered myself most fortunate to be a member of a strong, impartial and independent judiciary, this was enhanced by my Ecuadorian experience. The Ecuadorian judges with whom I interacted were fine principled people and this project would not have occurred without the leadership and commitment of Chief Justice Suing. And yet there was evidence of significant skepticism and mistrust displayed by the indigenous communities towards the members of the Original, that is colonial justice system. In part due to our transparency regarding Canada’s troubled history with its own indigenous peoples and our recognition that we were attempting to learn from the mistakes of the past to foreshadow a more positive future, it seemed to me that we had a certain credibility with all the stakeholders, in particular the indigenous communities who were present. The fact that two of our judges were indigenous and yet clearly persons of significance in our own colonial system of justice was not lost on those in attendance and, for me, enhanced the credibility we brought to the table;
• It is of course impossible to predict what will come of these consultations. While the second TAP mission may afford the opportunity to do some follow up, this is not guaranteed. And yet there was a clear sense of purpose and commitment by the stakeholders in attendance, both indigenous and not, to capitalize on the opportunity this first meeting of stakeholders post Resolution 053 presented to them. And it bears emphasizing that these first consultations would not have occurred but for this TAP initiative;
• I find it ironic, but not surprising, based on what I had observed during both my visits that in the final remarks we heard at the consultations from the various stakeholders, they were looking to the National Court of Justice to be leading the way to the increased dialogue and plans of action for the future. Notwithstanding the clear provisions of the 2008 Constitution, it is the Ecuadorian judiciary, in particular the National Court of Justice and the Constitutional Court, not the legislative or executive branches of government that is leading the way in recognizing and advancing the equality of both Indigenous and Original systems of justice.

 

Patrice Abrioux, Court of Appeal for British Columbia

 

 

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