Introduction: The Silent Emergency Made Visible

Each year on May 5, red dresses hang solemnly from trees, fences, and public buildings across Canada. These garments, striking in their simplicity and symbolism, represent thousands of Missing and Murdered Indigenous Women, Girls, and Two-Spirit people (MMIWG2S) whose lives were cut short or erased through violence—and whose stories often go untold by the justice system.

What began as an art installation—the REDress Project by Métis artist Jaime Black—has grown into Red Dress Day, a national day of remembrance and protest. But remembrance alone is not justice. The legal community now faces a critical question: What structural legal reforms are necessary to protect the most vulnerable from violence, neglect, and systemic failure—both in Canada and beyond?

The Legal Crisis Behind Red Dress Day

Canada’s own National Inquiry into Missing and Murdered Indigenous Women and Girls, concluded in 2019, described the situation as a “Canadian genocide.” The final report called out decades of systemic racism, colonialism, and institutional indifference across law enforcement, child welfare, and judicial systems.

Key Legal Failings Identified:

• Discriminatory policing: Many cases were mishandled or ignored by police, with victims stereotyped and families disregarded.
• Lack of consistent data: Canada still lacks a national database to track cases of MMIWG2S, undermining accountability and transparency.
• Jurisdictional confusion: Conflicting authority between federal, provincial, and Indigenous jurisdictions has created dangerous legal gaps, particularly in remote and rural communities.
• Inadequate victim services: Survivors and families often face barriers in accessing trauma-informed support, legal aid, and fair treatment in the courts.

Canada’s Legal Response: Progress and Gaps

1. The National Action Plan (2021–2026)

Following the inquiry, the Canadian government launched a national action plan to implement 231 Calls for Justice, including legal reforms, culturally safe services, and funding for Indigenous-led justice initiatives.

2. Missing Persons Legislation

Several provinces (e.g., Manitoba, Alberta) have introduced laws enabling faster response when Indigenous women go missing, but national harmonization remains lacking.

3. Indigenous Policing as Essential Service

Efforts are underway to recognize Indigenous policing as an essential service under federal law, which would mandate stable funding and greater autonomy for community-controlled safety models.

Yet, advocates argue that progress has been slow and fragmented—without binding federal legislation to enforce long-term systemic change.

Global Context: A Transnational Human Rights Issue

The crisis of violence against Indigenous women is not unique to Canada. In the U.S., Australia, and parts of Latin America, Indigenous women and gender-diverse people face disproportionate rates of murder, trafficking, and state neglect.

International Legal Gaps

• Lack of enforcement under UNDRIP (United Nations Declaration on the Rights of Indigenous Peoples): While symbolic, it lacks binding legal force unless integrated into domestic law.
• Gender-based violence laws often overlook intersectionality—failing to account for compounded risks faced by Indigenous women and 2SLGBTQ+ individuals.
• No international tribunal or mechanism specifically tasked with addressing crimes against Indigenous women, particularly in settler colonial contexts.

Legal Reforms Needed: Canada and Beyond

To move from symbolism to justice, legal systems must be restructured to prioritize Indigenous-led, trauma-informed, and enforceable protections.

1. Enshrine UNDRIP into Domestic Law

Canada has adopted UNDRIP legislation but must integrate it into criminal, family, and administrative law frameworks with measurable outcomes.

2. Create a National Missing Persons & Homicide Database

Mandated by federal law and co-governed by Indigenous communities to track cases, patterns, and accountability.

3. Establish Independent Indigenous Justice Systems

Empower Indigenous legal orders through legislative frameworks and funding. This includes courts, mediation models, and community safety programs.

4. Mandate Independent Police Oversight

Especially for cases involving Indigenous victims, to address persistent police misconduct and inaction.

5. International Human Rights Protections

• Develop an international treaty or protocol on Indigenous women’s rights under UN oversight.
• Support Indigenous rights at the International Criminal Court (ICC) when state neglect or violence rises to the level of systemic abuse.

Conclusion: Red Dresses, Real Justice

Red Dress Day is more than a symbol—it is a demand. For every dress that sways in the wind, there is a family waiting for justice, and a legal system that has too often failed them.

The legal industry cannot afford to treat Red Dress Day as merely a cultural or social movement. It is a legal call to action—to legislate, adjudicate, and enforce the rights of Indigenous women and gender-diverse people with urgency, humility, and the understanding that justice must be co-created with the very communities it has too long ignored.