I would make the distinction in that the criminal justice system is within the purview of the federal and provincial governments. For example, there is a recent decision of the Ontario Court of Appeal, a case called Kakekagamick, in which the Court of Appeal specifically mentions the fact that the courts in Ontario are not receiving the information they need in order to sentence aboriginal people properly. So I think it's on those sorts of bases that a challenge might be launched.
On November 23rd, 2006. See this statement in context.