Appearance before the Standing Committee on Indigenous Peoples (APPA) Current and Upcoming Priorities - November 1, 2022

Key Messages

• Residential schools are a shameful part of racist and colonial policies that removed Indigenous children from their communities, their families, languages and cultures.
• Everyone in Canada has a role to play in learning about, and addressing the ongoing impacts of residential schools and of the many children who never returned home.
• Addressing these impacts is at the heart of reconciliation and a renewal of the relationships between Indigenous Peoples who attended these schools, their families and communities, and all Canadians.
• ISC is working with communities and other partners, to provide resources and the support needed as determined by the community.

Background

• ISC's mandate letter commitment outlines that the Minister will work with the Minister of CIRNA to address the history and legacy of residential schools, including by continuing to provide the necessary supports to communities who wish to continue to undertake the work of burial searches at the sites of former residential schools and other federally-run institutions.

Current Status

Key Messages

• Emergency Management Assistance Program supports emergency management services and works with First Nation communities to develop robust emergency management plans, focusing on an all hazard approaches.
• ISC is actively looking at ways to improve the Emergency Management Assistance Program to ensure that First Nation communities get the assistance they need in the quickest manner possible. From a program point of view, this means reducing administrative inefficiencies, alleviating the reporting burden, and targeting funding to the communities that are the most at-risk.
• Through our negotiations with First Nation leadership and the provinces and territories, we have placed an emphasis on ensuring that communities that are disproportionately affected by emergency events (e.g. women, children, elderly, 2SLGBTQQIA+, persons with disabilities, etc.) are engaged in emergency management planning.
• Indigenous Services Canada (ISC) is working with First Nation communities and the provinces and territories to develop multilateral emergency management service agreements.
  • Multilateral agreements ensure the inclusion of First Nations as full and equal partners and will help advance the transfer and control over the development of emergency management services to First Nations, advance reconciliation and service transfer.
• We are also looking at ways to enhance capacity and leverage local knowledge and expertise directly in First Nation communities, such as securing more funding to increase the number of Emergency Management Coordinators in community.
• It is crucial that approaches to emergency management are proactive and not reactive, and building community preparedness and investing in structural mitigation projects are key to a more resilient future.
  • Over the last few years, ISC has turned its focus to mitigation and preparation measures. Emergency Management Assistance Program's Capacity Enhancement program, which supports community disaster resilience, and the Non-Structural Mitigation and Preparedness program, which supports small-scale projects that prepare communities for emergencies caused by natural disasters, are a few examples of this.
• Climate change is disproportionally impacting Indigenous communities due to their remote locations, close ties to the land and reliance on natural resources. Supporting Indigenous communities to ensure the health and safety of these communities is a top government priority.
• Through the First Nations Infrastructure Fund, ISC has been able to provide dedicated funding to First Nations for climate resilience infrastructure, with a focus on structural mitigation.
  • It is more cost-effective to invest in mitigation and preparedness efforts than to respond to emergencies when they occur. Public Safety Canada estimated that for every $1 invested in mitigation efforts, $7 to $10 can be saved in post-recovery costs.
  • Some of these projects include maintaining winter roads integrity, construction of fire breaks and protection of water and wastewater systems.

Background

• ISC provides emergency management services to on-reserve First Nation communities through the Emergency Management Assistance Program, which provides funding to First Nation communities so they can build resiliency, prepare for natural hazards and respond to emergencies.
  • Emergency Management Assistance Program provides funding based on the four pillars of emergency management: mitigation, preparedness, response, and recovery.
• As part of the recovery pillar, Emergency Management Assistance Program is guided by a Building Back Better recovery framework that centers on supporting the restoration of communities and assets in a manner that achieves two goals:
  1. Reduces the vulnerability of First Nation communities to disasters; and
  2. Strengthens the First Nations' community resilience.
• ISC also works with provincial and territorial governments, through bilateral service agreements, to ensure First Nation communities have access to comparable emergency assistance services available to other residents in their respective jurisdictions.
• Although supporting resilient infrastructure on-reserves is a priority for ISC, there is limited dedicated funding to mitigating natural disasters and climate adaptation. To support our partners, ISC works with various government departments that provide funding to First Nation recipients through a variety of programs.

Current Status

Key Messages

• All Canadians should have access to safe, clean, and reliable drinking water.
• This commitment goes beyond addressing long-term water advisories. It's about working with First Nations to build sustainable systems that ensure that communities have access to safe drinking water now and into the future.
• Since 2016 and with support from the Government of Canada, First Nations have made significant progress in replacing or renovating water and wastewater infrastructure on reserves, building capacity of training operators, lifting long-term drinking water advisories, and preventing short-term advisories from becoming long-term.
• Furthermore, significant progress is being made on co-developing new drinking water legislation and the transfer of water and wastewater service delivery.

Background

Current Status

Issue Summary

The Final Report to Parliament on the Review of S-3 highlighted that while known sex-based inequities have been addressed in the registration and band membership provisions of the Indian Act, Indigenous Services Canada (the Department) recognizes that residual effects remain and continue to have discriminatory impacts.

The Department also recognizes that other inequities persist, including the second generation cut-off, enfranchisement and scrip. The Department is taking action to address these remaining inequities and engagement with Indigenous partners, stakeholders and First Nations on potential solutions is underway.

The Department is also currently working to resolve enfranchisement related inequities in response to the Nicholas Charter challenge. On January 6, 2022, the Nicholas abeyance agreement came into force, based on Canada's commitment to initiate, in the timeliest manner possible, the parliamentary process for legislative change to address enfranchisement related inequities.

The Government is committed to bringing about changes in a timely manner, to honour the abeyance agreement and ensuring that family histories of enfranchisement no longer impact entitlement to registration under the Indian Act.

Key Messages

• The Government of Canada is unequivocally committed to eliminating the residual impacts of enfranchisement in the Indian Act.
• Considerable progress has been made in recent years to eliminate sex-based inequities from the registration and band membership provisions of the Indian Act. Examples include: the implementation of legislative amendments (through Bills C-31, C-3 and S-3), along with policy and process changes, modernization of government operations, and outreach to potentially affected people.
• On March 3, 2022, the Honourable Patty Hajdu, Minister of Indigenous Services and Juristes Power Law (JPL), who represent the plaintiffs in the Nicholas v. AGC Charter challenge, announced a mutual agreement putting the litigation in abeyance in order to allow the parties to pursue an out-of-court legislative solution to end the ongoing impacts of enfranchisement.
• Since the March 2022 announcement, Canada, JPL and other Indigenous partners have collaborated in the co-development of proposed legislative solutions for the residual impacts of enfranchisement and other inequities.
• While acknowledging the progress made, we also recognize that inequities remain in the registration and band membership provisions of the Indian Act, including residual impacts of enfranchisement.
• Canada remains committed to working with First Nations, Indigenous partners, and other stakeholders to redress historical wrongs.

Background

The Minister of Indigenous Services has a mandate to support First Nations' self-determination and to transition away from the Indian Act. In support of that mandate, and in response to the active Nicholas v AGC Charter challenge on enfranchisement-related inequities, Bill C-X proposes to address inequities in registration and band membership under the Act.

Dating back to 1857, enfranchisement terminated individuals' official recognition and entitlement as First Nations in order to grant them the rights of Canadian citizenship. Enfranchisement was a process whereby members of First Nations lost eligibility for registration under the later Indian Act (1867), and frequently, membership in their home communities. In return, they gained basic entitlements, such as Canadian citizenship, the right to vote in Canadian elections, the right to hold land in fee simple, and freedom from compulsory residential school attendance for their children.

This legal process not only extinguished individuals' rights to registration under the Indian Act, but it eliminated their right to access to a range of associated rights and benefits, including: the ability to hold reserve land; the right to preserve membership in their Nations; the right to vote in their Nations' community elections; the right to access targeted federal programs, services and benefits; and the benefits of retaining and transmitting a socio-cultural connection to their Indigenous heritage. Individuals, including men and their wives and minor children, could be enfranchised involuntarily or by application. In 1985, Bill C-31, An Act to Amend the Indian Act was introduced to eliminate discriminatory provisions and ensure compliance with the Charter. Bill C-31 introduced new categories under section 6 of the Act to determine eligibility for registration and which reinstated eligibility for registration for a large number of individuals and their first generation descendants. As part of these changes, the process of enfranchisement was eliminated from the Act and individuals who had previously voluntarily or involuntarily enfranchised could apply to have their registration reinstated. Individuals and their children who had been enfranchised by application were reinstated under section 6(1)(d) and those who had been involuntarily enfranchised were reinstated under section 6(1)(e) of the Indian Act.

The 1985 amendments also introduced new provisions (under sections 10 and 11) for band membership. Section 10 enables bands to determine and control their own membership by developing approved membership codes that define who is entitled to membership in their First Nations. Section 11 allows the Indian Registrar to administer band lists for bands that do not seek control of their membership under section 10 (a First Nation may request to assume control under section 10 at any time) For both section 10 and 11, entitlement to registration impacts band membership lists and affiliated lists, both of which have implications for First Nations elections, eligibility for settlements and funding agreements for on-reserve programs.

Despite the elimination of enfranchisement provisions, the entitlement of descendants with a family history of enfranchisement continues to be impacted today. Further, while the registration and membership provisions of the Indian Act were subsequently amended in 2011 under the Gender Equity in Indian Registration Act (Bill C-3), and in 2017, under An Act to amend the Indian Act in response to the Superior Court of Quebec decision in Descheneaux c. Canada (Procureur général) (S-3), these legislative changes focused on removing sex-based inequities in registration. Remaining inequities relating to enfranchisement continue to persist. Descendants are unable to transmit entitlement to registration to the same extent as entitled individuals who have no family history of enfranchisement. Those who enfranchised as band or a collective also have no entitlement to registration today.

In July 2021, Juristes Power Law (JPL) filed Nicholas v. AGC, a Charter challenge on behalf of plaintiffs who are not entitled to registration under the Indian Act and/or cannot pass on entitlement to their descendants because they have a family history of enfranchisement. In line with the Government's public acknowledgement that the residual impacts of enfranchisement are a remaining inequity in the registration provisions of the Indian Act, Canada elected not to file a statement of defense and instead entered into an agreement with the Nicholas plaintiffs to place the litigation in abeyance, and to make best efforts to seek the necessary authorities to introduce legislation to address enfranchisement as quickly as possible. As part of the abeyance agreement and at the request of JPL, the Minister also committed to seeking the authorities to share a consultation draft of the proposed legislative amendments with the plaintiffs' counsel in Nicholas v. AGC as it pertains to the enfranchisement-related provisions. The abeyance creates a time-sensitive and high-priority need to rectify the inequities caused by enfranchisement.

The Nicholas plaintiff group is made up of 15 individuals. Some will receive a change in the category under which they are currently registered and others will be newly eligible for registration. If all individual and collective enfranchisement issues are addressed, approximately 3,500 individuals over the next five years could be newly eligible for registration.

Current Status

The Government is preparing draft legislation and actively engaging with First Nations, Indigenous organizations, and other interested and impacted individuals, in anticipation of introducing proposed amendments to Parliament in the Fall of this year.

Minister Hadju has publicly advocated for a timely coming into force of the legislative amendments.

The Bill seeks to remedy issues in registration and band membership that have been highlighted as pre-requisite fixes needed to support a full transition from the current Indian Act. It would:

• Address the ongoing impacts stemming from a family history of enfranchisement on entitlement to registration today;
• Support the autonomy of individuals by ensuring they can have their names removed from the Indian Register;
• Recognize the acquired rights of all individuals to their natal band membership;
• Eliminate outdated and offensive language about First Nations persons with a disability.

Acknowledging that other inequities remain, the Department will co-develop and launch early in 2023 a consultation process on options to address broader reform issues, including section 10 voting thresholds, second-generation cut-off, scrip, entitlement under 6(1)(b) and cross-border issues. A brief overview of these remaining issues follows:

• Section 10 voting thresholds: currently, a First Nation must obtain a double majority voting threshold to assume control of their membership. This has been identified as a difficult barrier for nations to reach.
• Second Generation cut-off: Introduced in 1985, the second generation cut-off limits the transmission of status after 2 generations of non-Indian parentage. An alternative approach may align more with a nation to nation relationship.
• Scrip: Scrip was given to Métis people in exchange for their land rights. This eliminated their rights to registration and membership under the Indian Act.
• Entitlement under 6(1)b: Individuals who gain individual entitlement based on their band being recognized are registered under 6(1)b. This issue would be addressed by the second generation cut-off.
• Cross border issues: The Indian Act registration and membership provisions do not consider affiliation with tribes in the United States.

Key Messages

• The department recognizes that transferring control to Indigenous partners and organizations is the best way to improve services. Indigenous Services Canada is working with Indigenous partners to advance regional service transfer goals and initiatives.
• Service Transfer is taking place at the regional level and regional readiness to support Service Transfer must also reflect the unique regional contexts and the diverse needs of Indigenous partners. ISC continues to engage in an ongoing dialogue with Indigenous partners to outline targets, as well as the timing and process to move towards their control over service delivery.
• ISC is leading a number of initiatives to support First Nations communities across Canada working towards taking responsibility and control of emergency management, housing, water and other infrastructure services on reserve. Examples include:
  • The Atlantic First Nations Water Authority signed a framework agreement with ISC and is in the interim start-up phase for a water and wastewater utility model;
  • The First Nations Capital and Infrastructure Agency of Saskatchewan signed a framework agreement with ISC. The organization is in the interim operations phase prior to transfer and their model covers all community infrastructure; and
  • The department is developing multilateral emergency management service agreements which ensure the inclusion of First Nations as full and equal partners. These agreements will help advance the transfer and control over the development of emergency management services to First Nations in order to advance reconciliation and service transfer.
• The Government of Canada is also committed to working with First Nations to support accountable, strong, and sustainable governments. Strong Indigenous governments are vital to the effective delivery of all federal government investments, and are foundational to the legislated Transfer of responsibilities to Indigenous organizations.

Background

Current Status

Modernization of Canada's support for First Nations governance is currently under way: analyses to determine Canada's current levels of support for governance and First Nations governance needs are in development, with contributions from Indigenous organizations such as the Aboriginal Financial Officers Association (AFOA) Canada, the First Nations Financial Management Board, and potentially other Indigenous organizations. A technical working group co-chaired by ISC and the Assembly of First Nations is meeting regularly in order to guide this analysis. Completion of this work is expected for the Summer of 2023.

As interim measures while program modernization efforts advance, supplementary funding has been provided to maintain core governance operations as well as governance capacity building in Indigenous communities. The interim program integrity funding for core governance (Band Support Funding, Employee Benefits and Tribal Council Funding) sunsets in March 2023 and ISC is currently exploring options to avoid a significant drop in funding ahead of program modernization.

Supporting First Nations governance is a key step in meeting the Government of Canada's Service Transfer objectives. The department is currently working to identify the scope as well as Service Delivery Models to advance successful service transfer initiatives. New initiatives on Service Transfer are currently under way at ISC, they include but are not limited to:

• On Emergency Management: In April 2019, ISC signed a Tripartite Memorandum of Understanding on Emergency Management Services with the First Nation Leadership Council (FNLC) and the Province of British Columbia. This established a foundation with First Nation partners to create a relationship based on full and equal partnership and begins a shift from bilateral service agreements between ISC and the provinces and territories to establishing agreements with the full inclusion of First Nation partners.
• Ontario has also made progress towards the development of a multilateral agreement. In 2022, a Joint Command Governance Model was developed between ISC, Indigenous partners and the province in advance of the wildfire and flood season to streamline the process from when a First Nation makes a request for help to the point of providing a coordinated emergency response. ISC is now exploring forward looking program changes that could broaden the scope of Emergency Management Assistance Program and lead to improved service delivery in on-reserve First Nation communities.
• On Infrastructure: The First Nations Housing and Infrastructure Council of British Columbia is currently developing the scope and service delivery model for First Nations housing and community infrastructure while working with First Nations Leadership to ensure ongoing support for their for Service Transfer initiative;
• The First Nations Capital and Infrastructure Agency of Saskatchewan signed a framework agreement with ISC. The organization is in the interim operations phase prior to transfer and their model covers all community infrastructures; and
• The First Nations Infrastructure Institute is scoping and developing models for policy and training, as well as procurement and project management standards.

Key Messages

• Indigenous control over service design and delivery is essential to ensuring high-quality, culturally relevant services that ultimately will lead to better socioeconomic outcomes for First Nations, Inuit and Métis people and communities.
• ISC is working with Indigenous partners to support the transfer of service delivery to Indigenous governing bodies and institutions that can better reflect and meet the distinct needs of their communities.
• Meaningful and true transfer will require sustained commitment and the tools and financial resources to speed the transfer process.
• ISC engagement with Indigenous communities and organizations will be an important step to explore the medium and long-term directions of the transfer of ISC programs and services.
• While the long-term goal of the Department is to transition away from the Indian Act, ISC will continue to work closely with First Nations communities and organizations to improve and reform current suite of ISC programs and services.

Background

• The Department of Indigenous Services Act mandates the Minister of Indigenous Services to work toward the gradual transfer of Departmental responsibilities to Indigenous control.
• The Minister's mandate letter also directs ISC to support First Nation-led processes to transition away from the Indian Act; and advance jurisdiction of Indigenous partners on areas that matters to them.
• Flagship examples of service transfer range from the BC First Nations Health Authority (all health services under one region Community and the New Fiscal Relationship ten-year grant (individual community level). This is an important complement to the rights and recognition work – such as negotiation of self-government agreements – undertaken by CIRNAC.
• While this work is not new, it is accelerating. For example, there are now 12 active service transfer tables in the area of infrastructure alone.

Current Status

• Service transfer highlights this fiscal year include:
  • The Atlantic First Nations Water Authority will be able to take control of water and wastewater services in up to 17 communities, supported by the allocation of $173.2 million over ten years through Budget 2022, starting in 2022-23.
  • National, regional and community-based Indigenous organizations continued to lead engagement and dialogue sessions to capture Indigenous perspectives about the scope and substance of distinctions-based Indigenous health legislation, the results of which will be published in the National What We Heard Report in November 2022.
  • A Regional Education Agreement was signed with the First Nations Education Council, which includes 8 First Nations and 22 member communities in Quebec.
• The department intends to engage with partners on the co-development of a Service Transfer Policy Framework. The purpose of the Framework is to clarify the partners objectives with respect to service transfer in a transparent manner.
• ISC must work through key challenges with Indigenous partners, including:
  • Areas in which funding is not yet sufficient to close socioeconomic gaps;
  • Programs and services that are entrenched in the Indian Act and require additional time to undo legislative constraints;
  • Areas of jurisdictional complexity that involve collaboration and/or negotiation with provinces and territories.

Issue Summary

First Nations, Inuit and Métis Peoples continue to endure racism and discrimination when seeking health services. Addressing anti-Indigenous racism will require the Government of Canada to work in partnership with provinces and territories, health system partners and educational institutions.

Key Messages

• The mistreatment and death of Joyce Echaquan of Manawan First Nation while at the Joliette hospital in Quebec should never happen again in this country.
• The Government of Canada has committed to addressing and ending anti-Indigenous racism in Canada's health systems in a way that is informed by the lived experiences of Indigenous Peoples.
• Action at all levels is required to make meaningful progress towards eliminating anti-Indigenous racism in Canada's health systems.

Background

On October 16 2020, the Ministers of Indigenous Services, Crown Indigenous Relations and Northern Affairs, and Health convened an urgent meeting, bringing together Indigenous, provincial and territorial governments and partners, and health practitioners and regulators to honour the life of Joyce Echaquan and to hear about the lived experiences of Indigenous patients and providers. The Rapporteur's Final Report was shared with meeting attendees.

On January 27 and 28, 2021, federal, provincial and territorial governments and Indigenous and health system partners met virtually to share both short and long-term concrete actions to eliminate anti-Indigenous racism in health systems. At this National Dialogue, the Minister of Indigenous Services Canada launched the engagement process for the co-development of distinctions-based Indigenous Health Legislation to deliver high quality healthcare for First Nations, Inuit and Métis.

A third National Dialogue was held on June 28 and 29, 2021 to pursue collective actions related to four themes: increasing Indigenous representation in post-secondary health education, cultural safety and humility, traditional approaches to health, and safe patient navigation.

Key outcomes of these meetings included:

• The Government of Canada affirmed its commitment that the distinctions based health legislation will be informed by the spirit and elements of Joyce's Principle;
• Continued leadership role of the federal government to address anti-Indigenous racism in health systems, including as a convenor to support organizations in their capacity to address systemic racism issues and advocacy/engagement;
• Need for focused regional distinctions-based approaches to address racism in health system; and,
• Sharing of best practices and lessons learned in order for organizations and governments to collaborate in advancing their actions.

A fourth National Dialogue on Data is currently being planned for Winter 2023. This dialogue will bring together Indigenous Health Professional Organizations, National Indigenous Organizations, health systems partners, Provinces and Territories and data experts to address gaps in data on incidents of anti-Indigenous racism and impacts of racist outcomes in the health systems.

Current Status

Additional Information

Key Messages

• Infrastructure on reserve is more than bricks and mortar; it connects individuals and families to their communities, provides them with a sense of place and identity, and allows them to be active participants, socially and economically, while contributing to improve their well-being and quality of life.
• Too often First Nations lack access to safe, adequate housing, clean drinking water, transportation, or connectivity that are crucial to improving health and social outcomes while advancing self-determination and reconciliation.
• The Government of Canada has committed to closing the critical infrastructure gap in First Nations, Inuit and Métis communities by 2030 and, since 2016, has committed to $17.17B in investments to improve infrastructure in Indigenous communities.
• These funds are having an impact. As of June 30, 2022 investments in First Nations have resulted in:
  • Building, renovating or servicing lots for more than 27,000 homes;
  • Building or renovating more than 200 schools;
  • More than 200 fire protection projects;
  • More than 40 projects to improve connectivity; and,
  • More than 260 projects for roads and bridges.
• We know there is more to do and we continue to work in partnership with Indigenous leadership and communities to implement community-led solutions, including the co-development of distinctions-based infrastructure plans.

Background

Current Status

• In total, the Government of Canada has committed more than $17 billion through to 2026-2027 to improve infrastructure in Indigenous communities. These investments have resulted in thousands of infrastructure projects in Indigenous communities as well as the development of distinctions-based housing strategies for First Nations, Inuit and Métis.
• Engagement efforts are underway to better understand the infrastructure gaps communities are facing and the impacts they have on health and wellbeing.
• Indigenous Services Canada and other federal departments, will continue to support First Nations, Inuit and Métis partners to identify the resources needed to close infrastructure gaps and support communities' self-determination in the process.

Issue Summary

Significant and long-standing gaps persist between Indigenous and non-Indigenous Peoples in Canada in accessing high quality, culturally relevant health services. There is no federal health legislation relating directly to Indigenous Peoples that provides clarity and certainty on the roles and responsibilities of different levels of government in health care for Indigenous peoples; nor is there legislation that ensures stable, predictable funding and services, or principles of care, that align with Indigenous cultures, values, and beliefs.

Key Messages

• The Government of Canada acknowledges the challenges faced by First Nations, Inuit and Métis in accessing culturally safe care. Canada is committed to working in partnership with Indigenous Peoples to advance their health priorities.
• The Government of Canada recognizes the potential to build a legislative basis to improve access to high-quality and culturally relevant health services for Indigenous Peoples.
• Working in partnership with First Nations, Inuit, and Métis in the co-development of legislative options is an opportunity to set out a process for ongoing collaboration; establish overarching principles as the foundation of health services for Indigenous Peoples; support the transformation of health service delivery; advance shared commitments to ongoing reconciliation efforts; and address systemic racism and service gaps within the health system.
• The Government of Canada is committed to working together with First Nations, Inuit, and Métis to co-develop potential legislative options.

Background

• Health is a complex matter for which the provinces, territories and the federal government have some shared jurisdiction.
• Provinces and territories are responsible for health care delivery in their respective jurisdictions and receive transfer payments from the federal government to provide universally accessible and publicly insured health services to all residents, including Indigenous Peoples. However, provincial and territorial governments generally do not provide health services in Indigenous communities. To address this gap, the federal government, guided by the 1979 Indian Health Policy, has assumed a funding role and, in some cases, a direct delivery role for health services.
• Recent reports, including the Truth and Reconciliation Commission and the National Inquiry into Missing and Murdered Indigenous Women and Girls, have identified significant gaps in health services between Indigenous and non-Indigenous people.
• In addition, Indigenous peoples and groups continue to raise, before the Government and the Courts, instances in which they have experienced racism through substandard care leading to death, misdiagnosis, or unnecessary and unwanted medical interventions.
• In 2019, the Prime Minister of Canada mandated the Minister of Indigenous Services to "co-develop distinctions-based Indigenous health legislation, backed with the investments needed to deliver high-quality health care for all Indigenous Peoples."
• The 2020 Fall Economic Statement announced $15.6 million over two years, starting in 2021-22 to advance the co-development of distinctions-based Indigenous health legislation.
• In January 2021, a federal engagement process to co-develop distinctions-based Indigenous Health legislation was launched following the national dialogue on Addressing Anti-Indigenous Racism in the Healthcare system.
• In December 2021, the Government of Canada reiterated its committed to "fully implement Joyce's Principle and ensure it guides work to co-develop distinctions-based Indigenous health legislation to foster health systems that will respect and ensure the safety and well-being of Indigenous Peoples".
• Working in partnership with First Nations, Inuit, and Métis in the co-development of legislative options is an opportunity to:
  • Address significant gaps in health outcomes that persist between Indigenous and non-Indigenous people in Canada;
  • Advance reconciliation and implement health related Truth and Reconciliation Commission Calls to Action, and Missing and Murdered Indigenous Women and Girls Calls for Justice;
  • Honour the United Nations Declaration on the Rights of Indigenous Peoples and support consistency and implementation of the United Nations Declaration on the Rights of Indigenous Peoples Act;
  • Take action to address racism, discrimination and systemic violence within health systems;
  • Support health transformation and Indigenous governments in assuming greater control of the design, administration, management and delivery of health services; and
  • Answer calls from Indigenous partners for healthcare services that are equitable, accessible, adequately and sustainably funded, and self-determined.

Current Status

Issue Summary

Overview of the Departmental supports in place to address the profound and far-reaching impacts of the COVID-19 pandemic.

Key Messages

• The health and safety of First Nations, Inuit and Métis individuals and communities is a top priority for the Government of Canada, and Indigenous Services Canada (ISC) acted quickly to provide supports and resources, such as personal protective equipment, cleaning supplies, training, and adaptation measures to help prevent COVID-19 cases in Long Term Care facilities in Indigenous communities.
• Throughout the pandemic, ISC has provided funding to Indigenous leadership and organizations, as well as the territorial governments with the flexibility needed to design and implement community-based solutions to prevent, prepare and respond to the spread of COVID-19 within their communities.
• ISC continues to support Indigenous communities and individuals in their COVID-19 preparedness, response and recovery.
• ISC recognizes the importance of vaccination against COVID-19 as well as the need for access to personal protective equipment (PPE) through the ISC Stockpile.
• ISC's Non-Insured Health Benefits (NIHB) Program continues to provide benefits and services to clients (registered First Nations and recognized Inuit) during the COVID-19 pandemic, and is making every effort to serve clients and providers in a timely manner.
• To date, ISC has provided $279.8 million to territorial Indigenous partners and governments to respond to the COVID-19 pandemic.

Background

ISC works closely with the Public Health Agency of Canada, other Government of Canada departments, and provincial and territorial governments as well as Indigenous partners to protect the health and safety of Indigenous peoples. This includes supporting Indigenous partners in responding to public health threats.

Current Status

Issue Summary

Indigenous Peoples are at a greater risk of facing complex mental health and substance use issues than non-Indigenous populations in Canada. Addressing this issue needs a holistic, Indigenous-specific, strength-based, distinctions-based, trauma-informed, culturally grounded, community-driven approach that supports Indigenous people, families, and communities. This approach must recognize the legacy of residential schools, day schools, the sixties' scoop, and other impacts of colonization as well as focus on the social determinants of health such as culture, language, self-determination, access to services and supports, poverty, housing and food security.

Key Messages

• Addressing inequities in mental wellness being experienced by Indigenous people, families and communities is a key priority for the Government of Canada.
• Indigenous Services Canada works closely with Indigenous partners and communities to support Indigenous-led, distinctions-based, holistic, culturally-grounded, trauma-informed and community-based approaches to mental wellness.
• The Government of Canada recognizes the pivotal role that intergenerational trauma and the social determinants of health, particularly culture, play in mental wellness outcomes of Indigenous populations.

Background

Mental wellness is a key priority for Indigenous leaders, organizations and communities. This is a priority shared by the Government of Canada. Indigenous Peoples are at a greater risk of facing complex mental health and substance use issues than non-Indigenous populations in Canada.

Addressing this issue needs a holistic, Indigenous-specific, strength-based, distinctions-based, trauma-informed, culturally grounded, community-driven approach that supports Indigenous people, families, and communities. It also needs to address the legacy of residential schools, day schools, the sixties' scoop, and other impacts of colonization as well as focus on the social determinants of health such as culture, language, self-determination, access to services and supports, poverty, housing and food security. The Government of Canada is focused on investing in Indigenous-led approaches to mental wellness that are culturally-relevant, trauma-informed and community-based. Indigenous Services Canada works closely with Indigenous partners at the national, regional and community levels and is guided by Indigenous-led frameworks such as the First Nations Mental Wellness Continuum Framework, Honouring Our Strengths, and the National Inuit Suicide Prevention Strategy.

The Government of Canada has made significant recent investments to improve mental wellness in Indigenous communities, with an approximate annual investment of $650 million in 2022-23. These investments are made to meet the immediate mental wellness needs of communities by supporting Indigenous-led suicide prevention, life promotion and crisis response, including through crisis line intervention services, and enhancing the delivery of culturally-appropriate substance use treatment and prevention services in Indigenous communities. This funding also supports the provision of trauma-informed health and cultural supports to Indigenous people impacted by intergenerational and childhood trauma, including Survivors of Indian Residential Schools and federal Day Schools as well as those affected by the issue of Missing and Murdered Indigenous Women and Girls and 2SLGBTQQIA+ people.

Mental wellness supports are available through the Non-Insured Health Benefits (NIHB) and mental wellness funding through Jordan's Principle. The NIHB mental health counselling program provides coverage for professional mental health counselling to complement other mental wellness services that may be available to clients or in communities. The program provides eligible clients with coverage for benefits not available under other federal, provincial, territorial or private health insurance. Jordan's Principle makes sure all First Nations children living in Canada can access the products, services and supports they need, when they need them. Funding can help with a wide range of health, social and educational needs, including mental wellness supports. Requests for Inuit children can be made through the Inuit Child First Initiative.

Current Status

Indigenous populations have been disproportionately affected by the COVID-19 pandemic and the on-going opioid crisis. Inequities in mental wellness and opioid-related harms and deaths have worsened over the course of the pandemic. Many mental wellness services continued to be accessible during the pandemic with some experiencing, shifts in service delivery, or new innovative approaches to reach community members.

The Government of Canada announced an investment of $82.5M in August 2020 to help Indigenous communities adapt and expand mental wellness services, improving access and addressing growing demand, in the context of the pandemic.

Budget 2021 announced $597.6M over three years for a distinctions-based mental wellness approach for First Nations, Inuit, and Métis. This included renewed funding to continue essential services such as crisis lines and mental health, cultural, and emotional support to former Indian Residential Schools and federal Day Schools students and their families as well as those affected by the issue of Missing and Murdered Indigenous Women and Girls.

The need for mental wellness supports further increased following confirmations of children's remains at former Indian Residential School sites across the country in 2021. In response, a new investment of $107.3M was announced in August 2021 for a one year expansion of trauma-informed mental health, emotional and cultural supports. Budget 2022 announced an investment of $227.6M over two years to maintain trauma-informed, culturally-appropriate, Indigenous-led services to improve mental wellness. Growing demand for these services is expected to continue.

Additional Information

Suicide prevention has been a longstanding priority for Indigenous communities in Canada. Suicide rates among Indigenous youth are among the highest in the world although there are substantial variations across communities. The Government of Canada recognizes that the root causes of Indigenous suicide are complex, with links to individual, family and community wellness; the legacy of colonization; and the Indigenous social determinants of health, such as self-determination, cultural continuity, housing, employment and income in communities.

To address the high rates of suicide that are happening in some Indigenous communities, the Government of Canada is supporting a variety of initiatives specific to life promotion and suicide prevention including launching the Hope for Wellness Helpline, supporting the implementation of the National Inuit Suicide Prevention Strategy, continuing to support the National Aboriginal Youth Suicide Prevention Strategy, and implementing the Youth Hope Fund. The Hope for Wellness Helpline provides immediate, culturally safe, telephone crisis intervention support for First Nations and Inuit, 24 hours a day, seven days a week (1-855-242-3310 or the online chat at hopeforwellness.ca), in English and French, and upon request in Cree, Ojibway, and Inuktitut.

Issue Summary

Jordan's Principle is a legal obligation of the Government of Canada to ensure all First Nations children living in Canada can access the products, services and supports they need, when they need them. Funding is demand-driven, and can help with a wide range of health, social and educational needs unmet through other programming at the federal, provincial/territorial, and/or local levels.

Jordan's Principle is named in memory of Jordan River Anderson. He was a young boy from Norway House Cree Nation in Manitoba.

Key Messages

• The Government of Canada is committed to the full implementation of Jordan's Principle, and to working with First Nations communities and partners to ensure that First Nations children can access the products, services and supports they need, when they need them.
• Jordan's Principle supports families in accessing products and services for First Nations children and youth to help with a wide range of health, social and educational needs.
• Between July 2016 and August 31, 2022, the reach of approved products and services was 2.04 million under Jordan's Principle. These include speech therapy, educational supports, medical equipment, mental health services and more.
• While we continue to provide support to First Nations children through Jordan's Principle, we will also work with First Nations partners, provinces and territories to develop longer-term approaches to help better address the unique health, social, and education needs of First Nations children.

Background

In 2005, at the age of five, Jordan River Anderson, a First Nations child from Norway House Cree Nation in Manitoba, died in the hospital while the provincial and federal governments could not agree on who was financially responsible for his home care in a medical foster home.

That year, the First Nations Child and Family Caring Society (Caring Society) released the Wen:De reports, among the policy recommendations was the concept of Jordan's Principle, a child-first principle to ensure that services for First Nations children are not delayed due to jurisdictional disputes.

In February 2007, the Assembly of First Nations (AFN) and the First Nations Child and Family Caring Society (Caring Society) filed a complaint with the Canadian Human Rights Commission (CHRC) that alleged that pursuant to section 5 of the Canadian Human Rights Act (the Act), Indian and Northern Affairs Canada (INAC) discriminates in the provision of child and family services to First Nations on reserve and in the Yukon, on the basis of race and/or national or ethnic origin, by providing inequitable and insufficient funding for those services. The implementation of Jordan's Principle was identified as a solution to jurisdictional disputes as part of this complaint.

On December 12, 2007, a Private Member's Motion No. 296 in support of Jordan's Principle was passed with unanimous support in the House of Commons in honor of Jordan River Anderson, "The government should immediately adopt a child first principle, based on Jordan's Principle, to resolve jurisdictional disputes involving the care of First Nations children."

In August 2007, the Government of Canada announced $11M in new funding to Health Canada for the implementation of Jordan's Principle. This implementation focused on jurisdictional disputes involving First Nations children living on-reserve with multiple disabilities requiring services from multiple service providers.

Under the federal response, no Jordan's Principle cases were identified (given the narrow scope) and the fund was eliminated. Requests for services that came forward were managed through federal/provincial contacts and services provided through existing programs.

The Truth and Reconciliation Commission released its Final Report in 2015. Call to Action #3 calls on "all levels of government to fully implement Jordan's Principle."

On January 26, 2016, the Canadian Human Rights Tribunal (CHRT) issued its first ruling with respect to the 2007 complaint by the Caring Society and AFN. The ruling substantiated the complaint and made a finding of discrimination against the Attorney General of Canada (for the Minister of Indian and Northern Affairs) that Canada was failing to provide an adequate level of child welfare services to First Nations families on reserve. The CHRT ordered Canada "to cease applying its narrow definition of Jordan's Principle and to take measures to immediately implement the full meaning and scope of Jordan's Principle."

Since that time, the CHRT has issued many other orders, clarifying eligibility, establishing definitions and timelines, and most recently, ordering Canada to fund on-reserve capital projects to support the delivery of Jordan's Principle services (2021 CHRT 41).

Current Status

On December 31, 2021, two Agreements-in-Principle were reached between Canada, the Assembly of First Nations, the First Nations Child and Family Caring Society, the Chiefs of Ontario, the Nishnawbe Aski Nation and counsels for the AFN-Moushoom and Trout class actions (collectively, "the Parties"). One Agreement in Principle is for compensation for those harmed by discriminatory underfunding of First Nations child and family services and for those who were denied, or delayed in receiving, services under Jordan's Principle, and the other pertains to the long-term reform of the First Nations Child and Family Services Program and Jordan's Principle.

These Agreements-in-Principle provide a basis for final settlement agreements to be negotiated over the coming months. The Agreements-in-Principle include:

• $20 billion in compensation for First Nations children on-reserve and in the Yukon, who were removed from their homes between April 1, 1991 and March 31, 2022, and for their parents and caregivers. This also includes compensation for those impacted by the government's narrow definition of Jordan's Principle between December 12, 2007 and November 2, 2017, as well as for children who did not receive or were delayed receiving an essential public service or product between April 1, 1991 and December 11, 2007 and their families. Our shared goal is to achieve a settlement that can be delivered to families as soon as possible.
• Approximately $20 billion, over five years, for long-term reform of the First Nations Child and Family Services program and Jordan's Principle to ensure that the discrimination found by the CHRT never repeats itself. Canada will take urgent steps to implement the measures set out in the "Work Plan to Improve Outcomes under Jordan's Principle, based on Indigenous Services Canada's Compliance with the Tribunal's Orders." The Work Plan specifically includes commitments to:
  • Identify, respond to and report on urgent requests;
  • Develop and implement Indigenous Services Canada internal quality assurance measures, including training on various topics, a complaint mechanism, and an independent office to ensure compliance;
  • Ensure privacy is protected, that least intrusive approach is used, and for the parties to engage the Privacy Commissioner;
  • Ensure that professional recommendations are respected, and that clinical case conferencing only takes place where reasonably required to ascertain needs;
  • Ensure that reapplications and/or cessation or disruption in funding, and/or payment procedures do not negatively impact First Nations children;
  • Increase national consistency and standards, especially with respect to group requests, develop and implement tracking to achieve this, and provide for re-review;
  • Increase specificity and personalization in denial rationales with prompt communication to requestor;
  • Implement "Back to Basics" approach and culture change to determination of Jordan's Principle requests; and
  • Identify mechanisms for off-reserve capital where required to provide safe, accessible, confidential, and culturally- and age-appropriate spaces to support the delivery of Jordan's Principle and confirmed through needs assessments and feasibility studies, in the course of negotiating Final Settlement.
  • The Parties will discuss options for First Nations to take on a larger a role in approving and delivering services, products and supports under Jordan's Principle. Following a needs assessment and feedback from First Nations and service providers, the Parties will develop an implementation approach for long-term reform of Jordan's Principle

Budget 2022 proposed to provide $4 billion over six years, starting in 2021‑22, to ensure First Nations children continue to receive the support they need through Jordan's Principle. This funding will also support long-term reforms to improve the implementation of Jordan's Principle, which includes the above Agreement in Principle deliverables and development and implementation of a "Back to Basics" Approach.

Canada will continue to implement the measures set out in the Agreement in Principle on the Long Term Reform of the First Nations Child and Family Services program and Jordan's Principle signed on January 4, 2022 by Canada and the Parties including a Back to Basics (B2B) approach to Jordan's Principle.

Canada was ordered (2022 CHRT 8) to fund and provide data in support of research to be conducted with the Institute of Fiscal and Democratic Studies to guide further development of the Long Term Approach to Jordan's Principle, and to engage with partners of the resources required in support of post-age of majority service navigation supports.

Canada will continue to implement the January 18, 2022 Canadian Human Rights Tribunal capital order to fund the purchase or construction of capital assets needed to support the delivery of First Nations Child and Family Services and Jordan's Principle services, and needs assessments and feasibility studies.

Following the November 25, 2022, the Canadian Human Rights Tribunal letter-decision indicating that the proposed Final Settlement Agreement signed on July 4, 2022, does not satisfy the orders, Canada will continue to negotiate Final Settlement Agreements on Compensation for children removed from their families, communities and culture under First Nations Child and Family Services and children impacted by the narrow definition of Jordan's Principle.

Canada will continue to advance towards a Final Settlement Agreement on Long Term Reform to prevent the reoccurrence of discrimination and end of CHRT oversight. As part of this Settlement, Canada will continue to work on long term approach for Jordan's Principle.

Additional Information

Key Messages

• Indigenous Services Canada recognizes the importance of Indigenous-led approaches to strengthening community safety and well-being. The recent tragedy in James Smith Cree Nation, Saskatchewan has drawn attention to the community safety challenges facing many First Nations communities across Canada, as well as the desire for holistic and culturally appropriate responses.
• The Department manages the Pathways to Safe Indigenous Communities Initiative, announced in Budget 2021, which provides $103.8 million over 5 years for Indigenous-designed projects to improve community safety and well-being.
• Indigenous Services Canada does not manage policing in Indigenous communities or the First Nations and Inuit Policing Program, for which Public Safety Canada is responsible.
• The Minister of Indigenous Services Canada is mandated to support the Minister of Public Safety to work with First Nations partners to co-develop a legislative framework for First Nations policing, and continuing to engage with Inuit and Métis on policing matters.

Background

• Announced in Budget 2021, the Pathways to Safe Indigenous Communities Initiative is a five-year initiative to support First Nations, Inuit and Métis communities and partners, both on and off-reserve, to implement Indigenous-designed projects to improve community safety and well-being. An open call for proposals was launched in April 2022.
• In Spring 2022, Public Safety Canada completed a series of virtual engagement sessions regarding First Nations policing legislation, and a What We Heard Report is now publicly available. In general, participants in Spring 2022 sessions felt that the legislation should:
  • Recognize First Nations police services as essential services;
  • Establish funding that is equitable to non-Indigenous police services, predictable, stable, flexible and responsive to the police services' needs;
  • Recognize First Nations' authority to identify policing and community safety priorities, and be involved in decision-making processes; and,
  • Identify federal, provincial/territorial and First Nations' roles in supporting First Nations police services to foster respectful relationships.

Current Status

• ISC continues to support Public Safety Canada's on-going work on co-development of First Nations policing legislation.
• The Pathways to Safe Indigenous Communities Initiative supports a wide range of projects. Funded projects include the development of a youth centre in Pikangikum, a pilot project to develop First Nations by-laws in Northern Manitoba, a Indigenous women's shelter in Winnipeg, and a culturally-based healing project on Vancouver Island. To date, 16 projects have been funded through Pathways. The Department is currently finalizing funding for approximately 30 additional projects this year.
• Pathways to Safe Indigenous Communities is one funding mechanism being used to support for the James Smith Cree Nation to address community safety and well-being needs.