Appearance Before the Standing Committee on Indigenous and Northern Affairs on Departmental Activities - February 25, 2020

Logistics

Date: Tuesday, February 25, 2020
Time: 11:00 a.m. to 1:00 p.m.
Location: Room 315 Wellington Building (197 Sparks Street)
Subject: Departmental Activities
Notes: It is recommended that witnesses arrive at the committee meeting room at least 15 minutes before they are scheduled to appear.

Appearing

The following representatives from Indigenous Services Canada will appear:

• Mr. Jean-François Tremblay, Deputy Minister
• Ms. Gail Mitchell, Associate Deputy Minister, Strategic Policy and Partnerships Sector

The following representatives from Crown-Indigenous Relations and Northern Affairs will appear:

• Mr. Daniel Watson, Deputy Minister
• Mr. Serge Beaudoin, Assistant Deputy Minister, Northern Affairs
• Ms. Annie Boudreau, Chief Finances, Results and Delivery Officer, Crown-Indigenous Relations and Northern Affairs
• Mr. Martin Reiher, Assistant Deputy Minister, Resolution and Individual Affairs Sector, Crown-Indigenous Relations and Northern Affairs Canada

Context

The membership for the House of Commons Standing Committee on Indigenous and Northern Affairs (INAN) was established on February 5, 2020. It had its first meeting on February 18, 2020. It elected a Chair, Bob Bratina (Hamilton East —Stoney Creek, Liberal), and a Vice Chair, Jamie Schmale (Haliburton—Kawartha Lakes—Brock, Conservative).

Mumilaaq Qaqqaq (Nunavut, New Democratic Party) expressed an interest in being the second Vice Chair. However, Gary Anandasangaree (Scarborough—Rouge Park, Liberal) asked to defer the decision to the next committee meeting.

INAN is composed of 12 members: six Liberal, four Conservative, one BQ and one NDP. This composition can present challenges for the Government Members, as the opposition parties can work together to vote down Liberals motions.

Last week, a subcommittee of INAN (which includes a few members of the whole committee) met, and introduced several motions. However, it should be noted that the motions need to be voted on in a full committee meeting, which will occur on February 25, 2020. Consequently, the beginning of the meeting will involve the committee Members voting on the motions, including the appearance on departmental activities. There is a chance that the motion for this meeting on departmental activities may be voted down. In this case, the appearance will get cancelled. Nevertheless, it is important to be present and prepared for the meeting in the event the motion is carried.

In terms of other studies, on Thursday February 27, 2020, the committee plans to begin a study on food security. In the second week of March, it will conduct a study of the 2019-20 Supplementary Estimates (B) and the 2020-21 Main Estimates of Indigenous Services and Crown-Indigenous Relations and Northern Affairs.

The Members of the committee have also introduced motions to study Treaty Commissioners and Economic Development in Indigenous communities. Dates have not been suggested yet.

Meeting Proceedings

1. Both Deputy Ministers have up to 10 minutes each to deliver their remarks.
2. Members of the Committee will ask questions after the statement. Committee members will pose their questions in the following order:
   • First round (6 minutes for each Party)
     • Conservative Party of Canada
     • Liberal Party of Canada
     • Bloc Québécois
     • New Democratic Party of Canada
   • Second round (5 minutes for each Party)
     • Conservative Party of Canada
     • Liberal Party of Canada
     • Conservative Party of Canada
     • Liberal Party of Canada
   • 2.5 minutes for the Bloc Québécois and the New Democratic Party.

Key Messages

• The Department of Crown-Indigenous Relations and Northern Affairs Act came into force in July 2019.
• This legislation guides the work of Crown-Indigenous Relations and Norther Affairs Canada (CIRNAC), whose mandate is to accelerate the work already begun to renew the nation-to-nation, Inuit-Crown, and government-to-government relationship between Canada and Indigenous peoples, as well as promote the self-reliance, prosperity and well-being of the residents and communities of the North.
• CIRNAC is also tasked with modernizing institutional structures and governance so that First Nations, Inuit, and Métis peoples can build capacity that supports implementation of their vision of self-determination.
• Crown-Indigenous Relations and Northern Affairs Canada will accelerate the work already begun on a renewed relationship between Canada and Indigenous peoples.
• Under the new departmental legislation, the Minister of Crown-Indigenous Relations has responsibility to:
  • guide and coordinate the whole-of-government relationship with section 35 rights holders and Indigenous nations;
  • reach and implement agreements to accelerate self-determination (through self-government and land claim agreements, including reconstituting nations);
  • to resolve outstanding claims and historical grievances; and,
  • oversee legislation relating to Crown-Indigenous Relations.
• The Minister is required to report to Parliament on an annual basis on measures taken to advance self-determination of Indigenous Peoples as well as reconciliation with Indigenous peoples.
• Equally as important, the Department, through our Northern Affairs team, will continue to promote the self-reliance, prosperity and well-being of the residents and communities of the North.
• The Minister of Northern Affairs is responsible for guiding the Government of Canada's work in the North and will continue to advance work on a shared Arctic Leadership Model and support northern programming, governing institutions, and scientific initiatives.

Human resources overview

• Crown-Indigenous Relations and Northern Affairs Canada has its main base of operations in the National Capital Region.
• It also has a presence across the country in regional offices. There are a total of 1,771 employees in the Department, of which 1,222 work in the National Capital Region.
• The remaining 549 employees are based in regions.
• Employees in the Vancouver office support the negotiation and implementation of comprehensive land claims and self-government agreements.
• A number of employees also work out of the various Indigenous Services Canada regional offices, often as part of an internal shared services model.

The Northern Regional Landscape

• Crown-Indigenous Relations and Northern Affairs Canada has three northern regional offices in Whitehorse, Yellowknife and Iqaluit.
• These offices support northern Canadians in their efforts to improve social and economic well-being, to develop healthier, more sustainable communities and to participate more fully in Canada's political, social and economic development.

Key Messages

The Department of Crown-Indigenous Relations and Northern Affairs Act came into force in July 2019.

This legislation guides the work of Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC), whose mandate is to accelerate the work already begun to renew the nation-to-nation, Inuit-Crown, and government-to-government relationship between Canada and Indigenous peoples, as well as promote the self-reliance, prosperity and well-being of the residents and communities of the North.

CIRNAC is also tasked with modernizing institutional structures and governance so that First Nations, Inuit, and Métis peoples can build capacity that supports implementation of their vision of self-determination.

Crown-Indigenous Relations and Northern Affairs Canada will accelerate the work already begun on a renewed relationship between Canada and Indigenous peoples.

Under the new departmental legislation, the Minister of Crown-Indigenous Relations has responsibility to:

• guide and coordinate the whole-of-government relationship with section 35 rights holders and Indigenous nations;
• reach and implement agreements to accelerate self-determination (through self-government and land claim agreements, including reconstituting nations);
• to resolve outstanding claims and historical grievances; and,
• oversee legislation relating to Crown-Indigenous Relations.

The Minister is required to report to Parliament on an annual basis on measures taken to advance self-determination of Indigenous Peoples as well as reconciliation with Indigenous peoples.

Equally as important, the Department, through our Northern Affairs team, will continue to promote the self-reliance, prosperity and well-being of the residents and communities of the North.

The Minister of Northern Affairs is responsible for guiding the Government of Canada's work in the North and will continue to advance work on a shared Arctic Leadership Model and support northern programming, governing institutions, and scientific initiatives.

Human resources overview

Crown-Indigenous Relations and Northern Affairs Canada has its main base of operations in the National Capital Region.

It also has a presence across the country in regional offices. There are a total of 2,010 employees in the Department, of which 1,382 work in the National Capital Region.

The remaining 628 employees are based in regions.

Employees in the Vancouver office support the negotiation and implementation of comprehensive land claims and self-government agreements.

A number of employees also work out of the various Indigenous Services Canada regional offices, often as part of an internal shared services model.

The northern regional landscape

Crown-Indigenous Relations and Northern Affairs Canada has three northern regional offices in Whitehorse, Yellowknife and Iqaluit.

These offices support northern Canadians in their efforts to improve social and economic well-being, to develop healthier, more sustainable communities and to participate more fully in Canada's political, social and economic development.

Background

Summary of Departmental Legislation

Clause 1
Clause 1 provides that the short title of the Act is the Department of Crown-Indigenous Relations and Northern Affairs Act.

Clause 2
Clause 2 provides the definitions relevant to the application of this Act. Of note, Indigenous governing body is used to describe all First Nation councils and the governing bodies of self-governing Indigenous groups. This is to ensure that an Indigenous group with a self-government agreement may benefit from this Act if it wishes. Band and reserve take on the same meaning as in subsection 2(1) of the Indian Act. Lastly, Minister is defined as the Minister of Crown-Indigenous Relations.

Clause 3
Clause 3 establishes the Department of Crown-Indigenous Relations and Northern Affairs.

Clause 4
Clause 4 establishes that the Minister of Crown-Indigenous Relations presides over the Department of Crown-Indigenous Relations and Northern Affairs

Clause 5
Clause 5 establishes that 1) a Deputy Minister of Crown-Indigenous Relations may be appointed by the Governor-in-Council to be deputy head of the department and 2) an Associate Deputy Ministers may be appointed by the Governor-in-Council.

Clause 6
Clause 6 defines the general powers, duties and functions of the Minister relating to relations with Indigenous peoples.

Clause 7
Clause 7 establishes that the Minister will be responsible for exercising a leadership role in the recognition and implementation of Indigenous rights, for the negotiation of self-determination agreements, and for advancing reconciliation through a renewal of the nation-to-nation, government-to-government and Inuit-Crown relationships.

Clause 8
Clause 8 provides authority for the Department of Crown-Indigenous Relations and Northern Affairs to provide or receive services to support policies and programs from and with the Department of Indigenous Services.

Clause 9
Clause 9 provides that the Minister of Crown-Indigenous Relations may delegate any power, duty or function, with the exception of the power to delegate, to the Minister of Indigenous Services.

Clause 10
Clause 10 provides for the tabling of an annual report to Parliament on measures taken to advance self-determination of Indigenous Peoples as well as reconciliation with Indigenous peoples.

Clause 11
Clause 11 establishes that 1) a Minister of Northern Affairs may be appointed; 2) if no Minister of Northern Affairs is appointed, the Minister of Crown-Indigenous Relations is to exercise the powers, duties and function of the Minister of Northern Affairs and 3) if no Minister of Northern Affairs is appointed, all references to the Minister of Northern Affairs in the act will refer to the Minister of Crown-Indigenous Relations.

Clause 12
Clause 12 establishes that 1) a Deputy Minister of Northern Affairs may be appointed by the Governor-In-Council; 2) if no Deputy Minister of Northern Affairs is appointed, the Deputy Minister of Crown-Indigenous Relations is to exercise the powers, duties and function of the Deputy Minister of Northern Affairs; and 3) if no Deputy Minister of Northern Affairs is appointed, all references to the Deputy Minister of Northern Affairs in the act will refer to the Deputy Minister of Crown-Indigenous Relations.

Clause 13
Clause 13 defines the general powers, duties and functions of the Minister of Northern Affairs. Specifically, that the Minister of Northern Affairs has powers, duties and functions relating to the affairs of the Yukon, the Northwest Territories and Nunavut and to policies, directives and programs with respect to the Canadian North.

Clause 14
Clause 14 provides that the Minister of Northern Affairs will be responsible 1) to coordinate the activities of the Government of Canada in the territories; 2) for the policies and programs relating to social, economic and political development of the territories; and, 3) to lead scientific endeavours in the North.

Clause 15
Clause 15 (1) provides that the Minister of Northern Affairs is responsible for the administration of Crown lands in Nunavut, except for lands under the responsibility of another Minister or agency of the Government of Canada and lands under the authority of the Commissioner of Nunavut.

Clause 15 (2) provides that the Minister of Northern Affairs is responsible for the administration of public real property in Yukon, and public lands in the Northwest Territories, except public real property and public lands under the responsibility of another Minister or agency of the Government of Canada, and public real property and public lands under the authority of the Commissioners of Yukon and the Northwest Territories, as the case may be.

Clause 16
Clause 16 establishes that the Minister of Northern Affairs is to make use of the services and facilities of the Department of Crown-Indigenous Relations and Northern Affairs.

Clause 17
Clause 17 establishes that the Minister of Northern Affairs may enter into agreements with territorial governments to transfer responsibilities to those territories.

Clause 18
Clause 18 provides that the Minister of Northern Affairs may delegate any power, duty or function, except for the power to delegate, to any officer of the department or the Minister of Indigenous Services.

Clause 19
Clause 19 (1) provides that the Minister of Crown-Indigenous Relations and the Minister of Northern Affairs may 1) appoint a special representative to address specific issues pertaining to matters under his or her administration; 2) appoint committees to provide advice on matters pertaining to his or her administration; and, 3) set the renumeration of special representatives and committee members.

Clause 20
Clause 20 establishes that the Minister of Crown-Indigenous Relations or the Minister of Northern Affairs may collect and use information on matters under his or her administration and may disclose this information to the Department of Indigenous Services; to any other federal department, agency or Crown corporation; to Indigenous organisations; and to not-for-profit indigenous organisation under the control of Indigenous individuals.

It further states that information collected by the Minister of Crown-Indigenous Relations and the Minister of Northern Affairs may not be disclosed if it is restricted by the Access to Information Act; if it is protected by solicitor-client privilege, professional secrecy, or litigation privilege; if it is restricted by any other act of Parliament; or if it is considered to be a confidence of the Queen's Privy council as defined by the Canada Evidence Act.

Financial Information CIRNAC & ISC

The departments were provided with additional funding of $117.1 million over a period of three years with an ongoing component of $19.1 million. From the additional funding, $59.7 million was attributed to the set-up and transition costs to create separate departments and the integration of the First Nations and Inuit Health Branch from Health Canada into ISC. Factoring this additional funding, the internal services costs for CIRNAC and ISC will still be smaller as a percentage of overall funding than what the percentage of internal service costs for CIRNAC and ISC at the time of the machinery of government announcement.

As such, the administrative cost for both departments' internal services (such as management and oversight (Minister and Deputy Ministers' offices), finance, procurement and material management, accommodations, security, human resources, information management, information technology, audit and evaluation and real property services) have seen a decrease in this area compared to the overall departmental budgets.

However, there may be a need for additional funding going forward to ensure that both departments can deliver on their respective mandates and keep pace with the needs of our partners.

Key Messages

• We have charted a new path forward with First Nations, Inuit, and Métis peoples based on the recognition of rights, respect, cooperation and partnership.

Key message

• The 2019-20 Supplementary Estimates (B) presents initiatives totaling $1,002.8 million which includes $975.0 million in new funding and $27.8 million in net transfers with other government organizations.
• This funding ensures that the Department will be able to make concrete steps to continue the work to renew the nation-to-nation, Inuit-Crown, government-to-government relationship between Canada and First Nations, Inuit and Métis, to support their vision of self-determination and advance work in the North.

Funding to forgive comprehensive land claim negotiation loans ($919.0 million)

• Supplementary Estimates (B) includes $919.0 million to forgive comprehensive land claim negotiation loans.
• This initiative will signal Canada's commitment to furthering a rights recognition approach in its relationship with Indigenous groups.
• These communities would benefit from increased settlement amounts which would result in additional funding to invest in priorities, such as closing socio-economic gaps.

Funding to implement recommendations of the Qikiqtani Truth Commission's report ($17.5 million)

• Supplementary Estimates (B) includes $17.5 million to implement recommendations of the Qikiqtani Truth Commission's report.
• This funding will be provided to the Qikiqtani Inuit Association to support the design, initiation and long-term viability of programs specifically designed to support individual and collective closure, healing and reconciliation.

Funding for out-of-court settlements ($13.7 million)

• Supplementary Estimates (B) includes $13.7 million for out-of-court settlements.
• This funding aims to advance Canada's overall commitment to reconciliation by paving the way for a more respectful and constructive relationship with Indigenous peoples.

Background

The 2019-20 Supplementary Estimates (B) for all departments were tabled in the House of Commons by the President of Treasury Board on February 18, 2020.

CIRNAC 2019-20 Supplementary Estimates (B) presents initiatives totaling $1,002.8 million which includes new funding of $975.0 million and $27.8 million in net transfers with other government departments. The initiatives funded through these Supplementary Estimates include:

Key Messages

• The Government of Canada is committed to listening and supporting Indigenous-led solutions and strategies.
• Our goal is to support Indigenous peoples in delivering services and improving socio-economic conditions in their communities—because they are best placed to do so.
• This became all too clear in recent weeks with the protest actions taking place in British Columbia and across the country.
• The situation with the blockades has highlighted a challenge we have to face head on as a government. Indigenous issues cross several departments and jurisdictions, which can lead to divergences and disjointed conversations. Moving forward, we need to find ways to have meaningful conversations in a coordination fashion.
• This is the only way in which we can continue to build a new relationship grounded in the recognition of rights, respect, cooperation, partnership and self-determination.

Key message

• As the Truth and Reconciliation Commission said – the Declaration charts a path "for reconciliation to flourish in 21st century Canada."
• The Government is committed to implementing the Declaration and I have indicated I will support Minister Lametti in introducing co-developed legislation by the end of 2020. The Government remains committed to implementing the Declaration in close partnership with Indigenous peoples.
• We will ensure government legislation fully respects the intent of the UN Declaration, and establishes Bill C-262 as the foundation on which to build.

Free, Prior and Informed Consent

• The Government of Canada recognizes that meaningful engagement with Indigenous peoples aims to secure their free, prior, and informed consent.
• The Declaration must be read as a whole. Its principles are meant to re-balance the relationship between States and Indigenous peoples.

Background

Adopted in 2007, the Declaration consists of 24 preambular provisions and 46 Articles that describe the individual and collective rights of Indigenous peoples around the world.

The Government of Canada committed to implementing the Declaration in 2016, which includes the concept of free, prior, and informed consent, in partnership with Indigenous peoples. The Declaration establishes a universal framework of minimum standards for the survival, dignity, well-being and rights of the world's Indigenous peoples. In Canada, implementation will be in accordance with the Canadian constitution. Section 35 of Canada's Constitution Act, 1982, provides for the constitutional protection of Aboriginal and treaty rights.

The Liberal platform commitment proposes to introduce co-developed legislation to implement the Declaration as government legislation by the end of 2020. The commitment seeks to ensure that this legislation fully respects the intent of the Declaration and establishes Bill C-262 as the 'floor' rather than the ceiling when it comes to drafting this new legislation.

Free, prior and informed consent is not defined in the Declaration, nor is there a domestically or internationally agreed upon definition or universal approach to implementing it. It is not a freestanding article in its own right, but serves as a qualifier on government action to protect Indigenous interests in specific circumstances (e.g., forceful removal or relocation, dangerous materials on Indigenous lands, military activities, cultural property, etc.). The goal of the principle is to ensure a balancing of interests and that consultation processes are aimed at building consensus.

Key message

Background

As part of its closing events on June 2, 2015, the Truth and Reconciliation Commission released a summary of its final report, which included 94 recommendations, or Calls to Action (CTAs), directed to a wide range of institutions, including the Government of Canada, provincial/territorial governments, churches, corporations and schools. The CTAs focus primarily on social, cultural and rights-related issues, touch upon a range of policy areas, implicate a number of federal departments and agencies and would require a variety of mechanisms to implement (such as legislation, program or policy change, reports or gestures).

As part of Budget 2019, over $200 million was invested to address specific Calls to Action, which include:

• $9.1 million over three years, to support the construction of an Indigenous Legal Lodge at the University of Victoria, as per Call to Action 50;
• $126.5 million to establish a National Council for Reconciliation and endow it with initial operating capital, as per Call to Action 53-54;
• $15.2 million over three years for an Indigenous youth pilot program delivered by Canadian Roots Exchange, as per Call to Action 66 (A three year contribution agreement is currently in place and the pilot project was launched in July 2019);
• $33.8 million over three years to develop and maintain the National Residential School Student Death Register and to work with parties to establish and maintain an online registry of residential school cemeteries, as per Calls to Action 72-76; and,
• $10 million over two years to support the establishment of a National Day for Truth and Reconciliation, as per Call to Action 80.

Key Messages

• The Government is committed to ending the ongoing national tragedy of Missing and Murdered Indigenous Women and Girls and this is why an independent national inquiry was launched.
• The Government took concrete action in response to the commission's interim report, including increased supports for families and survivors, support for an RCMP special unit, and a review of police practices. We have also invested in women's shelters, housing, education, child welfare reform, and safety on the Highway of Tears.
• In response to the Final Report's 231 Calls for Justice, we are developing a national action plan in partnership with First Nations, Inuit and Métis governments and organizations, family members, and survivors, to implement the report's Calls to Justice.

Working With Provinces and Territories

• The Final Report invites the federal, provincial and territorial governments to respond to the Calls to Justice.
• To date, 4 provinces and 2 territories have formally indicated their interest in working with the Government of Canada to address the Inquiry's final report.
• The government will continue to promote cooperation and collaboration with provinces and territories to drive transformative change to end systemic racism and violence against Indigenous women and girls.

Background

On December 8, 2015, the Government of Canada announced the launch of the National Inquiry into Missing and Murdered Indigenous Women and Girls (National Inquiry). The Government of Canada dedicated $53.8 million to the independent National Inquiry, and provided terms of reference and a timeline of two years to complete its important work, which began on September 1, 2016. Our response to the interim report was substantive, and included an allocation of $50 million. Action has been taken to strengthen the justice system, improve safety and security, improve oversight and awareness, prevent violence, provide support to victims, families and communities, and to ensure that Indigenous women's voices are heard. Investments in women's shelters, housing, education and reform of child and family services have also been made.

In June 2018, the Commission was granted a six-month extension, giving the Inquiry until June 30, 2019 to complete its work, with the final report due on April 30, 2019. The Government of Canada has provided $38M in additional funding to support the Inquiry during its extension. The Commission has used these funds to assist with operational needs and provide short term aftercare to families and survivors who testify. This brought the total funding for the Inquiry to $92M.

The National Inquiry into Missing and Murdered Indigenous Women and Girls presented its final report to the federal, provincial and territorial governments at a public closing ceremony in Gatineau, Quebec on June 3, 2019. During the closing ceremony, the Governement of Canada welcomed the release of the final report and reiterated its commitment to ending the ongoing national tragedy of missing and murdered Indigenous women and girls, and to help prevent and eliminate violence against Indigenous women, girls, and LGBTQ and Two-Spirit People in future generations.

During the closing ceremony, the Prime Minister promised to develop and implement a National Action Plan to address violence against Indigenous women, girls, and LGBTQ and two-spirit people. The Government of Canada is working with Indigenous partners and provincial and territorial governements to develop and implement a National Action Plan to respond to the Calls for Justice and expects to launch the National Action Plan in Summer 2020.

Key Messages

• Over the past five years, we have been moving away from the parameters of the Comprehensive Land Claims and Inherent Right policies.
• Since 2015 we have been advancing interest-based discussions and ensuring that co-development is at the core of any negotiations with First Nations through discussion tables related to treaties, agreements and other constructive arrangements.
• The recent development of the Recognition and Reconciliation of Rights Policy for Treaty Negotiations in British Columbia demonstrates Canada's commitment to working collaboratively with Indigenous and provincial partners based on the recognition and implementation of Indigenous rights, and in accordance with the principles of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).
• On a national scale, Canada continues to review options for the redesign of the Comprehensive Land Claims and Inherent Right policies to better align with UNDRIP and the rights-based approaches that we are currently using at discussion tables.
• We know there is still much work to do and no deadline has been set for its completion. The work that we are undertaking at tables together will build on what we have heard from our Indigenous partners in past engagement processes and will help us to determine a collaborative path forward.

Background

The December 2019 mandate letter of the Minister of Crown-Indigenous Relations states that Canada "continue ongoing work with First Nations, Inuit and Métis to redesign the Comprehensive Land Claims and Inherent Right policies." This is a continuation of the Prime Minister's 2018 commitment to address gaps in these policies with Indigenous peoples:

"…by fully embracing and giving life to the existing Section 35 of the Constitution, we will replace policies like the Comprehensive Land Claims Policy and the Inherent Right to Self-Government Policy with new and better approaches that respect the distinctions between First Nations, Inuit, and Métis peoples." (remarks by the Prime Minister in the House of Commons, February 14, 2018)

Canada has been working collaboratively with Indigenous partners to replace the Comprehensive Land Claims and Inherent Right policies, recognizing that the existing policies are out of step with current federal practices and are not sufficiently flexible to address the priorities of Indigenous groups.

On February 7, 2020, Canada received a two-year funding proposal of $600,000 from the Assembly of First Nations to jointly work on the redesign of the policies. The proposal, which covers fiscal years 2019-2020 and 2020-2021, is currently being reviewed by departmental officials. The proposal's main objective is to set up a joint table between the Assembly of First Nations and Canada to redesign the policies. Should it be approved, officials will continue discussions with the Assembly of First Nations on the best approach to establish these working relationships.

National Indigenous Organizations (Assembly of First Nations, Métis National Council, and Inuit Tapiriit Kanatami) are key partners in this process, but significant work is also needed directly with rights-holders, particularly as some rights-holds have indicated they do not wish to be represented by a national organization in these discussions. Regional, and/or distinctions-based approaches could be effective in ensuring a balanced approach.

No deadline has been set for redesigning the Comprehensive Land Claims and Inherent Right policies. Constructive and meaningful engagement and co-development of a new policy with First Nation, Inuit and Métis will take time.

Key Messages

• Canada is working with Indigenous communities to explore new approaches to nation rebuilding to advance reconciliation, self-determination, and transitioning away from the Indian Act.
• We have taken steps to ensure that our Indigenous partners can fully participate in discussion tables and advance conversations that promote the rebuilding of their nations. Specifically, $20 million dollars per year is available to assist Indigenous groups to rebuild their nations in a manner that responds to their priorities and the unique needs of their communities.
• In the past 2 years, Canada has approved over 100 proposals to improve Indigenous capacity through investments in consultation, engagement and information sharing; self-government learning and skills development; developing or strengthening nation level self-determination structures; developing a common vision, plans and strategies; and, communications to increase awareness and unity within Indigenous nations.
• A concrete example of this work is a proposal from the Gitxsan Government that was funded to build their internal capacity as a Nation by supporting the development of their internal governance structure in a manner that aligns with the values and principles of Gitxsan Law.

Background

Since 2015, the Government of Canada has taken a new rights-based approach to negotiations with partners on section 35 rights. Canada is currently engaged in over 150 negotiation tables with Indigenous groups across Canada that are exploring new ways of working together to advance reconciliation and self-determination. These negotiations represent over 480 First Nations, 44 Inuit communities and 7 Métis groups across the country.

Through Budget 2018, starting in fiscal year 2018-19, $100M in funding has been made available for 5 years to support activities that would facilitate the path to reconstituting Indigenous nations. The objective of the Nation Rebuilding Program is to support nation rebuilding efforts that will contribute to aggregation, and increase capacity at the larger nation level.

The provision of this capacity funding will promote:

• a re-establishment of Indigenous nations;
• an increase in the ability of Indigenous nations to take on greater sectoral; responsibilities, thereby facilitating a phased-in approach to self-determination and ultimately self-governance;
• an increase in the sense of unity within Indigenous nations;
• identification and agreement among member communities on priorities for action and approaches to issues; and,
• a reduction in the duplication of the resolution of issues at the individual First Nation or Indigenous community level by working as a collective at the nation-level.

Key Messages

• Lands are at the heart of First Nation traditions, identity and economic opportunities, and are a key component in advancing self-determination.
• Additions to reserves facilitate the expansion of reserve land bases, creating economic opportunities for First Nation communities and contributing to their regional economies. It is in everyone's interest that governments and Indigenous partners work together toward the timely implementation of additions to reserve.
• In 2018, Canada enacted the Addition of Lands to Reserves and Reserve Creation Act and amended the First Nations Land Management Act to streamline implementation of additions to reserves for all First Nations.
• The Department's mandate includes continuing work with First Nations to re-design federal policies on additions to reserves, taking into account the principles of the United Nations Declaration of Indigenous Peoples.
• In terms of implementing Additions to Reserves, Crown-Indigenous Relations and Northern Affairs works in close collaboration with Indigenous Services Canada, while regional offices continue to perform the preparatory work under the Addition of Land to Reserve and Reserve Creation Act, pursuant to a delegation.

Background

The 2019 Liberal Party Platform committed to continue ongoing work with First Nations to re-design federal policies on additions-to-reserves and the Specific Claims process to ensure timely and just resolution to specific claims. This commitment was reinforced in the Department's mandate letter and was made in the context of an existing and growing backlog of specific claims and requests for additions to reserves arising primarily from the settlement of specific claims. A re-design of policies and processes will require engagement with First Nations and Indigenous groups to identify priorities and opportunities for partnership in future implementation of settlements and additions-to-reserves.

In addition, several federal departments have key roles to play in implementation of additions to reserves, including ISC, Natural Resources, Public Works, Finance, and Justice. Indigenous Services Canada manages reserve lands under the Indian Act. The Minister of Crown-Indigenous Relations has retained authority to approve additions to reserves requests under the Addition of Lands to Reserves and Reserve Creation Act, and is responsible for addressing the broader issues relating to the Crown-Indigenous relationship. However, the Minister of Indigenous Services holds a delegation under section 9 of the Department of Crown-Indigenous Relations and Northern Affairs Act to perform almost all responsibilities for operational activities relating to implementing additions to reserves.

The government's commitment to implement UNDRIP presents challenges and opportunities insofar as ownership and restitution of traditional lands are prominent features of the declaration (art. 26-28). As we continue to work with First Nations on updating and streamlining land policy and implementation processes, we will be looking at how best to ensure UNDRIP is properly taken into account.

Key Messages

• Resolving Canada's historical grievances with Indigenous peoples is a crucial part of reconciliation.
• Since January 1st, 2015, we have settled more than 125 claims with partners. We know there is more to do, and that is why we are working with partners to further improve the specific claims process.
• We remain committed to addressing the harms of the past to build a stronger future for Indigenous Peoples and Canadians alike.

Background

The term "specific claims", generally, refers to claims made by a First Nation against the federal government which relate to the administration of land and other First Nation assets and to the fulfilment of Indian treaties, although the treaties themselves are not open to renegotiation. Specific claims are addressed through the Specific Claims Policy and the Specific Claims Tribunal Act. The Specific Claims Policy provides a framework for an alternative dispute resolution process that allows Canada to discharge its outstanding legal obligations through negotiated settlement agreements, rather than through litigation, while the Specific Claims Tribunal provides independent adjudication on specific claims.

Canada has settled 527 specific claims since 1974, for a total settlement amount of $6.5 billion. The pace of settlement has increased significantly over the past five years, within which more than 125 claims were settled, representing over 20% of claims settled since 1974. There are currently 542 claims in the Specific Claims inventory from First Nations across Canada, of which 159 claims are in assessment, 319 are in negotiation, and 64 are active at the Specific Claims Tribunal.

An Assembly of First Nations (AFN) – Canada Joint Technical Working Group on Specific Claims has been working on process and policy reforms since 2016. Longer-term policy, process and legislative reform will be developed through broad-based engagement sessions with First Nations across Canada that will examine, among other elements, means to make the process more independent of Government decision-making and inclusive of Indigenous dispute resolution traditions. The AFN is leading the engagement sessions, which began on October 24 and concluded at the end of November.

Key Messages

• The affirmation and implementation of Indigenous rights is key to reconciliation.
• We continue to make progress through policy changes, legislation on Indigenous languages and child welfare, and through the negotiation tables.
• We know there is more to do, and we look forward to working collaboratively to accelerate progress.
• As stated in the Throne speech: "The path to reconciliation is long. But in its actions and interactions, the government will continue to walk it with First Nations, Inuit, and Métis peoples."

Modern treaty and Self-Government Policies

• Since 2015 we have been advancing interest-based discussions and ensuring that co-development is at the core of any negotiations or discussions with Indigenous groups through rights-based discussion tables.
• More recently, Canada co-developed the Recognition and Reconciliation of Rights Policy for Treaty Negotiation in British Columbia with the First Nations Summit and the Government of British Columbia. This policy replaces the Comprehensive Land Claims and Inherent Right policies for First Nations in the British Columbia treaty process.

Background on Rights Recognition Framework

To further the Government's commitment of re-setting the relationship, on February 14, 2018 the Prime Minister announced the launch of a national engagement process led by the Minister of Crown-Indigenous Relations to develop a Recognition and Implementation of Indigenous Rights Framework in partnership with First Nation, Inuit and Métis peoples.

Significant engagement was conducted by the Minister with Indigenous communities' representatives, with a specific focus on women, elders and youth. However, many Indigenous partners raised concerns that the engagement timelines were too brief to achieve meaningful co-development of the Framework.

Based on Speech from the Throne and mandate letter commitments, Canada is working toward a redesign of the Comprehensive Land Claims and Inherent Right policies to better align with the rights-based approaches we are currently using at discussion tables.

Background: Modern treaty and Self-Government Policies

Rights-based negotiations with Indigenous people (including comprehensive land claims, self-government agreements and other discussions) deal with implementing section 35 rights in Canada. Where Indigenous land rights have not been dealt with by treaty or through other legal means, forward-looking agreements (including "modern treaties") are negotiated between the Indigenous group, Canada and the province or territory. The Government of Canada is working with Indigenous communities at over 150 rights-based discussion tables that explore new ways of working together to advance reconciliation and self-determination. These negotiations represent over 480 First Nations communities, 44 Inuit communities and 7 Métis groups across the country.

The inherent right of self-government is an existing Indigenous right recognized and affirmed by section 35 of the Constitution Act, 1982. The Indigenous peoples of Canada have the right to govern themselves in relation to matters that are internal to their communities, integral to their unique cultures, identities, traditions, languages and institutions, and with respect to their special relationship to their land and their resources.

The Recognition and Reconciliation of Rights Policy for Treaty Negotiations in British Columbia supports an approach to treaty negotiations based on the recognition of rights. A central feature of this policy is that negotiations recognize the continuation of rights without modification, surrender or extinguishment when a treaty is reached. Under this policy, future treaties, agreements and other constructive arrangements will set out guidelines for reconciling Crown and Indigenous rights based on a relationship that can evolve over time. It also provides greater flexibility to develop agreements incrementally in British Columbia. It reflects an unprecedented effort to co-develop guidance for how treaties, agreements and other constructive arrangements are to be negotiated in a manner consistent with the United Nations Declaration on the Rights of Indigenous Peoples.

Key Messages

• A National benefits-sharing framework for major resource projects can help foster the removal of barriers to participation of Indigenous peoples in the Canadian economy, and 'unlock' benefits for both Indigenous and non-Indigenous peoples as they relate to major resource projects.
• A benefits-sharing framework can also support the implementation of the United Nations Declaration on the Rights of Indigenous Peoples, advance self-determination, and economic reconciliation.
• The Department is working with partners in Natural Resources Canada and Finance Canada to articulate and scope a possible approach to a National Benefits-Sharing Framework for Major Resource Projects.

Background

The Minister of Crown-Indigenous Relations was mandated by the Prime Minister to "work with the Minister of Finance and the Minister of Natural Resources to develop a new national benefits-sharing framework for major resource projects on Indigenous territory." The Minister of Natural Resources was given a similar mandate, whereas the Minister of Finance's mandate letter was silent on development of the framework.

Discussions among officials in Natural Resources Canada and Crown-Indigenous Relations are underway, with a view to development of a scoping paper to approach the issue. Department of Finance has signaled an interest in engaging on the file beginning in March 2020.

Collaborative Fiscal Policy Development Process for Self-Governing Groups

• Canada is committed to renewing the relationship with Indigenous peoples based on respect, co-operation and partnership.
• Canada and Indigenous governments have co-developed a new self-government fiscal policy framework and are now working together to develop funding methodologies in support of self-government.
• Canada successfully concluded fiscal renewal negotiations with 24 Indigenous governments, ensuring that they have sufficient funding in the areas of governance and administration, and the tools and resources they need to support the well-being of their communities.

Background

Canada is committed to renewing the relationship with Indigenous peoples based on respect, co-operation and partnership. Canada has undertaken a collaborative process with twenty-five self-governing Indigenous governments across Canada to co-develop a new self-government fiscal policy framework and associated funding methodologies.

The Collaborative Self-Government Fiscal Policy was officially released August 27, 2019 in Vancouver. Leaders of Indigenous Governments and Minister Bennett were among 175 attendees, and spoke to the success of the collaborative approach to fiscal policy development. The policy provides a framework for sufficient and equitable fiscal arrangements between Indigenous Governments and Canada. The Self-Government Fiscal Policy is based upon the concept of expenditure need, which is a measure of the cost of performing functions or activities to meet a set of responsibilities, based on comparative measures or standards.

At this stage, Indigenous governments and Canada have co-developed funding methodologies for governance and administration, and an adjustment to Canada's own source revenue policy. In addition, Canada identified $189.2 million for these Indigenous governments in Budget 2018 to implement fiscal policy reforms and support the closing of socioeconomic gaps.

During the summer of 2019, Canada successfully concluded fiscal renewal negotiations with 24 Indigenous governments implementing the expenditure need funding methodologies contained in the Self-Government Fiscal Policy. This ensures that Indigenous governments have sufficient funding in the areas of governance and administration and the tools and resources they need to support the well-being of their communities.

Key Messages

• In June 2017, the Prime Minister announced that the former United States Embassy at 100 Wellington Street in Ottawa, on the traditional territory of the Algonquin Peoples, would be transformed into a national Indigenous Peoples' Space.
• The spirit and intention of the Indigenous Peoples' Space has always been that it must remain First Nations, Inuit and Métis led.
• This work is being under taken in the true spirit of reconciliation – all decisions around the space have been taken as a group between partners, and we look forward to continuing the work together on this historic project.

Background

The Indigenous Peoples' Space at 100 Wellington Street in Ottawa is intended as a place to educate and raise awareness of First Nations, Inuit and Métis Peoples' contributions to Canada's past, present, and future. It is intended to be distinctions-based and reflect each of the three unique Indigenous groups in Canada – First Nations, Inuit and Métis – and the diversity within those groups. It will also provide a space for Indigenous governments to conduct intergovernmental relations and official business.

The short-term use of the Indigenous Peoples' Space will be led by Indigenous partners, will provide an opportunity for Indigenous peoples to engage on the future design of the space, and allow Indigenous and non-Indigenous peoples to experience the Space. The short-term use is anticipated to last until spring 2022, when the design and use of the building for the long-term will be finalized.

The Indigenous Peoples' Space is in the Parliamentary Precinct area, which is on the traditional territory of the Algonquin peoples. As a local Algonquin group, the Algonquin Anishinabeg Nation Tribal Council has been engaged on the development of the space into an Indigenous Peoples' Space at the location. The Government continues to support its participation.

The Government of Canada and Indigenous partners will continue to work in full partnership on the next phase of this initiative to ensure the space becomes a world-class Indigenous Peoples' Space in the longer-term.

Key Messages

• The Government of Canada is committed to continuing our partnership with Inuit to create a renewed relationship based on respect and self-determination.
• This government is now strengthening that commitment by co-developing an Inuit Nunangat Policy.
• Our goal is to create a policy to articulate the government's relationship with Inuit Nunangat.
• Over the next year and a half, as a whole of government, we will engage Inuit to create an inclusive policy that respects the diverse perspectives of Inuit across the country.

Background

Inuit representative organizations and governments have articulated a vision for an Inuit Nunangat policy space at various venues and tables. This is based on the notion of seeing Inuit Nunangat as a "distinct geographic, cultural, and political region" within Canada based on the full implementation of land claims. Inuit have pursued this vision through various fora including the Arctic and Northern Policy Framework, the Inuit Crown Partnership Committee and their document on ITK Priorities for Election 2019.

In seeing Inuit Nunangat as a distinct political space, Inuit wish to ensure that all four regions of Inuit Nunangat are equally eligible under federal policies and funding. They also seek to ensure that federal funding for programs impacting Inuit are allocated directly to Inuit organizations. Currently, some federal programs are specific to particular jurisdictions where some Inuit regions are eligible and others are not, or funding might flow through provinces or territories where Inuit communities would have to apply to them in order to access funding.

It is imperative to define an Inuit Nunangat policy in terms of its scope of applicability. The four regions within Inuit Nunangat are located in territories and provinces; and three of the four regions include First Nations. Several Inuit organizations are signatory to modern treaties and one is also self-governing (Nunatsiavut Government in Newfoundland and Labrador). Therefore, it is necessary to determine what will fall within the jurisdiction of an Inuit Nunangat policy.

The implementation of an Inuit Nunangat policy would require a whole of government approach and significant engagement with Territorial and Provincial governments. It will touch upon existing departmental mandates, provincial/territorial roles, legislation (including the Constitution), and land claims agreements.

Key Messages

• The Government is committed to working together with Indigenous partners to build a renewed Nation to Nation, Inuit-to-Crown and government to government relationship.
• The permanent bilateral mechanisms that we have established with First Nations, Inuit and Métis Nation leadership provide a forum to co-develop policy on shared priorities, and ensure joint accountability for the results.
• We are making progress on shared priorities as we continue our shared journey towards reconciliation, reducing socio-economic gaps and advancing self-determination.

Background

Three processes are well underway:

The Assembly of First Nations is working closely with government to ensure the socio-economic gap closes between Indigenous and non-Indigenous peoples. Other shared priorities include First Nations languages, implementing the United Nations Declaration on the Rights of Indigenous Peoples and the Truth and Reconciliation Commission's Calls to Action, a new fiscal relationship, policing and community safety and joint work to decolonize and align federal laws and policies with the United Nations Declaration and inherent and Treaty rights.

The Métis Nation Accord identifies the following policy priority areas: early learning and child care, child and family services, new fiscal relationship, health and wellness, veterans, education, economic development and the environment.

Federal Ministers and national and regional Inuit leaders are working to advance shared priorities that include: Land Claims Agreement implementation, Inuit Nunangat policy (including fiscal policy), reconciliation measures, health and wellness, housing, education, early learning and training, Inuktitut revitalization, maintenance and promotion; and environment and climate change.

Distinctions-based approaches require flexibility and understanding given the fact that each of the groups has a different approach and, overall, a fundamentally different relationship with Canada. This approach is critical to the success of the permanent bilateral mechanisms because of the significant culture change needed to support co-development, as well as focus on the long-term objectives of reconciliation and partnership.

Key Messages

• Regular meetings with national Indigenous leaders and Ministers is a commitment of this Government.
• The meeting of National leaders and First Minister's on Economic Development is scheduled for March 12 to the 13th in Ottawa.
• Similar to past First Minister's Meetings, the Prime Minister, the Deputy Minister, and First Ministers will meet with National Indigenous Leaders, which include Inuit Tapiriit Kanatami, the Métis National Council, and the Assembly of First Nations.
• Our department is actively supporting the Prime Minister's Office and Privy Council, and will provide updates on a number of files, including Missing and Murdered Indigenous Women and Girls (MMIWG), economic development, and northern issues.
• While there are no details yet on the First Minister's Meeting on Reconciliation, more details are expected following the First Minister's Meeting on Economic Development in March.

Key Messages

• The government is deeply committed to advancing reconciliation and healing.
• We are committed to righting past wrongs through negotiation rather than litigation and the proposed settlement agreement brings us one step closer to lasting and meaningful resolution to the legacy of Federal Indian Day Schools.
• We know that there are other Childhood Claims and we are actively working with parties, including the provinces, territories and Indigenous leadership, to resolve litigation in a respectful, compassionate and fair manner.

Background

McLean is a certified national class action on behalf of Indigenous peoples (and their families) who attended a Federal Indian Day School, as defined by the Indian Act, between 1920 and ending on the date of closure of any particular Indian Day School, or the date on which management was effectively transferred from Canada.

An Agreement-in-Principle was reached on November 30, 2018. On March 12, 2019, Minister Bennett, along with representative plaintiffs, announced that a proposed settlement agreement has been reached.

On August 19, 2019 the Federal court approved the settlement.

On October 31, 2019 a Motion for Leave to Appeal the Federal Indian Day Schools Settlement Agreement was filed with the Federal Court of Appeal by David Schultz on behalf of Chief Paul Émile Ottawa of the Atikamekw of Manawan. The appeal raises a number of issues including: deficiencies in the evidences filed by the parties to support the settlement agreement, that the claims period is too short, that the agreement lacks appropriate health supports and that class members have no right to specific legal counsel. Mr. Schultz's appeal was filed after the October 30, 2019 appeal deadline. On December 11, 2019, the Federal Court of Appeals dismissed the motion.

The settlement implementation began on January 13, 2020 and class members will have 2.5 years to apply for compensation.

Key Messages

• Minister Bennett's mandate letter includes the commitment to work with Indigenous partners to co-develop a distinctions-based approach for the ongoing review maintenance and enforcement of Canada's treaty obligations.
• The mandate letter indicated that this work will be supported by a new National Treaty Commissioner's Office that will be designed and established with Indigenous partners.
• Indigenous perspectives are diverse in terms of how to best advance this work – for instance there are varying views of what a co-development process should look like as well as the functions of a National Treaty Commissioner's Office.
• It will be critical to understand these differing perspectives as we advance this commitment.
• Working with all Indigenous peoples will be critical for the exploration of the potential role, scope, and structure of a new institution.
• We are exploring options to fulfill this commitment.

Background

CIRNAC's mandate letter requires the Minister to: "Co-develop with Indigenous Peoples a new distinctions-based process for the ongoing review, maintenance and enforcement of Canada's treaty obligations between the Crown and Indigenous communities. This work will be supported by a new National Treaty Commissioner's Office that will be designed and established with Indigenous partners."

The Department is exploring options to fulfill the Minister's mandate with regard to treaty obligations and the establishment of a new National Treaty Commissioner's Office.

Indigenous perspectives are diverse in terms of how to best advance this work – for instance there are varying views of what a co-development process should look like as well as the functions of a National Treaty Commissioner's Office. It will be critical to understand these differing perspectives as we advance this commitment.

Key messages

• The parties have concluded a final core Governance Agreement, initialled by Minister Bennett and Grand Council Chief Glen Hare in a ceremony in Sault-Ste Marie in August 2019.
• This milestone marked the conclusion of negotiations on an agreement that has been 25 years in the making, and a commitment from both parties to begin their internal ratification of the agreement.
• For the Anishinabek Nation, this meant launching a pan-Ontario community engagement and ratification process with their 38 member Nations. This ratification process is now underway, with 14 First Nations undertaking community votes in February, an additional 8 undertaking a similar vote in May 2020, with the possibility of more First Nations choosing to ratify the agreement in the future.

Background

Canada and the Anishinabek Nation have been engaged in negotiations since 1995 to rebuild governance in core areas that strengthen the Anishinabek Nation. Writ large, negotiations with the Anishinabek Nation have largely centered on the means for establishing and empowering the Anishinabek Nation as a Government of the Anishinabek First Nations, all the while preserving the distinct institutions and structures of the individual First Nation Governments.

Negotiations witnessed significant success with the recently concluded Anishinabek Nation Education Agreement, recognizing 23 Anishinabek First Nations' jurisdiction over Kindergarten to Grade 12 education. The Education Agreement marked the first self-government agreement in Ontario, and, due to the number of participating First Nations, the largest self-government agreement in Canada. The enabling legislation, the Anishinabek Nation Education Agreement Act (Bill C-61), received Royal Assent on December 14th, 2017, and came into force on April 1st, 2018.

For the Anishinabek Nation, the next step along the continuum towards their vision of self-determination is concluding a core Governance Agreement. The Anishinabek Nation envisions a governance structure that is responsive to their communities' needs and their unique composition as an aggregation of 38 First Nations. The Governance Agreement would provide for the establishment of an Anishinabek Nation Government at a regional level and for First Nation and Anishinabek Nation law-making authority in areas of core governance, including: leadership selection; citizenship; language and culture; and, the management and operations of government.

Key message

• Indigenous peoples should never have to choose between exercising their rights and their financial security.
• In 2018, our government replaced all loans for comprehensive claims negotiations with contribution funding, and in 2019 we further invested $1.4 billion to forgive all outstanding loans, and reimburse those that have repaid their loans.
• Every effort is being made to ensure that the full implementation of this forgiveness happens quickly.
• This change will benefit more than 230 Indigenous communities.

Background

• Budget 2019 committed to funding of up to $1.4 billion to forgive all outstanding comprehensive land claim negotiation loans and to reimburse Indigenous governments that have already repaid these loans. Profile as follows:
  • Up to $938 million (one-time accounting transaction) to forgive the outstanding book value of loans issued by Canada to Indigenous groups to support their participation in comprehensive land claim negotiations.
  • Up to $491 million ($98.2 million annually over five years starting in 2020-21) to reimburse the loan amounts repaid by modern treaty holders to Canada.
• Work to advance the Budget commitment is progressing well. In June 2019, the Treasury Board submission to implement this commitment was approved; reconciliation of amounts eligible to be reimbursed is almost completed; and in July and August 2019 letters were sent to all Indigenous groups confirming next steps.
• Subject to annual appropriation of funds, reimbursement is scheduled to begin in fiscal year 2020-21 with equal installments being paid out over five years, as per the Budget announcement.

Key Messages

• Budget 2019 announced that the government would invest in a new co developed collaborative self-government fiscal policy, including a new approach to governance funding and an approach to land and resource management responsibilities.
• The proposed funding under this line item will support the application of the new policy approaches for governance and land and resource management to all 25 Self-Governing Indigenous Governments that are subject to the new policy.
• The Government has already reached agreement to renew 24 fiscal transfer arrangements, including provisions to implement the new policy measures.

Background

There are 25 self-governing Indigenous governments in Canada, each of which receives funding through a fiscal transfer agreement. The self-government agreement Canada has negotiated with each government require periodic renewal of these fiscal transfer agreements.

In August and September 2019, the Government concluded 24 renewal fiscal transfer agreements with self-governing Indigenous governments. Each of these fiscal transfer agreements implements Canada's self-government fiscal policy, including increased funding for governance and land and resource management.

Negotiations with the Nunatsiavut Government are ongoing. The Government is working to conclude this agreement before the end of the current fiscal year.

Key Messages

• In 2019, the Governments of Canada and British Columbia, and the First Nations Summit co-developed the Recognition and Reconciliation of Rights Policy for Treaty Negotiations in British Columbia.
• This policy will improve the treaty process with BC First Nations and help advance self-determination and the implementation of rights, outlined in section 35 of the Constitution.
• It reinforces our commitment to implement the UNDRIP, and outlines a new relationship with Indigenous partners based firmly in the recognition of rights, respect, cooperation, and partnership.

Background

As the British Columbia treaty process is based on the tripartite recommendations of the 1991 Report of the British Columbia Claims Task Force, treaty negotiations in British Columbia are organized somewhat differently than in the rest of Canada (e.g., Canada, British Columbia, and the First Nations Summit are formal partners in the BC Treaty Process; negotiations take place according to a six-stage process). In 1993, a made-in-British Columbia treaty negotiations process was created to guide negotiations in British Columbia. For years, Canada, the First Nations Summit and British Columbia have been working collaboratively to strengthen and improve treaty negotiations toward the advancement of reconciliation and to make progress on concluding treaties and other negotiated agreements in British Columbia.

More recently, Canada, British Columbia and the First Nations Summit have worked collaboratively to advance meaningful initiatives on a tripartite basis, resulting in the co-developed Recognition and Reconciliation of Rights Policy for Treaty Negotiations in British Columbia.

The development of the British Columbia policy demonstrates Canada's commitment to working collaboratively with our Indigenous and provincial partners based on the recognition and implementation of rights. This policy supports a rights-based approach to treaty negotiations. A central feature of the policy is basing negotiations on the recognition and continuation of rights without modification, surrender or extinguishment. Under this policy, future treaties, agreements and other constructive arrangements will set out guidelines for reconciling Crown and Indigenous rights based on a relationship that can evolve over time. It also provides greater flexibility to develop agreements incrementally in British Columbia. It reflects an unprecedented effort by the Principals to the BC treaty process to co-develop guidance for how treaties, agreements and other constructive arrangements are to be negotiated in a manner consistent with the United Nations Declaration on the Rights of Indigenous Peoples.

Key Messages

• Nutrition North Canada helps make perishable and nutritious foods more affordable and accessible to residents of eligible isolated northern communities that lack year-round road, rail or marine access.
• We have revised the Nutrition North list of subsidized food to include non-food items including diapers and non-prescription drugs, and lowered the cost of the Revised Northern Food Basket by $4.41 since the launch of the program in 2011.
• The Harvesters Support Grant will also increase access to traditional foods.

Background

The Nutrition North Canada program's objective is to help make perishable, nutritious food more accessible and more affordable than it otherwise would be to residents of isolated northern communities that lack year-round surface access (i.e. permanent road, rail, or marine). There are currently 116 communities eligible for the full subsidy available under the program.

The impact of the program on food prices is measured through a "Revised Northern Food Basket", which reflects the cost of food in isolated northern communities. The cost of the Revised Northern Food Basket in March 2019 was lower by $4.41 (or 1.03%) than in March 2011, prior to the launch of the program. According to Statistics Canada, the price of food purchased from stores elsewhere in Canada increased by 10.5% over that same time period.

In the 2018 Fall Economic Statement, the government announced an additional investment in the program of $62.6 million over five years starting in 2019-20, with $10.4 million per year on an ongoing basis. These investments support program enhancements such as a new targeted subsidy level for essential food items and childcare goods for communities most in need, and a seasonal surface transportation subsidy for items shipped by sealift and winter road. Additionally, the program continues to develop a Harvesters Support Grant, to help alleviate the high costs associated with traditional hunting and harvesting and improve access to country foods.

Program development and implementation is informed by the Nutrition North Canada Advisory Board, which provides advice to the Minister, and two important engagement forums at the working level: the Indigenous Working Group, which is made up of representatives of First Nations organizations that serve communities eligible for Nutrition North Canada; and the Inuit-Crown Food Security Working Group, which was created by the Inuit-Crown Partnership Committee to work towards food security across Inuit Nunangat. The Department continues to work with its Indigenous partners to enhance the program in making it more accountable, transparent, and culturally relevant for Northerners.

Key Messages

• Improving Inuit housing outcomes is a priority for our Government.
• As stated by the Prime Minister, the Inuit Nunangat Housing Strategy, which was released in April 2019, was designed by Inuit and will be delivered by Inuit.
• The Strategy provides long-term vision and direction for Inuit housing premised on self-determination.
• Work is already well underway, including directly by Inuit, to deliver Budget 2018 Inuit housing investments, as well as joint work to implement the strategy to further address Inuit housing needs.

Inuit Construction and Repairs Since 2016

Background

CIRNAC has worked in partnership with Inuit Tapiriit Kanatami, Inuit land claim governments and organizations, CMHC and Employment and Social Development Canada to develop the Inuit Nunangat Housing Strategy, which was made public on April 4, 2019. The Strategy is premised on self-determination with Inuit recipients holding the responsibility, decision making powers and capacity to meet housing needs at the regional level. Budget 2018 allocated $400 million over 10 years to support Inuit-led housing in the Inuit regions of Nunavik, Nunatsiavut and Inuvialuit, with an additional $240 million over 10 years for Nunavut from Budget 2017 through CMHC to the Government of Nunavut.

Key Messages

• We are committed to working with First Nations to improve water and wastewater infrastructure.
• Although responsibilities for water and wastewater have been fully transferred in the territorial governments in the Northwest Territories and Nunavut, federal funding is provided to First Nations in the Yukon to support their water and wastewater infrastructure.
• To date, investments of $13.8 million have supported 14 water and wastewater projects in the Yukon.
• There are no long-term drinking water advisories in effect on drinking water systems under federal responsibility in the North.
• The Government will continue to work in partnership with First Nations to ensure safe drinking water in the North.

Background

• In the Northwest Territories (NWT) and Nunavut, responsibilities for water have been transferred to the territorial governments, who are responsible for providing safe drinking water to all communities.
• Responsibilities for water have also been transferred to the Yukon Territorial Government; however there is still a federal role in the region, as both Self-Governing and Indian Act Bands in the Yukon (all 14 of the First Nations in the region) qualify for infrastructure program funding.
• In the NWT and Nunavut, the territorial governments monitor the drinking water quality of all systems. In the Yukon, the Yukon Environmental Health Services (YEHS) monitors drinking water quality for systems with 15 or more connections and any facility that provides food services to the public. The monitoring of community systems with less than 15 connections as well as grouped individual wells are the responsibility of individual owners and are managed by First Nations administrations as per the decision of the Yukon Government to delegate this responsibility.
• Currently, nine of the 25 drinking water systems managed by the Indian Act Bands and Self-Governing First Nations are regulated under the Yukon Drinking Water Regulations and monitored by YEHS.
• The remaining 16 systems (which either have less than 15 connections or service a community building), as well as the grouped individual wells managed by Yukon First Nations administrations, are not regulated or monitored by YEHS or any other branch of the Yukon Government. The Yukon Government defines these as small systems and delegates responsibility of their monitoring to the individual owners.
• The First Nations and Inuit Health Branch's Environmental Public Health Program, which provides services including community-based water quality monitoring, does not operate north of 60°.
• Community water systems in the Yukon receive funding from ISC's Capital Facilities and Maintenance Program for infrastructure and operation and maintenance, which is delivered by CIRNAC in the region.
• Despite sharing many of the same challenges that are faced by First Nation communities south of 60°, First Nation communities in the Yukon, NWT, and Nunavut have experienced comparatively fewer drinking water advisories due to several factors.
• Source water quality is generally better in the North than in the South. Northern communities face fewer risks of contamination from pollution and agricultural run-off due to their distance from agricultural and urban hubs.
• As well, the majority of communities in the North are serviced by trucked water rather than centralized systems due to their remote locations and small populations, meaning that there are fewer complex systems that can experience failures than in the South. Only 16% of all water systems in the NWT and Nunavut are piped distribution from a centralized system. Consequently, fewer advisories are issued as the result of distribution system malfunctions.
• There are no long-term drinking water advisories in effect on systems in the Yukon that fall under federal responsibility.

Key Messages

• We launched the Arctic and Northern Policy Framework with our partners in September 2019, and are now moving from co-development into co-implementation.
• The Government has worked with territorial, provincial and Indigenous partners to co-develop priorities for the North.
• Northerners have told us that they want Arctic peoples and communities at the centre of the Framework; we have listened.
• The next phase of the Framework will focus on co-development of implementation and governance, moving towards more integrated federal-territorial-provincial and Indigenous approaches to challenges and opportunities in Canada's Arctic and North.
• We will work together to implement a shared vision for a strong, prosperous and sustainable Arctic.

Climate Change

• The Government has been very clear: climate change and its impacts are real.
• We are working with Northerners, industry, and territorial and provincial partners to find innovative and effective solutions that address unique challenges in a rapidly changing Arctic.
• Initiatives supporting the co-developed Arctic and Northern Policy Framework will benefit families, build vibrant communities, and grow sustainable economies in the face of these challenges.

Background

The Arctic and Northern Policy Framework (Framework) was launched on September 10th, 2019, following over two years of engagement and collaboration with Northerners and Canadians. It is the first major federal framework to be co-developed with provincial, territorial, and Indigenous partners. The co-development of the Framework was also supported by roundtable engagements held with Arctic and Northern residents, youth and key experts and stakeholders, including industry, academics and non-governmental organizations.

The Framework sets out a long-term, strategic vision that will guide the Government of Canada's activities and investments in the Arctic to 2030 and beyond and will better align Canada's national and international policy objectives with the priorities of Indigenous peoples and Arctic and Northern residents. The Framework currently includes the co-developed Arctic and Northern Policy Statement; chapters on foreign policy as well as safety, security and defense; and chapters authored by Indigenous and territorial partners. Additional partner chapters may be released at a later date.

The Framework is articulated around eight goals: nurture healthy families and communities; invest in the energy, transportation and communications infrastructure that northern and Arctic governments, economies and communities need; create jobs, foster innovation and grow Arctic and northern economies; support science, knowledge and research that is meaningful for communities and for decision-making; face the effects of climate change and support healthy ecosystems in the Arctic and North; ensure that Canada and our northern and Arctic residents are safe, secure and well-defended; restore Canada's place as an international Arctic leader and advance reconciliation and improve relationships between Indigenous and non-Indigenous peoples.

A pan-territorial chapter co-authored by the three Territorial Governments, as well as the chapters of the governments of Northwest Territories and Nunavut, and an Inuit Nunangat chapter, were also released on September 10th. These outline the priorities and aspirations of those partners and are intended to inform the next phase of collaboration and implementation.

The next phase of the Framework will focus on co-development of implementation and governance, moving towards more integrated federal-territorial-provincial and Indigenous approaches to challenges and opportunities in Canada's Arctic and North.

Key message

• On August 15, 2019, the Government of Canada, the Government of Nunavut and Nunavut Tunngavik Inc. signed an Agreement-in-Principle on the devolution of Crown Lands, resources, and rights in respect of waters in Nunavut.
• The parties will work to negotiate a Final Devolution Agreement over the next two years. I remain confident that we can continue to make progress.
• I am committed to working with the government of Nunavut, Nunavut Tunngavik Incorporated, and other stakeholders to support the people of Nunavut to make decisions over land and resource management that affect their communities, culture, and well-being.

Background

The devolution of province-like responsibilities to the territories is a long-standing federal policy objective. It seeks to ensure greater local control and accountability for decisions, and helps facilitate Crown reconciliation with northern Indigenous peoples. Nunavut is the last jurisdiction in the country remaining without responsibilities for public lands and resources. The parties negotiating this transfer are the Government of Nunavut, Nunavut Tunngavik Incorporated, and the Government of Canada.

Agreement-in-Principle negotiations formally began in October 2014. Under the current Chief Federal Negotiator, Mr. Fred Caron, an Agreement-in-Principle was signed on August 15, 2019.

Negotiations on a Final Agreement are expected to resume shortly with the concurrence of all parties. The details of negotiations will remain confidential until a Final Agreement has been reached. Negotiations on offshore oil and gas will begin after the Final Agreement has been signed.

Key Messages

• Budget 2019 announced investments supporting post-secondary education in the North including:
  • establishing a task force on post-secondary education in the North;
  • investing in the Dechinta Centre for Research and Learning to support Indigenous knowledge and education; and
  • supporting the construction of a new campus science building at the Yukon College.
• These investments support the Arctic and Northern Policy Framework and contribute towards achieving the objective of closing the gaps in education outcomes.
• Our Government is committed to continuing to work with our partners.

Background

The Arctic and Northern Policy Framework (Framework) was launched on September 10, 2019, following over two years of engagement and collaboration with Northerners and Canadians more broadly. The co-development of the Framework was also supported by roundtable engagements held with Arctic and Northern residents, youth and key experts and stakeholders, including industry, academics and non-governmental organizations.

The Framework sets out a long-term, strategic vision that will guide the Government of Canada's activities and investments in the Arctic to 2030 and beyond and will better align Canada's national and international policy objectives with the priorities of Indigenous peoples and Arctic and Northern residents.

The Framework is articulated around eight goals and specific to post-secondary education in the North is to nurture healthy families and communities. Within this goal, there is a very clear co-developed objective to close the gaps in education outcomes.

Budget 2019 announced investments for the implementation of a suite of post-secondary education in the North initiatives in support of the shared priorities, goals and objectives of the Framework. The outcome of the investments within the suite of post-secondary education in the North initiatives will close the gaps in education outcomes; and provide ongoing learning and skills development opportunities, including Indigenous-based knowledge and skills.

The task force on post-secondary education in the North will build on the reports and findings already completed by Northern and Arctic stakeholders.

Dechinta Centre for Research and Learning is a unique and innovative land-based program offering accredited university courses in a number of fields. The Government of Canada's investment will support the development, extension and maintenance of its suite of accredited post-secondary courses and support the transition to a full term program.

The Government of Canada's investment to construct a new campus science building to help Yukon College undertake its transformation into Canada's first university north of 60°. The new science building will facilitate teaching, applied research and technology development by providing collaborative space for academia, researchers and industry.

Key Messages

• Crown-Indigenous Relations and Northern Affairs Canada works in coordination with other departments including the Canadian Northern Economic Development Agency and Natural Resources Canada, support planning for hydroelectricity projects in northern and Indigenous communities.
• The Taltson Hydroelectricity Expansion Project in the Northwest Territories and the Kivalliq Hydro-Fibre Link in Nunavut are two key hydroelectricity projects where the Government of Canada is providing on-going support.
• Given the imperative to quickly transition northern and Indigenous communities to clean, reliable and affordable sources of energy, we are continuing to work with territorial governments, utilities and communities to identify and support planning for priority hydroelectricity projects.

Background

While hydro and associated transmission projects have the potential to provide clean and reliable power to a significant number of remote communities and unlocking economic growth, the costs of development can be prohibitive.

An preliminary scan of projects across the North, identified 17 hydroelectricity and transmission projects in various stages of planning. These projects range from community-scale hydro projects to billion dollar grid interconnection projects. It is estimated that the planning costs alone for these projects may approach $450 million with full project deployment costs exceeding $50 billion.

The objective of CIRNAC's Northern Responsible Energy Approach for Community Heat and Electricity Program (REACHE) program is to reduce northern communities' reliance on diesel for heating and electricity by increasing the use of local renewable energy sources. The program has established relationships with key northern stakeholders, and is well positioned to coordinate federal efforts to support proponents in planning hydroelectricity projects.

Northern REACHE and its predecessor program have provided funding to support the planning/feasibility stages of a number of small-scale hydroelectric projects, including the Altin Hydro project in Northern British Columbia, led by the Taku River Tlingit First Nation. The initial project which displaced 100 percent of the community's diesel in now being expanded in order to sell electricity to Yukon, which is in need of clean energy to mitigate an increasing reliance on diesel. However, Northern REACHE is a small program, $3.75 million in grants and contributions annually, and, at this time, does not have the resources required to support large, transformative hydro and transmission projects.

Key Messages

• The Government is committed to the protection of human health and safety and the environment, as well as the development of economic opportunities for Northerners and Indigenous partners.
• This is why the Government has renewed the Federal Contaminated Sites Action Plan, and made significant investments in the new Northern Abandoned Mine Reclamation Program
• Both are intended to ensure lands and waters are healthy for future generations and will help to secure jobs for Northerners and Indigenous partners.
• We will continue to collaborate with communities, Indigenous partners, the Territories and interested stakeholders to protect Canadians and the environment.

Federal Contaminated Sites Action Plan Renewal

• The Government of Canada has renewed the Federal Contaminated Sites Action Plan, led by Environment and Climate Change Canada, with $1.16 billion in funding over five years, starting in 2020.
• Crown-Indigenous Relations and Northern Affairs Canada will be able to access this funding to address its smaller-scale contaminated sites. To-date, with funding from this program, we have completed the remediation of 59 sites.

Giant Mine Remediation Project

• The Government continues to work with the Government of the Northwest Territories, Indigenous partners, and other stakeholders to advance the cleanup and remediation of Giant Mine.
• In 2018-19, there were 138 Northerners working on site, representing 65% of the workforce, and 70 Indigenous persons, representing 34% of the workforce.
• The project team is working closely with our partners to ensure the contracting process uses all tools available to maximize benefits for Northerners and Indigenous peoples.
• The Government submitted its application for a water licence and land use permit for Giant Mine on April 1, 2019. It is anticipated that the licence and permit will be received by August 2020. The water licence and land use permit are required so that remediation can begin in 2021, as per the current project schedule.
• We continue to engage as we develop and execute the remediation plan. We welcome views from interested parties, including the independent Giant Mine Oversight Board, to foster a strong and lasting trust moving forward.