Appearance before the Standing Committee on Indigenous and Northern Affairs: 2019-20 Supplementary Estimates (B) 2020-21 Main Estimates Crown Indigenous Relations

Logistics

Date: Thursday, March 12, 2020

Time: 11 a.m. to Noon

Location: TBC

Subject: 2019-20 Supplementary Estimates (B) & 2020-21 Main Estimates

Notes: It is recommended that witnesses arrive at the committee meeting room at least 15 minutes before they are scheduled to appear.

Witnesses

• The Honourable Carolyn Bennett, Minister of Crown-Indigenous Relations
• The Honourable Dan Vandal, Minister of Northern Affairs
• Daniel Watson, Deputy Minister
• Diane Lafleur, Associate Deputy Minister
• Serge Beaudoin, Assistant Deputy Minister, Northern Affairs
• Annie Boudreau, Chief Finances, Results & Delivery Officer

Context

The Standing Committee on Indigenous and Northern Affairs (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.

The first INAN meeting occurred on February 25, 2020 on Departmental Activities and Priorities. DM Watson received questions on the Nunavut Devolution Final Agreement (MP Bob Zimmer, CPC), economic development (MP Jamie Schmale, CPC), discussion tables (MP Arnold Vierson, CPC), and the market for seal skin (MP Mumilaaq Qaqqaq, NDP). MP Qaqqaq also asked questions on whether the Government had policies and programs that were more geared towards Inuit and Métis. MP Qaqqaq expressed concerns that a variety of programs only seem to be applied to First Nations people.

In terms of other studies, the Committee began a study on food security on February 27, 2020. MP Viersen asked how the Nutrition North Canada program has kept up with changing technologies since its creation in 2011. MP Zimmer asked about the effectiveness of the Harvesters Support Grant. MP Sylvie Bérubé asked about the factors that contribute to food insecurity in the North. MP Schmale asked if there was anything else that could be done to put more control on local communities to help them solve their own problems faster.

In terms of future studies, the Committee also passed motions to study Treaty Commissioners and Economic Development in Indigenous communities.

Meeting proceedings

1. It should be noted that Minister Marc Miller and supporting officials are appearing from noon to 1 p.m. at INAN.
2. For Minister Bennett's and Minister Vandal's appearance, they each have up to 5 minutes to deliver their remarks.
3. 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 Quebecois
     • 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 Quebecois and the New Democratic Party.

Speaking notes for The Honourable Carolyn Bennett, Minister of Crown-Indigenous Relations

Thank you, Mr. Chair.

As we gather here today, I would like to begin by acknowledging that we come together on the traditional unceded territory of the Algonquin people.

Today, I will present on the 2019-20 Supplementary Estimates (B) and the 2020-21 Main Estimates for Crown-Indigenous Relations and Northern Affairs Canada or - CIRNAC.

I will present on portions related to my work as Minister of Crown-Indigenous Relations.

I am joined by Daniel Watson, Deputy Minister of Crown-Indigenous Relations and Northern Affairs Canada, and Annie Boudreau, Chief Finance, Results and Delivery Officer.

CIRNAC is focused on renewing the nation-to-nation, Inuit-Crown, government-to-government relationships between Canada and First Nations, Inuit and Métis.

At the core of my mandate is to redress historical wrongs and support the acceleration of First Nations, Inuit and Metis visions of self-determination.

Supplementary estimates

• Supplementary Estimates presents information to Parliament on Government of Canada spending requirements not sufficiently developed in time for inclusion in the Main Estimates. Supplementary Estimates (B) is the last Estimates for 2019-20.
• Eligible items are:
  • Requirements that are expected to be approved by Treasury Board in or before January 2020;
  • Transfers between Votes within the organization and between organizations;
  • Increases to existing grants that are to be funded within the Vote; and
  • Increases to vote-netted revenues.

2019-20 Supplementary estimates (B)

• The 2019-20 Supplementary Estimates (B) reflects a net increase of $1,002.8 million, which include $919.0 million to forgive comprehensive land claim negotiation loans, $56.0 million in new funding and $27.8 million in net transfers with other government departments.
• The total budgetary authorities for 2019-20 will be $7.1 billion.

Explanation of Requirements 2019-20 - By Vote and Key Initiatives

The net increase of $1,002.8 million is comprised of:

• $21.6 million in Vote 1 Operating expenditures (largely for out-of-court settlements totaling $13.7 million, and for the Indian Residential Schools Settlement Agreement totaling $5.2 million);
• $1.2 million in Vote 5 Capital expenditures (largely for the Indigenous peoples space totaling $1.8 million, less a reallocation to Vote 1 operating of $0.6 million);
• $61.0 million in Vote 10 Grants and Contributions (largely for net transfers totaling $28.5 million, for the implementation of the Qikiqtani Truth Commission's report totaling $17.5 million, and for Nutrition North Canada totaling $12.5 million);
• $919.0 million in a new Vote 60 entitled Debt Forgiveness to forgive comprehensive land claim negotiation loans; and
• $4.3K in Statutory funding for employee benefit plans.

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

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

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

Funding for the Nutrition North Canada Program and to introduce a Harvesters Support Grant ($12.5 million)

Funding for the Indian Residential Schools Settlement Agreement ($5.5 million)

Funding for Indigenous Peoples space at 100 Wellington Street ($5.3 million)

Funding for comprehensive land claims and self-government agreements ($1.5 million)

Annex A: Explanation of Requirements 2019-20 – Transfers

Key messages

• Indigenous peoples should never have to choose between exercising their rights and their financial security.
• In 2019, our government committed to forgive all outstanding comprehensive land claim negotiation loans.
• This important initiative amounts to $919 million to forgive the outstanding book value of loans issued by Canada to Indigenous groups to support their participation in comprehensive land claim negotiations. This will benefit 153 Indigenous communities.
• We are anticipating that loans will be officially forgiven by March 31, 2020.
• Reimbursement is scheduled to occur over a five-year period with the first payment being issued in Spring 2020.

Background:

• Budget 2019 committed 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. This includes:
  • 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 nearing completion. Once all authorities for forgiveness have been secured, Indigenous groups will be notified that their loans have been forgiven effective March 31, 2020.
• It should be noted that following the Budget announcement, at the Treasury Board stage, the amount was reduced from $938 million to $919 million to account for less accrued interest and a smaller contingency fund that was included to deal with any errors that may be found.
• Subject to annual appropriation of funds, reimbursement is scheduled to occur over a five-year period with the first payment being issued Spring 2020.

Key Message:

• On August 14, 2019, Minister Bennett, on behalf of the Government of Canada, formally acknowledged the findings of the Qikiqtani Truth Commission and apologized to Qikiqtani Inuit for past wrongs.
• A Memorandum of Understanding was also signed by Minister Bennett and the President of the Qikiqtani Inuit Association (QIA), committing to continued collaboration to implement the Commission's recommendations.
• The Qikiqtani Inuit Association is implementing a forward-looking approach to address the Commission's recommendations, with a view to addressing the needs of Qikiqtani Inuit through programming that promotes cultural continuity, healing and reconciliation.
• This approach is aligned with the Government's vision and interest in working together with Indigenous partners to address historical wrongs through pro-active, self-determined measures.
• $17.5M provided through Supplementary Estimates B in 2019-20 would be delivered to the Association to fulfill these commitments - $15M invested in the Association's Saimaqatigiingniq Fund, and $2.5M for the design of programming.

If pressed on current status

• Crown Indigenous Relations and Association officials have recently begun discussion. We expect to get clarity soon from the Association on its expectations regarding Canada's overall response to the Commission.

Background:

• $20 million total funding is committed by the Government of Canada to Qikiqtani Inuit Association to advance QTC recommendations. The $20 million includes $5 million in immediate program funding over two years (2019-2021), and a $15-million grant that will go into QIA's Saimaqatigiingniq Fund, for use by QIA for sustained delivery of QTC programming.
• Action on the Qikiqtani Truth Commission has been an action item under the Reconciliation Measures priority area of the Inuit-Crown Partnership Committee.
• Two components of the federal response have already been completed. In August 2019, the Minister of Crown-Indigenous Relations delivered an apology to Qikiqtani Inuit, which was followed by the signing of a Memorandum of Understanding with QIA.
• Out of the 25 recommendations of the QTC final report, published in 2011, 11 apply to the federal government. Some of the recommendations have already been implemented, including recommendation 6 through the Nanilavut Initiative, recommendation 14 with the endorsement of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), recommendation 23 through the Inuit Nunangat Housing Strategy, and recommendation 20 with the August 14, 2019 apology delivered by the Minister of Crown-Indigenous Relations.

Key Messages:

• The 2019-20 Supplementary Estimates (B) includes $13.7 million for various out-of-court settlements.
• This funding supports the settlement of several litigation claims, which underscores how the resolution of past grievances outside the courts is instrumental in advancing the Crown-Indigenous relationship and pursues an approach to litigation that promotes resolution and settlement.
• Settling litigation with Indigenous peoples outside the court system, in a fair compassionate and respectful manner, demonstrates how the Government of Canada is working with Indigenous peoples towards accelerating a renewed, nation-to-nation relationship based on the recognition of rights, respect, co-operation and partnership.

Background:

The out-of-court settlements aim to resolve litigation claims, including:

• Allegations that Canada and Ontario breached their legal obligations relating to the initial survey of a reserve and the alienation of reserve lands.
• Allegations of assaults at a day school at Nelson House First Nation during the 1950s and 1960s.
• Alleged negligence, breach of fiduciary duty and vicarious liability against Canada for sexual and psychological abuse by a teacher while attending the Wabaseemoong Indian Day School.

Key Messages:

• The Indian Residential Schools Settlement Agreement acknowledges a dark chapter of Canada's history with Indigenous peoples – one that should never be forgotten.
• As the Indian Residential Schools Settlement Agreement comes to its natural end, Canada remains committed to addressing the legacy of the Indian Residential Schools.
• While implementation of the Agreement is well advanced, significant work remains that needs to be addressed.
• This work will responsibly demonstrate to the Courts, survivors and Canadians that proper and due diligence has been taken to meet the obligations under the Indian Residential Schools Settlement Agreement.
• This is why we have requested funds be re-profiled to this fiscal year in order to meet our legal obligations under the Settlement Agreement.
• This would include, for example, the resolution of the remaining claims for compensation under the Agreement – including those related to Kivalliq Hall, which is a residential school that was added under the agreement in April of 2019.
• While it was originally anticipated that the addition of Kivalliq Hall to the Settlement Agreement would be finalized in late 2018-19, delays in securing Implementation Orders from the Courts have resulted in activities and associated costs in 2018-19 being carried forward.
• The reprofiled funding will also assist in addressing a number of obligations related to the completion of the implementation phase of the Settlement Agreement, demonstrating to the Courts that Canada has fulfilled its legal obligations, allowing for the Settlement Agreement to be closed in a fair and transparent manner.

Background:

• For over 100 years, Canada placed Indian children in residential schools until the last federally-operated school was closed in 1996. Over 150,000 children attended these residential schools. The Government of Canada received the first litigation claim for damages in 1990. By 2004, more than 14,000 individual claims and several class actions had been filed and numbers were still increasing. Following negotiations led by former Supreme Court of Canada Justice Frank Lacobucci, in 2006 the Indian Residential Schools Settlement Agreement (IRSSA) was signed by Canada, church entities, the Assembly of First Nations, Inuit Representatives, and legal counsel representing former students of Indian Residential Schools. The IRSSA resolved the largest class action in Canadian history. The goal of the IRSSA is the resolution of the legacy of Indian Residential Schools. It was approved by the Courts in nine jurisdictions across Canada as a "fair and reasonable settlement" for class members.

Five main components of the IRSSA

• Common Experience Payment (includes Personal Credits);
• Truth and Reconciliation Commission (includes Document Disclosure);
• Commemoration;
• Health Supports; and
• Independent Assessment Process (IAP)

Since the implementation of the IRSSA

• Almost 80,000 former students have received a Common Experience Payment, totalling $1.62 billion dollars as of June 30, 2019;
• Over 21,000 former students and their families were provided more than $57 million dollars to support educational opportunities;
• Over 99.9% of the 38,000 Independent Assessment Process (IAP) claims have been resolved
  • To date, approximately $3 billion in compensation has been paid to survivors
• $20 million dollars in funding was set aside to fund 144 commemoration projects.
• Due to the sun-setting nature of the Settlement Agreement, approved funding will end as of fiscal year end 2020-2021. While it is true that the program is sun-setting, further funding is required for the next two fiscal years (this year and next) in order to adequately support staff who are impacted. This includes things like training, career counselling and relocation.
• The Department received a reprofile of $53,220,900 earlier this fiscal year from the Settlement Allotment Fund for settlement payments. This second reprofile is from a separate source of funds to cover operating and salary dollars.

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 a space led by 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.
• The funding of $5.3 million in these Supplementary Estimates B is to complete the exhibit fit-up (e.g., display materials and content, art reproductions) for exhibits on First Nations, Inuit and Métis cultures as part of the short-term use for the Indigenous Peoples' Space at 100 Wellington Street. It has also supported ongoing operations and maintenance (e.g., security, heating).

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.
• To seek resolution to a peaceful strike and hunger strike, all partners agreed that a dedicated Algonquin-space would be designed and developed by Algonquins for the long-term use. Agreement has not yet been reached on how to manage the short-term use of 100 Wellington Street, and it will remain closed until a resolution can be found amongst partners.
• 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 provides ongoing funding to Indigenous groups to support modern treaties, self-governments or land claim agreements. The complex history defining these agreements has led to statutory funding obligations defined within the context of each negotiation. The factors determining funding increases vary by agreement and they can change depending on the outcomes of renewal negotiations.
• The gap in reference levels to be able to meet financial obligations contained in fiscal financing agreements for fiscal year 2019-20 is $1.5 million dollars, which we are seeking through these Supplementary Estimates B.
• Generally, the amounts provided to Indigenous groups are inflated by Statistics Canada's Final Domestic Demand Implicit Price Index (FDDIPI). If agreements include program funding for activities that are impacted by population levels (Education, Health and Social programs) the annual escalators are increased by FDDIPI as well as the percentage change in population.
• This funding will support Canada's ability to fulfill its legal obligations as negotiated and agreed to within Comprehensive Land Claims and Self-Government Agreements.
• The overall risk level of this submission is moderate, should funding not be provided.

Background:

• Section 35 of the Constitution Act (1982) recognizes and affirms Indigenous peoples' inherent right to self-government and treaty rights that are typically codified and agreed upon in the context of land claims agreements (modern treaties) and self-government agreements. Canada is obligated to fund implementation of activities outlined in these agreements.
• Self-governing First Nations have assumed responsibility for the delivery of programs and services to their citizens in relation to land and resource management, heritage and culture, social services, health, capital and community infrastructure, economic development and education.
• Under Fiscal Financing Agreements, Canada provides funding to Indigenous governments to enable them to implement their comprehensive land claim and/or self-government agreements, deliver programs and services to their citizens, and remain accountable to their citizens.
• Prior to 2018-19, the department was using 2% for the most part to request annual increases in the ARLU process. There were a few that were done based on average of FDDIPI and population.
• In 2018-19, Treasury Board Secretariat directed to use a new approach wherein the department was to calculate the adjustors using the Q3 of the most recent FDDIPI data to prepare for the ARLU for the upcoming fiscal year.
• The new approach resulted in the department having to return annually through ARLU to seek the gap through Supplementary Estimates as per the agreed approach with Treasury Board.

Key Messages:

• In 2017, profound measures were initiated to affect a shift in the way the Government delivers services to Indigenous Peoples and advances self-determination and self-government of Indigenous Peoples.
• The dissolution of Indigenous and Northern Affairs Canada (INAC) and the creation of two new departments, Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) and Indigenous Services Canada (ISC), was announced.
• In 2019, further changes to the structures of CIRNAC and ISC were announced as part of the continuation of the transformation.
• The Individual Affairs Branch and the Lands and Economic Development Sector under CIRNAC were transferred to ISC. Additionally, ISC and CIRNAC have chosen to establish a robust internal service structure with a large number of shared services functions located in one or the other department.
• These changes support the goal of bringing Indigenous service delivery and programming together while working in full partnership with First Nations, Inuit, and Métis Peoples.

Highlights

• CIRNAC 2020-21 Main Estimates will be approximately $4,911.3 million.
• The Department of Crown-Indigenous Relations and Northern Affairs Act established the new department effective July 15, 2019. Note that 2020-21 will be the first Main Estimates for the new department. No information will be published in relation to the 2019-20 Main Estimates for comparison.
• The information displayed in the 'Estimates to Date' column is the funding CIRNAC received in Supplementary Estimates (A) and (B), both of which occurred after the creation of the department on July 15, 2019.
• For information, a comparison to the 2019-20 Main Estimates of the former Department Indian Affairs and Northern Development is provided in Annex A.

2020-21 Main Estimates - $4,911.3 million

• CIRNAC resources are comprised of 31% in Operating expenditures, 68% in Transfer Payments and 1% in Loans.
• Of the 31% in Operating expenditures:
  • 25% represents direct programming resources to remediate Northern Contaminated Sites as well as settle various claims, including the Indian Residential Schools Settlement Agreement, Federal Indian Day School and Sixties Scoop;
  • 4% of the budget will be used for program management and delivery including litigation management / support and delivery funding related to the Indian Residential Schools Settlement Agreement, negotiation costs, and program supports; and
  • 2% for administrative overhead.

Text alternative for the chart Expenditures by Category

This pie chart shows the breakdown of expenditures by category.

• 68% ($3,328.7 million) represents expenditures in transfer payments;
• 31% represent the Operating expenditures, comprised of:
  • 25% ($1,228.7 million) represents direct programming resources to remediate Northern Contaminated Sites as well as settle various claims, including the Indian Residential Schools Settlement Agreement, Federal Indian Day School and Sixties Scoop;
  • 4% ($220.5 million) of the budget will be used for program management and delivery including litigation management / support and delivery funding related to the Indian Residential Schools Settlement Agreement, negotiation costs, and program supports; and
  • 2% ($107.2 million) for administrative overhead.
• 1% loans ($25.9 million) and
• 0% (less than 1%) capital ($0.3 million).

The table shows the following:

The Operating total of $1,556.4 million is comprised of $1,528.3 million Vote 1 Operating expenditures, $26.1 million for the employee benefit plans (statutory); $1.8 million (statutory) in resource royalties and $0.2 million for miscellaneous items (statutory).

The transfer payment total of $3,328.7 million is comprised of $3,309.0 million Vote 10 grants and contributions, $19.7 million Comprehensive Land Claim Settlements (statutory).

These amounts are reconciled to the 2020-21 Main Estimates page II-83.

2020-21 Main Estimates - $4,911.3 million

These tables show the breakdown of expenditures by Departmental Results Framework: Crown-Indigenous Relations, Northern Affairs and Internal services, as well as the breakdown by program inventory

Expenditure Trend - Crown-Indigenous Relations

• The variation observed between the 2019-20 forecasted spending and 2020-21 is mainly due to:
  • Anticipated spending related to the implementation of the Federal Indian Day School settlement claims;
  • One-time funding in 2019-20 to forgive comprehensive land claim negotiation loans;
  • Anticipated settlements of specific claims;
  • Anticipated spending related to the Sixties Scoop settlements, which are expected to be completed in 2019-20.

Text alternative for the chart Expenditure Trend - Crown-Indigenous Relations

This chart shows the trend of expenditures for Crown-Indigenous Relations from 2014-15 to 2020-21 in million of dollars as follow:

2014-15	2015-16	2016-17	2017-18	2018-19	2019-20	2020-21
1,464.4	1,600.1	1,699.6	2,861.6	3,177.2	7,096.2	4,231.4

The variation observed between the 2019-20 forecasted spending and 2020-21 is mainly due to:

• Anticipated spending related to the implementation of the Federal Indian Day School settlement claims;
• One-time funding in 2019-20 to forgive comprehensive land claim negotiation loans;
• Anticipated settlements of specific claims;
• Anticipated spending related to the Sixties Scoop settlements, which are expected to be completed in 2019-20.

Source: 2014-15 to 2017-18 based on restatement of expenditures reported in Public Accounts for the following programs: Rights and Interests of Indigenous Peoples, Management and Implementation of Agreements and Treaties, Other Claims, and Residential Schools Resolution. 2018-19 based on restatement of expenditures reported in Public Accounts for Rights and Self- Determination. 2019-20 based on the restatement of forecast spending for Rights and Self-Determination. 2020-21 based on Main Estimates. These restatements are done to provide a comparable trend to current structure of the department.

Expenditure Trend - Northern Affairs

• The variation in the expenditures trend mainly reflects:
  • Changes in approved funding levels for the Northern Contaminated Sites including the new Northern Abandoned Mined Reclamation Program; and
  • Increased funding levels for the Nutrition North Program.

Text alternative for the chart Expenditure Trend - Northern Affairs

This chart shows the expenditures trend for Northern Affairs from 2014-15 to 2020-21.

2014-15	2015-16	2016-17	2017-18	2018-19	2019-20	2020-21
399.7	392.5	381.4	431.6	498.8	521.8	529.9

The variation in the expenditures trend mainly reflects:

• Changes in approved funding levels for the Northern Contaminated Sites including the new Northern Abandoned Mined Reclamation Program; and
• Increased funding levels for the Nutrition North Program.

Source: 2014-15 to 2017-18 based on restatement of expenditures reported in Public Accounts for the following programs: Northern Governance and People, Northern Science and Technology, and Northern Land, Resources and Environmental Management. 2018-19 based on restatement of expenditures reported in Public Accounts for Community and Regional Development. 2019- 20 based on the restatement of forecast spending for Community and Regional Development. 2020-21 based on Main Estimates. These restatements are done to provide a comparable trend to current structure of the department.

Annex A – Comparison to the 2019-20 Main Estimates of the Department of Indian Affairs and Northern Development

In comparison to the former Department of Indian Affairs and Northern Developments' 2019- 20 Main Estimates of $7,034.2 million. This decrease in funding is primarily attributable to:

• a decrease in funding for the Federal Indian Day School settlement;
• a decrease in funding for the Sixties Scoop settlement;
• net decrease in funding related to the transfer to the Department of Indigenous Services primarily for Individual Affairs and Lands and Economic Development programs as well as internal services as per Order in Council P.C. 2019-1109; and
• net increase in funding for negotiation, settlement and implementation of comprehensive claims and self-government agreements.

Raison d'être

Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) continues to renew the nation-to-nation, Inuit-Crown, government-to-government relationship between Canada and First Nations, Inuit and Métis; modernize Government of Canada structures to enable Indigenous peoples to build capacity and support their vision of self-determination; and lead the Government of Canada's work in the North.

The Minister of Crown-Indigenous Relations and the Minister of Northern Affairs are responsible for this organization.

Additional information can be found in the Organization's Departmental Plan.

Key Messages:

• The Department of Crown-Indigenous Relations and Northern Affairs Act which came into effect on July 15, 2019, establishes the department of Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC).
• Fiscal year 2020-21 will be the first Main Estimates for the new department, and as such, there is no information available to be published with respect to the department's previous years' Main Estimates for comparison purposes.
• The Department of CIRNAC 2020-21 Main Estimates will be approximately $4,911.3 million.
• With this funding, CIRNAC will continue to support activities that advance reconciliation and accelerate the renewal of the Crown's relationship with Indigenous peoples based on the affirmation of rights, respect, co-operation and partnership. In addition, the Department will continue to lead the Government's work in the North in cooperation with territorial, provincial and Indigenous partners.

Background:

The former Department of Indigenous and Northern Affairs Canada 2019-20 Main Estimates budget is $7,034.2 million, while CIRNAC's total Main Estimates budget for 2020–21 is $4,911.3 million which reflects a net decrease of $2,122.9 million.

This decrease in funding is primarily attributable with:

• The Federal Indian Day Schools (McLean) settlement agreement (-$1,003.2 million) based on anticipated spending;
• The Sixties Scoop settlement (-$750.0 million), as the settlement is anticipated to be completed in 2019-20;
• The transfer to the Department of Indigenous Services, primarily for Individual Affairs and Lands and Economic Development programs, as well as internal services, as per Order in Council P.C. 2019-1109 (-$483.6 million);
• The funding for the reimbursement of comprehensive land claim negotiation loans and reform of the Negotiation Support Funding Program (+$98.2 million); and
• The funding for the Renewal of 25 Self-Governing Indigenous Government Fiscal Transfer Arrangements Incorporating Canada's Collaborative Self-Government Fiscal Policy and associated Costing Methodologies (+$100.1 million).

Key Message:

• Indigenous peoples should never have to choose between exercising their rights and their financial security.
• The Government initiated a number of reforms to how Indigenous groups are funded to participate in comprehensive land claim negotiations.
• This started by replacing comprehensive land claim negotiation loans with contribution funding in 2018 and, in 2019, by forgiving outstanding comprehensive land claim loans.
• The final stage of these loan reforms will see Indigenous groups that have repaid their loans reimbursed $491 million over five years. This will reimburse the loan amounts repaid by modern treaty holders to Canada starting in the Spring 2020.
• This reimbursement will benefit 93 Indigenous communities.

Background:

• Budget 2019 committed funding of 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.
  • Loans were repaid by 27 Indigenous groups representing 93 communities and covering 24 modern treaties.
• Work to advance the Budget commitment is nearing completion. A total of $919 million to support forgiveness was included as part of the tabling of Supplementary Estimates B. Indigenous groups will be notified that their loans have been forgiven effective March 31, 2020.
• Subject to annual appropriation of funds, reimbursement is scheduled to occur over a five-year period with the first payment being issued in Spring 2020.
• As a reminder, in 2018 the department also eliminated loan funding and secured $43.4 million annually in contribution funding to support Indigenous participation in comprehensive land claim negotiations.

Key Message:

• The mistreatment of Indigenous children is a tragic and shameful part of Canada's history.
• The Court has approved the settlement agreement and the process has begun to compensate survivors.
• Thousands of Indigenous people who suffered harm at federally-run Indian Day Schools will have until July 13, 2022 to apply for long-awaited compensation.
• As per the terms of the settlement, Canada has paid $1.27B for Level 1 harms, $200M for the establishment of the Legacy Corporation, $62M in legal fees and taxes and $7M in ongoing legal support for class members.
• Canada will also provide compensation for Level 2-5 harms as claims are validated on an ongoing basis.
• As the implementation of the settlement was delayed due to appeal, funding for Level 2-5 compensation and administration fees will be reprofiled to future years.

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 had 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 Appeal dismissed the motion.

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

Key Message:

• The 2020 Main Estimates includes funding to negotiate various out-of-court settlements.
• The request for funding supports the settlement of several litigation claims. This underscores how the resolution of past grievances outside the courts is instrumental in advancing the Crown-Indigenous relationship and pursues an approach to litigation that promotes resolution and settlement.
• Settling litigation with Indigenous peoples outside the court system, in a fair, compassionate and respectful manner, demonstrates how the Government of Canada is working with Indigenous peoples towards accelerating a renewed, nation-to-nation relationship based on the recognition of rights, respect, co-operation and partnership.

Background:

• Settling litigation with Indigenous peoples outside the court system, in a fair, compassionate and respectful manner, demonstrates how the Government of Canada is working with Indigenous peoples towards accelerating a renewed, nation-to-nation relationship based on the recognition of rights, respect, co-operation and partnership.
• The 2019 Mandate letter for the Minister of Crown-Indigenous Relations stated the importance of continuing to improve the relationship between Canada and Indigenous peoples, as well as continued work to implement the Truth and Reconciliation Commission's Calls to Action.
• These Calls to Action are supported by one of the core themes in the Attorney General of Canada's Directive on Civil Litigation Involving Indigenous Peoples, which states that Canada should "advance an approach to litigation that promotes resolution and settlement, and seeks opportunities to narrow or avoid potential litigation."
• This approach has resulted in significant progress towards resolving litigation claims outside of the courts and has been successful in reducing Canada's contingent liability, as settlements have been based on risk and avoid unpredictable and / or undesirable court outcomes. This is demonstrated through the settlement of a number of class actions, as well as individual and multi-plaintiff actions.

Key message:

• We recognize this is a challenging time for all Canadians, Indigenous and non-Indigenous.
• We all want a peaceful and rapid resolution that brings down the blockades and advances dialogue with the Wet'suwet'en.
• Canada's longstanding working relationship with the Wet'suwet'en Hereditary Chiefs came first through the British Columbia treaty process, and is now through a rights discussion table.
• Last week, Canada and British Columbia met with the Wet'suwet'en Hereditary Chiefs to discuss the recognition of Wet'suwet'en rights and title and issues arising out of the Coastal GasLink project.
• The discussions resulted in a proposed arrangement that sets a path forward for recognizing Wet'suwet'en rights and title.
• Wet'suwet'en members are now reviewing the draft arrangement through Wet'suwet'en protocols for approval.
• If approved by the Wet'suwet'en Nation, I and BC's Minister of Indigenous Relations and Reconciliation Scott Fraser, will return to Wet'suwet'en territory to sign the document.
• Once signed by the parties, the parties will begin negotiating the implementation of Wet'suwet'en rights and title through a number of legally binding agreements.

Background:

Wet'suwet'en members, with the support of Wet'suwet'en Hereditary Chiefs, had been occupying provincial Crown land within Wet'suwet'en traditional territory to prevent Coastal Gaslink from accessing a work site.

On December 14, 2018, the British Columbia Supreme Court issued an injunction temporarily ordering that workers be permitted access. On January 8, 2019, the Royal Canadian Mounted Police began to enforce the court injunction, resulting in a number of arrests.

Other Indigenous groups across Canada then took action in support of the Wet'suwet'en Hereditary Chiefs, including erecting blockades of railways.

CIRNAC has a longstanding relationship with the Wet'suwet'en Hereditary Chiefs, beginning under the British Columbia treaty process in 1994. The Wet'suwet'en were in Stage 4 of the process (negotiation of an Agreement-in-Principle) when, in May 2015, they ceased participating out of concern that their self-government rights and title interests would not be met. In March 2017, the Wet'suwet'en Hereditary Chiefs wrote to the Department seeking reconciliation discussions, and in July 2017, the Department initiated Recognition of Indigenous Rights and Self-Determination discussions with the Wet'suwet'en, with an exclusive focus on child and family services. At these discussions, the Wet'suwet'en Nation is represented by the Wet'suwet'en Hereditary Chiefs and the elected Chiefs from both Hagwilget Village Council and Witset First Nation. On October 11, 2018, Canada, British Columbia and the Wet'suwet'en signed a Memorandum of Understanding, committing the parties to work together on child and family service transformation, and to explore a transfer of jurisdiction over child and family services back to the Wet'suwet'en.

From February 27-29, 2020, the Minister of Crown-Indigenous Relations, the provincial Minister of Indigenous Relations and Reconciliation, as well as representatives from CIRNAC and BC met with the Wet'suwet'en Hereditary Chiefs to discuss the recognition of Wet'suwet'en rights and title and the issues arising out of the Coastal GasLink project. The topics were discussed separately.

The result of these discussions was a proposed arrangement that includes a commitment to an expedited process to negotiate the implementation of Wet'suwet'en rights and title throughout Wet'suwet'en's Yintah (territory). This arrangement will be reviewed by Wet'suwet'en clan members through Wet'suwet'en governance protocols for ratification. If approved, the Minister of Crown-Indigenous Relations and Minister of Indigenous Relations and Reconciliation will return to Wet'suwet'en territory to sign.

Key message:

• 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 Government 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 governments 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 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:

• Our Government is committed to co-developing a process for the ongoing review, maintenance and enforcement of treaty obligations between the Crown and Indigenous communities.
• This process will include discussions on a National Treaty Commissioner's Office.
• Advancing this commitment will involve meaningful engagement with First Nations, Inuit and Métis partners.

Background:

Treaties establish and define specific rights, benefits and obligations of treaty signatories, which serve to solidify relations, address issues related to land title and usage and / or address outstanding legal rights and title over unsurrendered lands.

Treaty rights, as well as Aboriginal rights, are recognized and affirmed by section 35 of the Constitution Act, 1982. Today, the courts have indicated that the purpose of section 35(1) "is to reconcile the prior presence of Aboriginal peoples in North America with the assertion of Crown sovereignty." The recognition and implementation of section 35, Constitution Act, 1982 rights is central to Canada's relationship with First Nations, Métis and Inuit peoples.

The Government committed to "take new steps to ensure the Government is living up to the spirit and intent of treaties, agreements, and other constructive arrangements made with Indigenous Peoples" in the Speech from the Throne. The Minister of Crown-Indigenous relations is also mandated 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.

Key Message:

• 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 will 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.

Truth and Reconciliation Commission Implementation:

• The Truth and Reconciliation Commission Calls to Action provide all Canadians a path forward for Canada's journey of healing and reconciliation.
• To date, close to 80 per cent of the Calls to Action under the responsibility of the federal government alone or shared responsibility with provincial/territorial governments and other key partners, are completed or well underway.
• The Government fully understands the importance of the Calls to Action and will continue to work with our partners to accelerate progress.
• This work will require sustained and consistent action to continually make progress on the journey of reconciliation.

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 (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 Mohawks of Akwesasne and Canada negotiated a settlement agreement to resolve a historical grievance regarding the 1888 surrender of lands and leases issued in Dundee, Quebec.
• The Mohawks of Akwesasne have approved the proposed settlement agreement in a vote. It will be finalized when signed by both parties.
• The settlement is an important milestone in advancing reconciliation with the Mohawks of Akwesasne and I look forward to celebrating with the community once it has been finalized.

Key messages:

• The creation of Indigenous Services Canada and Crown-Indigenous Relations and Northern Affairs Canada, was announced by the Prime Minister in August of 2017.
• The dissolution of Indigenous and Northern Affairs Canada follows the recommendations of the Royal Commission on Aboriginal Peoples and the two new departments are already better serving the distinct needs of First Nations, Inuit and Métis.
• These two new departments will allow us to break from the colonial past and to better serve the distinct needs of First Nations, Inuit and Métis while accelerating a move towards self-determination.
• We are improving the delivery of services while accelerating a move to self-determination of Indigenous peoples.
• Between the departments, a shared service model is in place where some corporate level activities are shared between them, including Human Resources and Communications functions.

Departmental Budget

• In 2016-17, the former INAC and Health Canada's FNIHB had a total combined budgetary authority of $12.6B.
• The total for 2019-20 is $21.6B broken down as:
  • $13.7B for Indigenous Services Canada;
  • $7.0B for Crown-Indigenous Relations and Northern Affairs Canada; and
  • $0.8B which was incurred by Department of Indian Affairs and Northern Development prior to the creation of the new department, Department of Crown-Indigenous Relations and Northern Affairs.
• Significant increases observed since 2016-17 is a result of successive budget investments as well as funding related to the Sixties Scoop and Childhood Claims settlements.

Internal Services Costs

• In 2016-2017, the former INAC and the First Nation and Inuit Health Branch's internal services represented 2.8% of the total departmental budget. In 2019-2020, internal services will represent 1.9% of the total budget.
• In 2017-18, former INAC and Health Canada's FNIHB and ISC internal services was approximately $382 million. This represents 2.6% of program dollars.
• In 2018-19, CIRNAC and ISC internal services was approximately $462 million. This represents 2.8% of program dollars.
• In 2019-20, based on Supplementary Estimates B proposed authorities to date, CIRNAC and ISC internal services is $394 million. This represents 1.9 % of program dollars.

Full-time Equivalents (FTEs)

• In 2016-17, former INAC and Health Canada's FNIHB internal services had a total of 1,793 FTEs. This represented 34.5% of program FTEs.
• In 2017-18, former INAC and Health Canada's FNIHB and ISC internal services has 1,870 FTEs. This represented 34.4% of program FTEs.
• In 2018-19, CIRNAC and ISC internal services had a total of 1,957 full-time equivalents. This represented 35.3% of program FTEs.

Benchmarking

• The table reflects the various cost factors utilized by the Office of the Comptroller General that compare ISC and CIRNAC separately and combined to the former INAC.
• The combined ISC / CIRNAC benchmark results have reduced significantly from the former INAC levels, with a 33% effective reduction for internal services FTEs over program FTEs from 46% to 31%, as internal services FTE growth has not kept pace with that of program FTEs.

Key messages:

• CIRNAC is committed to achieving its distinct mandates of creating lasting and impactful changes for Indigenous peoples and Northerners across Canada.
• This is why we have taken a new approach to working in partnership with First Nation, Inuit and Métis peoples in a manner that affirms and implements their rights and their visions of self-determination. This is evident in the results we are reporting on in this report.
• We continue to work towards advancing meaningful reconciliation and accelerating the renewal of the Crown's relationship with Indigenous peoples, as well as to lead the Government's work in the North in cooperation with territorial, provincial, federal and Indigenous partners.

Transition

• This report also continues to reflect our transition as the final structure of CIRNAC continues to evolve in partnership with Indigenous peoples.
• We have grown to understand that progress is more easily achieved when we work together, building solid partnerships based on trust and respect.
• It is important that we continue to work towards renewing relationships with First Nation, Inuit and Métis across Canada, so that we can move forward with a shared strength and build a better future for all Canadians.

Decreased spending

• On November 30, 2017, CIRNAC transferred the Education and Social Development Programs and Partnership, and Regional Operations Sectors to Indigenous Services Canada (ISC).
• As a result, CIRNAC's 2018-19 actual spending exclude these sectors. The 2017-18 amounts include 8 months of program operations spending prior to the transfer of these programs over to ISC.

Decreased spending for Indian Residential Schools Settlement Agreement

• Our Government is committed to justice for Indian Residential School survivors and ensuring that all those entitled to Independent Assessment Process compensation receive it.
• The Independent Assessment Process was specifically designed to resolve Indian Residential School abuse claims.
• To date, 99.8% of all claims have been resolved.
• The declining funds reflect that the vast majority of claims have already been resolved.
• We continue to pursue meaningful and lasting resolution to Independent Assessment Process claims, and the vital goal of advancing reconciliation with Indigenous peoples.

Increased spending for claims settlements

• Our Government is committed to a renewed relationship with Indigenous Peoples, based on recognition of rights, cooperation and partnership.
• The Government of Canada remains committed to the fair resolution of claims. We will continue to make funds available to enable settlements to be reached and paid out on a timely basis.
• This supports ongoing efforts by our government to negotiate the settlement of claims more rapidly.

Background on Departmental Results Report

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.