Appearances before the Standing Committee on Indigenous and Northern Affairs on 2020-21 Supplementary Estimates (A) 2020-21 (June 16, 2020) — Crown-Indigenous Relations

Logistics

Date: Tuesday, June 16, 2020
Time: 5:00 p.m. to 7:00 p.m.
Location: Videoconference (Zoom)
Subject: 2020-21 Supplementary Estimates (A)

Appearing:

• The Honourable Marc Miller, Minister of Indigenous Services
• The Honourable Carolyn Bennett, Minister of Crown-Indigenous Relations
• The Honourable Dan Vandal, Minister of Northern Affairs

Supporting Witnesses from Indigenous Services Canada

• Jean-François Tremblay, Deputy Minister
• Valerie Gideon, Senior Assistant Deputy Minister, First Nations and Inuit Health Branch
• Philippe Thompson, Chief Finances, Results and Delivery Officer

Supporting Witnesses from Crown-Indigenous Relations and Northern Affairs

• Daniel Watson, Deputy Minister
• Annie Boudreau, Chief Finances, Results and Delivery Officer
• Serge Beaudoin, Assistant Deputy Minister, Northern Affairs Organization
• Jeff Moore, Senior Assistant Deputy Minister, Policy and Strategic Direction Sector
• Martin Reiher, Assistant Deputy Minister, Resolution and Individual Affairs Sector

Context

The Standing Committee on Indigenous and Northern Affairs has been studying the Government's response to the COVID-19 pandemic since May 1st. On June 5, 2020, the Standing Committee on Indigenous and Northern Affairs adopted a motion to study the 2020-21 Supplementary Estimates (A). While the members will be expected to ask questions that pertain to the topic at hand, they will likely attempt to ask a wide range of questions due to the presence of Cabinet Ministers at the table. The questions will likely be focused on the COVID-19 investments, the MMIWG National Action Plan, actions to address racism and diversity.

During the last few meetings at INAN, opposition members from the Committee have questioned the witnesses on the tools they need from the federal government to address COVID-19 and the re-opening of the economy (MP Qaqqaq [NDP], MP Bérubé [BQ] MP Schmale [CPC], MP Vidal [CPC] and MP Gazan [NDP]). Questions have also been raised by the Conservatives on the impact of the pandemic on non-renewable resources in Indigenous communities (MP Dalton, and MP Viersen). Federal government support for northern airlines during this pandemic has also been raised (MP Qaqqaq [NDP], MP Dalton [CPC], MP Gazan [NDP], MP Viersen [CPC] and MP Bérubé [BQ]). Witnesses have testified that northern airlines north of 60 are not receiving the support they need from the federal government.

A number of members of the Committee (MP Zimmer [CPC], MP Qaqqaq [NDP], MP Viersen [CPC], and MP Vidal [CPC]) have asked about whether there is enough personal protective equipment (PPE) being distributed and whether more testing is needed. Opposition members have also asked questions on housing needs (MP Bérubé (BQ), data collection (MP Vidal (CPC) and restricted access to First Nation communities (MP Viersen (CPC). Some witnesses have indicated they do not have their own police force, and it has been difficult to keep people in communities, and stop people from entering their community.

The issue of youth has been raised frequently. MP Qaqqaq (NDP) indicated concerns about more mental health supports. Witnesses have indicated a need for more mental health supports for youth, including infrastructure (recreational centres, etc).

MP Qaqqaq (NDP) has probed witnesses on connectivity in northern and remote communities. Witnesses have pointed out that a lack of connectivity could become more problematic when school starts up again in the September.

It should be noted that the Conservatives have attempted to raise the Wet-suwet'en negotiations during several meetings (MP Zimmer, and MP Schmale). MP Schmale also introduced a motion to invite the elected chiefs to provide testimony on how the COVID-19 pandemic has affected the ability of the chiefs to enter into open and transparent negotiations regarding land rights and title with the federal government. The motion was voted down.

Key Messages

• In response to the Final Report's 231 Calls for Justice, we are developing a truly national, not federal, action plan in which Indigenous, provincial, and territorial governments as well as Indigenous organizations, families and survivors, and experts will contribute.
• The National Action Plan, which will include specific jurisdictional and distinctions-based chapters, will be the responsibility of all contributing parties. Wherever possible, approaches will be coordinated and shared, but there will also be space for stand-alone contributions.
• We have been and are committed to continuing to work together with all of our Indigenous, provincial, and territorial partners on the development and implementation of the National Action Plan. Together, we will work towards and be held accountable for driving transformative change to end systemic racism and violence against Indigenous women, girls, and LGBTQ and Two-Spirit people.
• The National Action Plan will be distinctions-based, regionally representative, and respond to the diverse needs of communities across the country. The National Action Plan will recognize the need for broad and sustained action and the importance of continuing to define and address future needs in light of what will be learned from the first phases of the National Action Plan. It will be "evergreen", meaning that it will not remain a static and one-time response. Built into its design will be follow-up, revision and improvement processes that will ensure sustained focus and action in this area.
• The government did not wait for the National Inquiry's final report before undertaking work towards an end to the violence against Indigenous women, girls, Two-spirit and LGBTQ people. We made significant investment even before the interim report was tabled and responded to the interim report with nearly $50M of investments. And since the final report was released, we have engaged regularly with provinces, territories, and Indigenous partners.

If pressed about other funding to respond to the National Inquiry's Final Report

• We are not waiting for the National Action Plan to be developed to invest in protecting Indigenous women, girls, and LGBTQ and Two-Spirit people. We have more recently announced that we are investing:
  • $85.6 million over five years and $10.2 million annually ongoing to build and operate 12 new shelters, 10 shelters in on-reserve First Nations communities and 2 shelters in the territories, which will help protect and support Indigenous women and girls experiencing and fleeing violence.
  • $1 million a year ongoing, starting this year, to support engagement with Métis leaders and service providers on shelter provision and community-led violence prevention projects for Métis women, girls, and LGBTQ and Two-Spirit people

If pressed about funding to address violence against Indigenous women, girls, and LGBTQ and Two-Spirit people

• We did not wait for the National Inquiry to release their final report before taking action. We responded to their interim report with nearly $50 million of investments, including:
  • $13 million for the establishment of a MMIWG Commemoration Fund to support Indigenous governments and organizations to work with families, survivors, and communities to develop and implement commemoration initiatives to honour the lives and legacies of missing and murdered Indigenous women, girls, LGBTQ and Two-Spirit people;
  • $5.42 million for Justice Canada's Family Information Liaison Units (FILUs) which ensure that family members have a culturally-grounded and trauma-informed team to assist them in accessing information about loved ones and to help them navigate the criminal justice system;
  • $21.3 million for continued healing and health supports for families and survivors including access to mental health counselling, emotional support, community-based cultural support services, and some assistance with transportation costs from 2017 to 2021, delivered through Indigenous Services Canada; and
  • $9.6 million to support the establishment of a national investigative oversight body at the Royal Canadian Mounted Police which has taken a lead role in creating and updating national training initiatives, and continues to examine the best way to collect information and specifically address cases where the victims are Indigenous women or girls.

Key Messages

• The National Inquiry called on all governments to develop a National Action Plan. That work was well underway prior to the COVID-19 pandemic.
• We have heard from Indigenous organizations that rates of gender-based violence have increased for Indigenous women and children during COVID-19.
• Our partners input into the National Action Plan is essential and we are working with them throughout COVID-19 to advance the work of developing the plan. While this is happening, we have also made investments where there have been needs that could be addressed promptly.
• We all remain committed and we are continuing to move forward with programs aimed at addressing the root causes of violence as identified in the final report.

National Action Plan Engagement: Indigenous Women's Organizations

National Action Plan Engagement: Provinces and Territories

National Action Plan Engagement: Families and Survivors

National Action Plan Engagement - LGBTQ2S

National Action Plan Engagement : Federal Government (Interdepartmental Working Group)

Key Messages

• Since 2015 our government has been working to address systemic issues, as identified in the report, that contribute to this national tragedy.
• We have listened to the families of missing and murdered Indigenous women and girls who started the grassroots advocacy around this tragedy and called for a national inquiry.
• We did not wait for the National Inquiry to release their final report before taking action. In 2017 we responded to their interim report, "Our Women and Girls are Sacred," with nearly $50M of investments, including:
  • $13M for the establishment of a MMIWG Commemoration Fund to support Indigenous governments and organizations in working with families, survivors and communities to develop and implement commemoration initiatives to honour the lives and legacies of missing and murdered Indigenous women, girls, LGBTQ and Two-Spirit people.
  • $5.42M for Justice Canada's Family Information Liaison Units (FILUs), which ensure that family members have a culturally grounded and trauma-informed team to assist them in accessing information about loved ones and to help them navigate the criminal justice system;
  • $21.3M for continued healing and health supports for families and survivors, including access to mental health counselling, emotional support, community-based cultural support services, and some assistance with transportation costs from 2017 to 2021, delivered through Indigenous Services Canada; and
  • $9.6M to support the establishment of a national investigative oversight body at the Royal Canadian Mounted Police, which has taken a lead role in creating and updating national training initiatives, and continues to examine the best way to collect information and specifically address cases where the victims are Indigenous women or girls.
• Beyond responding to the Interim Report, we've made a number of investments in Indigenous people and communities:
  • We invested $333.7 million over 5 years beginning in 2019-20 and $115.7 million ongoing, to support Indigenous language revitalization efforts and the creation of the Office of the Commissioner of Indigenous Languages.
  • We doubled funding to child and family services agencies, based on their actual needs and with an emphasis on prevention, from $681 million in 2015 to2016 to $1.7 billion in 2019 to 2020.
  • We invested $425 million annually for community-based services to address the mental wellness needs of First Nations and Inuit. This funding supports a continuum of culturally appropriate, community-based programs, services and strategies, including mental health promotion, counselling, crisis intervention and addictions prevention and treatment. This includes the creation of 52 new mental wellness teams, for a total of 63 teams serving 344 communities.
  • We launched a fund of $10 million over 5 years to support projects that contribute to the revitalization of Indigenous legal traditions and laws.
• In addition to these targeted investments, we are committed to reconciliation, to renewing the relationship with Indigenous peoples on the basis of recognition of rights, respect, co-operation, and partnership - and we have made significant investments to address the root causes of violence.
• Our government is committed to ending the ongoing national tragedy of missing and murdered Indigenous women and girls and that is why are continuing to invest in initiatives that have made a positive impact.

Key Messages

• 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 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 Final Report included 231 Calls for Justice directed at all levels of governments, institutions, social service providers, industries, and all Canadians. Of the 231 Calls for Justice, 215 fall under federal-provincial-territorial jurisdictions.
• Our government is committed to ending the ongoing national tragedy of missing and murdered Indigenous women and girls and that is why we launched an independent national inquiry.

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. The Government of Canada's 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 provided $38M in additional funding to support the Inquiry during its extension. The Commission 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.

Since the release of the Final Report, federal, provincial and territorial governments as well as Indigenous organizations, leaders, and communities have been undertaking engagement activities to inform their respective and collective response to the National Action Plan. For example:

• National and regional Indigenous organizations, with funding from the Government of Canada, have been engaging their members, including families and survivors, to identify priority Calls for Justice, wise and promising practices, and how they want to be included in the development of the National Action Plan.
• Provinces and territories, Indigenous partners and federal departments have been reviewing the Calls for Justice, undertaking their own engagement activities, and identifying priorities and initiatives related to ending violence against Indigenous women, girls, and LGBTQ and Two-Spirit people.

The emergence of the COVID-19 pandemic highlighted the urgency of addressing the root causes of violence as identified in the National Inquiry's Final Report. Unfortunately, it also delayed engagement and collaboration efforts that were already underway. While the pandemic has changed the way the government engages and collaborates, it is committed to working with Indigenous partners, families and survivors, provinces and territories to moving forward on developing the National Action Plan.

Key Messages

• The emergence of the COVID-19 pandemic highlighted the urgency of addressing the root causes of violence as identified in the National Inquiry's final report.
• We have heard from Indigenous organizations that rates of gender-based violence have increased for Indigenous women and children during COVID-19. This is why we are continuing to move forward with programs aimed at addressing the root causes of violence as identified in the final report.
• In response to COVID-19, our government is investing $10 million for shelters on reserve and in the Yukon to support Indigenous women and children fleeing violence.
• Our government began by providing $15 million for Indigenous organizations that provide services to Indigenous peoples living in urban centres and off reserve, including Indigenous women's organizations.
• We heard loud and clear that more support is needed for Indigenous organizations working and operating in urban centres.
• That is why the Prime Minister announced an additional $75 million for these organizations supporting Indigenous Peoples living in urban areas and off-reserve. This announcement marks a five-fold increase in the initial funding.
• Our government will continue to do what is right and necessary to address violence against Indigenous women and children.

COVID Funding

• To support First Nations, Métis and Inuit communities in responding to their unique needs during this time, the Government of Canada has delivered $380 million directly to communities through the Indigenous Community Support Fund.
  • This distinctions-based approach has allowed communities maximum flexibility to identify and respond to their own needs.
  • This funding has given communities the ability to respond to specific needs of women and girls, including arranging temporary shelters, bolstering overall community security, providing mental health supports and increasing access to education for children.
• To support Indigenous peoples living off-reserve and in urban centres, $90 million in proposal-driven funding is being delivered to friendship centres, regional organizations and other groups providing supports to vulnerable Indigenous peoples, including survivors of violence and LBGTQ+ and Two-Spirit people.
• Crown-Indigenous Relations and Northern Affairs Canada participates in Indigenous Services Canada's bi-weekly meetings of the Advisory Committee on Indigenous Women's Wellbeing, which is a forum to share information with National Indigenous Women's Organizations and other partners, as well as to solicit ideas on how to best support Indigenous women at this time and hear about organizations' work.

Background

• In the context of COVID-19 responses, ISC has focused on addressing gaps in supports for Indigenous peoples. To date, funding actions have included:
  • $380M Indigenous Community Support Fund;
  • $285.1M plus $107.8M to support the ongoing public health response to COVID-19 in Indigenous communities;
  • $270M to supplement the on-reserve income assistance program;
  • $85.6M to build and operate 12 new shelters to support family violence prevention on-reserve and in the Yukon, plus $10M to top-up the existing 46 shelters;
  • $306.8M for Indigenous businesses & Aboriginal Financial Institutions;
  • $129.9M to the Territorial Governments for health and social supports; and,
  • $75.2M to increase existing distinctions-based support for First Nations, Inuit, and Métis Nation students pursuing post-secondary education.
• The Indigenous Community Support Fund has been distributed as follows:
  • $215 million for First Nations: allocated to each First Nation based on population, remoteness and community well-being
  • $45 million for Inuit, allocated to each of the four land claims organizations through an allocation determined by the Inuit Tapiriit Kanatami and regional Inuit land claims organizations
  • $30 million for Métis Nation communities, through each of the Governing Members
  • $15 million for Indigenous organizations and communities providing services to Indigenous peoples in urban centres or off reserve such as Friendship Centres, Métis Settlements General Council of Alberta and Métis in the Northwest Territories
  • $90 million for urban and off-reserve Indigenous organizations and communities urban distributed through a call for proposals process (an original $15 million supplemented with $75 million)
• The Advisory Committee on Indigenous Women's Well-Being provides a forum for National Indigenous Women's Organization's and other partners to provide advice, guidance, and recommendations on addressing issues impacting Indigenous women's health and wellness ISC and CIRNA are participants in meetings. Members:
  • Assembly of First Nations
  • Assembly of First Nations Women's Council
  • Inuit Tapiriit Kanatami
  • Les Femmes Michif Otipemisiwak - Women of the Métis Nation
  • Native Women's Association of Canada
  • Pauktuutit Inuit Women of Canada
  • National Aboriginal Circle against Family Violence
  • National Aboriginal Council of Midwives
  • Society of Obstetricians and Gynaecologists

Key Messages

• Human trafficking is a heinous crime that affects mostly women and girls, as well as their families and communities.
• The National Inquiry's Calls for Justice call for support of Indigenous-led prevention and community awareness initiatives as well as training for transportation and hospitality service providers to help identify trafficked persons.
• The Government of Canada is committed to preventing and addressing gender-based violence, including protecting those who are at risk of human trafficking.
• In September 2019, the National Strategy to Combat Human Trafficking, a whole-of-government approach, was introduced to address this crime. This strategy is supported by an investment of $57.22 million over five years and $10.28 million ongoing.
• The National Strategy builds on Canada's Human Trafficking Hotline – a multilingual, 24/7 service to help connect victims and survivors to services and law enforcement as well as accept tips from the public.
• These new investments will support a national public awareness campaign, enhance support services for victims and at-risk populations; develop training tools to help key sectors in the identification of trafficked persons; and increase capacity to detect and respond to suspected cases.

Key Messages

• Canada is committed to preventing and addressing gender-based violence against women, girls, LGBTQ and Two-Spirit people.
• We know that addressing gender-based violence is especially important for Indigenous women and girls, as research has shown they self-report experiencing dramatically higher rates of violent victimization.
• It's Time: Canada's Strategy to Prevent and Address Gender-Based Violence, which my colleague Minister Monsef launched in 2017, has received more than $200M in new investments and more than $40M per year ongoing in three areas: preventing gender-based violence; supporting survivors and their families; and promoting responsive legal and justice systems.
• Since then the Government has implemented actions, including: funding projects to prevent teen/youth dating violence; launching the Canadian Human Trafficking Hotline; and, strengthening the sexual assault provisions in the Criminal Code.
• Building on this, we are moving forward to develop a National Action Plan on Gender-Based Violence with a focus on ensuring that anyone facing gender-based violence has reliable and timely access to services.
• Our government is taking a whole-of-government approach and collaborating across all levels of government, including provincial and territorial governments and among multiple departments and agencies, to end gender-basedviolence.
• I am working closely with the Minister for Women and Gender Equality to ensure that the National Action Plans are well-aligned and complementary.

Background

The 2020-21 Supplementary Estimates (A) for all departments were tabled in the House of Commons by the President of Treasury Board on June 2, 2020.

The 2020-21 Supplementary Estimates (A) include key initiatives and new funding totaling approximately $879.5 million, of which $138.3 million represents funding for new initiatives including statutory authority related to the COVID-19 response measures; reprofiles totaling $741.2 million; and $0.8M of internal reallocation from contributions to grant to support the Innovative Solutions Canada (ISC) program, led by the Department of Innovation, Science and Economic Development Canada.

The net increase of $879.5 million is comprised of:

• $741.2 million in Vote 1 Operating expenditures: Reprofiles funding for the Federal Indian Day Schools $481.2 million, and Sixties Scoop Settlement $260.0 million;
• $23.4 million in Vote 10 Grants and contributions: Funding to support research and higher education in Canada's North ($9.9 million); to respond to the National Inquiry into Missing and Murdered Indigenous Women and Girls' Final report ($6.0 million); to support planning activities of the Government of Northwest Territories for the proposed Taltson hydroelectricity expansion project ($6.0 million); and to continue Indigenous Consultation and Capacity Support Activities ($1.5 million); and
• $114.9 million in Statutory funding: Payments to Yukon, Northwest Territories, and Nunavut responses to COVID-19 for urgent health care and social support needs ($72.6 million); for Nutrition North Canada ($25.0 million), and to support northern air carriers ($17.3 million) all under the Public Health Events of National Concern Payments Act.

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 (A) is the first Estimates for 2020–21.
• Eligible items are:
  • Only Treasury Board approved items are to be included, non-urgent organizational requirements have been deferred to a future Estimates.
  • COVID-19 response measures items funded in the Statutory appropriation under the Public Health Events of National Concern Payments Act.

2020–21 Supplementary Estimates (A)

• The 2020–21 Supplementary Estimates (A) reflects a net increase of $879.5 million, which include $741.2 million of reprofile funding, $23.4 million for new initiatives, and $114.9 million in statutory funding.
• The total budgetary authorities for 2020–21 will be $5.8 billion.

Crown-Indigenous Relations — Supplementary Estimates (A) items

Northern Affairs Supplementary Estimates (A) items

Key Messages

• 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.
• The settlement also includes an investment of $200 million to support healing, wellness, education, language, culture and commemoration.
• Canada is committed to reconciliation and we will continue to work with survivors.

Claims Process

• The claims process is paper-based and does not require survivors to testify. It minimizes the burden on survivors and avoids the re-traumatization associated with a hearing.
• The claims process will not put day school survivors on trial. No one will be cross-examined or asked to defend their story.
• The process is designed to be quick and require minimal documentation that should already be in the possession of survivors or their family members.
• Survivors who require assistance with the claims process will be able to seek advice from the administrator, Deloitte, or class counsel, Gowling WLG, without charge.

Other Claims

• Our 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.

Since it was launched, the process has progressed well and as of June 1, the claims administrator Deloitte has received 43,628 claims. Of those claims, 10,292 have so far received compensation.

Key Messages

• Given the exceptional circumstances created by COVID-19, class counsel with support from Canada sought approval from the courts to issue partial payments to class members with a valid claim immediately.
• On June 1st the Federal Court granted that order and on June 2nd the Ontario Superior Court of Justice also granted the order.
• Eligible class members can now expect to receive partial payments of $21,000 over the coming weeks.
• Canada welcomes the courts' decision and is committed to working with all parties to ensure payments are made as quickly as possible.

Suspensions

• COVID-19 has meant that timelines to respond to incomplete applications have been suspended and validation of applications have been delayed - resulting in delays in survivors receiving compensation.
• The parties are working collaboratively with the administrator to ensure that once the suspension is lifted the claims process will resume in an efficient and timely manner.
• Canada is committed to ensuring that survivors receive compensation expeditiously.

Métis / Non-Status not included

• The Sixties Scoop is a dark and painful chapter in our history.
• We now have a settlement for Status First Nations and Inuit, which represents a significant first step in resolving this historic injustice.
• We know that there are other claims that remain unresolved, including those of the Métis and non-Status.
• Canada is working with our partners toward a fair and lasting resolution for all those affected by this dark chapter in Canadian history.

Background

Following a series of negotiations presided over by Federal Court Justice Michel M.J. Shore, the parties reached an Agreement-in-Principle on August 30, 2017. The proposed agreement was finalized and signed by the parties on November 30, 2017.

The Sixties Scoop settlement agreement includes:

• $500-$750 million for individual compensation for Status Indian and Inuit survivors.
• Up to $50 million to establish a foundation - in collaboration with Indigenous communities and individuals - to support and provide access to education, healing and wellness, and commemoration activities for communities and individuals.
• Up to $75.0 million for legal fees.
• Third-party administration costs.

In May 2018, the Federal Court of Canada approved the settlement as fair, reasonable, and in the best interest of the parties. The Federal Court also approved $37.5 million in legal fees for plaintiffs' counsel who appeared in Federal Court. In June 2018, the Ontario Superior Court of Justice approved the settlement agreement, with the exception of legal fees. In order to address the issues of legal fees in the Ontario Superior Court of Justice, the parties in both the Ontario and Federal Court actions signed an amendment to the settlement to clarify that the courts only had jurisdiction to approve the legal fees of counsel appearing before them. Subsequently, the Federal Court approved the settlement on July 27, 2019 and the Ontario Court of Justice on August 3, 2018. Legal fees were approved by the Ontario court on November 15, 2018.

December 1, 2018 marked the implementation of the settlement with the opening of the claims process, payment to the Sixties Scoop Healing Foundation and legal fees. Compensation for valid claims will be made in January 2020.

Collectiva and its First Nations partners offered 55 information sessions across the country to support class members through the claims process.

On March 27, 2020 the Federal Court issued an order amending the settlement agreement to allow Canada to transfer $500M in compensation to the administrator. The Court further amended the settlement by allowing payments to be made to survivors once the approximately 4,767 applications have been fully and finally rejected. This will ensure that all class members received a minimum of $25,000. The original terms of the settlement required all claims to be processed before Canada could transfer compensation to the administrator and payments could be made to applicants with valid claims.

On June 1, 2020, the Federal Court issued an order amending its March 27, 2020 order to allow interim payments, of $21,000, to be made immediately to eligible class members. A similar motion is before the Ontario Superior Court of Justice. Once granted, eligible class members can expect to receive payment in the coming weeks.

Payments began flowing to eligible class members on June 10, 2020.

Background

Crown-Indigenous Relations and Northern Affairs Canada, as the lead department, will coordinate the establishment of a National Action Plan that responds to the Calls for Justice. Indigenous organizations and groups will have the opportunity to participate in the co-development and initial implementation of the National Action Plan and to identify priorities within it.

Prior to COVID-19, work to develop the National Action Plan was well underway. Several Indigenous organizations received funding to engage their communities to identify priorities for inclusion in the National Action Plan for addressing violence against Indigenous women, girls, and LGBTQ2S. However, Indigenous-led engagement was interrupted due to COVID-19.

Despite the challenges caused by COVID-19, the MMIWG Secretariat is continuing to work with Indigenous, provincial and territorial partners to support the advancement of engagement, co-development and implementation of the National Action Plan.

Background

The new statutory funding related to COVID-19 response measures under the responsibility of Minister of Northern Affairs includes :

• Up to $25 million to support temporary enhancements to Nutrition North Canada, further safeguarding food security for people living in Canada's North;
• Up to $72.6 million for urgent health care and social support needs in the territories in response to COVID-19. Of this amount, $18.4 million will be allocated to Yukon, $23.4 million to Northwest Territories, and $30.8 million to Nunavut; and
• Up to $17.3 million to enable the continuation of northern air services supporting essential resupply and medical services in the North.

Funding has been already disbursed for the urgent health care and social support needs in the territories in response to COVID-19 and to enable the continuation of northern air services supporting essential resupply and medical services in the North. Funding for Nutrition North Canada will be disbursed this summer.

Funding for COVID-19 Response - Nutrition North Canada

Supplementary Estimates (A)
Statutory Vote
$25,000,000

• The 2020-21 Supplementary Estimates (A) provide a one-time financial injection of $25M to the Nutrition North Canada subsidy program. This is to ensure that Northern families have access to nutritious food and personal hygiene products and will help offset the financial burden caused by the COVID-19 outbreak.
• Subsidy rates have been increased on basic and essential goods that families require during this challenging period.
• To help northerners afford nutritious food and other essentials their families need, Nutrition North Canada has added more non-perishable food and hygiene items to the eligibility list.
• By providing additional subsidies on a broad range of items, residents of isolated communities are better able to afford to feed and protect themselves and their families.
• This measure came into effect on May 1st and will extend until March 31, 2021.
• Our government remains committed to collaborating with territorial governments and to upholding the well-being of Northerners throughout this crisis and into the future.

Funding for COVID-19 Response Measures - Health and social services

Supplementary Estimates (A)
Statutory Vote
$72,600,000

• Territorial governments have unique needs related to remoteness, transportation and health care limitations, and have a higher cost of living and doing business.
• The 2020-21 Supplementary Estimates (A) provided $114.9 million in new funding under statutory vote for COVID-19 response measures in Yukon, the Northwest Territories and Nunavut.
• This includes $72.6M allocated to support Yukon, the Northwest Territories, and Nunavut to support their COVID-19 health and social services preparations and response, as follows:
  • $18.4 million for Yukon,
  • $23.4 million for the Northwest Territories, and
  • $30.8 million for Nunavut.
• This funding builds on the $500 million in funding already announced for provincial and territorial governments through the Canada Health Transfer and will help the territories address the critical priorities they identified to minimize the spread of the virus.
• Funding has been already disbursed for the urgent health care and social support needs in the territories in response to COVID-19.
• Our government remains committed to collaborating with territorial governments and to upholding the well-being of Northerners throughout this crisis and into the future.

Funding for COVID-19 Response Measures - Northern air services

Supplementary Estimates (A)
Statutory Vote
$17,300,000 in new funding

• The 2020-21 Supplementary Estimates (A) provided $17.3 million to support a focused and reliable air network in the territories for the movement of essential goods and services in response to the COVID-19 pandemic.
• This funding, which has been disbursed, will assist northern air carriers in maintaining a basic network of routes and services, and includes:
  • $3.6 million for Yukon;
  • $8.7 million for the Northwest Territories; and
  • $5 million for Nunavut.
• In partnership with investments by the territorial governments, the federal funding will ensure the continued supply of food, medical supplies, and other essential goods and services to remote and fly-in communities in the North.

Background

Budget 2019 committed $18 million over three years (2019-2020 to 2021-2022) to fund the pre-development phase of the Taltson hydroelectric expansion project.

This 3-year funding, which started in 2019-20, is targeted to support the Government of Northwest Territories in undertaking planning activities for its proposed Taltson Hydroelectricity Expansion Project.

The Taltson Hydroelectricity Expansion Project looks to expand the existing Taltson Hydro facility and connect the North Slave and South Slave hydropower systems and achieve a transformative reduction in the Northwest Territories' greenhouse gas emissions, while stabilizing the cost of living and doing business. This project is essential to the ongoing growth and economic prosperity of the Northwest Territories and its citizens.

The Government of Northwest Territories project plan places early emphasis on securing and creating strong partnerships with Indigenous governments to collaboratively develop the partnership model, and ensure full participation in the project, including formalization of the investment relationship, undertaking of engineering technical and feasibility studies, and the environmental assessment process.

The expansion of the hydroelectric grid is expected to reduce greenhouse gas emissions by 227 kilotons (KT) by 2030 and will play a critical role in meeting the territorial and national climate change goals.

Background

The Arctic and Northern Policy Framework (Framework), launched on September 10th, 2019, 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.

Government of Canada's investment to construct a new campus science building will 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

• Canada recognized that First Nation, Inuit and Métis are among the most vulnerable during the COVID-19 pandemic. In particular, Indigenous women and girls as well as LGBTQ+ and Two-Spirit people are facing exceptional social and economic challenges during the COVID-19 pandemic.
• We recognize the heightened risk of domestic and gender-based violence during this time.
• We know women and girls are disproportionately experiencing the repercussions of physical distancing measures, including reduced access to services, increased food insecurity, and mental health challenges.

Shelters for Indigenous women and girls

• Shelters in Indigenous communities provide a vital place of refuge for women and children escaping violence.
• On May 29, we announced $44.8 million over five years to build 12 new shelters to help support Indigenous women and children escaping domestic violence as well as $40.8 million over five years and $10.2 million ongoing to operate these shelters.
• This funding is in addition to the $10 million previously announced in COVID-19 supports for 46 First Nations shelters and the $1 million per year ongoing to engage Métis leaders and service providers on shelter provision and community-led violence prevention projects for Métis women, girls, LGBTQ, and Two-Spirit People.

Supports and services for Indigenous women in urban centres

• We know that Indigenous peoples living in urban centres, including women and their families, have unique needs and challenges.
• In response to COVID-19, we provided $90 million to organizations and groups serving Indigenous people living in urban areas and First Nations off reserve.
• Through Budget 2019, $60 million was dedicated to providing safe and accessible spaces for urban Indigenous peoples to receive culturally relevant services.
• Additionally, over 300 community violence prevention projects are funded on and off reserve each year through ISC's Family Violence Prevention Program.

Background

The Advisory Committee on Indigenous Women's Well-Being provides a forum for National Indigenous Women's Organization's and other partners to provide advice, guidance, and recommendations on addressing issues impacting Indigenous women's health and wellness ISC and CIRNA are participants in meetings. Members:

• Assembly of First Nations
• Assembly of First Nations Women's Council
• Inuit Tapiriit Kanatami
• Les Femmes Michif Otipemisiwak - Women of the Métis Nation
• Native Women's Association of Canada
• Pauktuutit Inuit Women of Canada
• National Aboriginal Circle against Family Violence
• National Aboriginal Council of Midwives
• Society of Obstetricians and Gynaecologists

Key Messages - MOU

• In 1997, the Supreme Court of Canada strongly encouraged parties in Delgamuukw-Gisday'wa [del-gam-OOK gis-day-away] to pursue good faith negotiations regarding Aboriginal rights, this MOU breathes life into that decision by marking an important step in our shared work to implement Wet'suwet'en rights and title.
• This MOU establishes a path forward for discussions towards substantive agreements, which would describe future governance and the implementation of Wet'suwet'en rights and title. The MOU does not create, modify or implement rights and title, but does reflect a shared commitment to negotiate substantive agreements.
• Any such agreements, once reached, would be taken back to all Wet'suwet'en people for approval through a process that must clearly demonstrate the consent of the members of the nation. The parties will be discussing the appropriate approaches to ratification.

If pressed

• Next steps will include:
  • further and ongoing engagement by the Wet'suwet'en with their house groups - including the elected chiefs of the Wet'suwet'en Nation, their community members and others;
  • Development of a community engagement plan to inform third parties and the public on the status of the negotiations, and provide them with opportunities to express their views on how their specific interests might be addressed; and
  • Canada will consult neighboring Indigenous Groups that have shared territories with Wet'suwet'en.
• Walking the path of reconciliation means working together and having these complex - and sometimes difficult - discussions as we do the work of implementing Indigenous rights in the true spirit of respect, cooperation and partnership.

If Pressed - why going ahead when there is opposition from the elected Chiefs and other community members?

• It was the hereditary chiefs who took the case of the rights and title of the Wet'suwet'en Nation to the Supreme Court of Canada.
• Now, the Wet'suwet'en nation: elected representatives, hereditary Chiefs, and community members should work together to design their governance, with the support of Canada and BC.
• We need to provide the space for the internal conversations that are going on right now between the elected and hereditary leadership and will continue throughout the process to help inform negotiations.
• We look forward to the work ahead as all three governments work together to implement rights and title of the Wet'suwet'en Nation.

Pipeline

• Our discussions in Smithers with the Wet'suwet'en Hereditary Chiefs and the BC government focused on two distinct issues - Wet'suwet'en rights and title and issues arising out of the CGL pipeline.
• The CGL pipeline remains entirely within provincial jurisdiction and I would refer you to comments made by the BC Government with respect to that project.

EDC - Coastal Gaslink

• As a financially self-sustaining Crown corporation, Export and Development Canada operates at arm's length from the Government.
• This means that EDC's participation in certain projects is at arm's length from policy makers and without taxpayers' money.
• We expect EDC to be fully transparent and accountable for their transactions and also ensuring it continues to meet the evolving needs of Canada's exporters and upholds the values that Canadians expect which includes corporate social responsibility, environmental sustainability, and reconciliation with Indigenous Peoples.
• The Government of Canada remains confident that EDC, as an arm's length organization, provides its services upholding these values.

Key Messages

• June 2, 2020 marked the 5-year anniversary of the release of the Truth and Reconciliation Commission's 94 Calls to Action.
• The Calls to Action provides the opportunity for all Canadians to contribute to the ongoing journey towards reconciliation.
• Over the past five years, significant progress has been made to implement the Calls to Action and renew the relationship with Indigenous Peoples, based on recognition of rights, respect, cooperation and partnership.
• To date, close to 80 per cent of the 76 Calls to Action under federal responsibility alone or shared responsibility between provinces and territories and other key parties, are complete or well underway.
• Six Calls to Action that are well underway are within the purview of the department and could be implemented within a 1-2 year timeframe. Those are:
  • Work with plaintiffs not included in the Indian Residential Schools Settlement Agreement to settle disputes that will require both financial authorities and legislation (CTA #29);
  • Legislation and multi-year funding to establish the National Council for Reconciliation (CTA #53-54);
  • Resources to the National Centre for Truth & Reconciliation to establish the National Residential School Student Register (CTA #72);
  • Establishing and maintaining an online registry of residential school cemeteries, which will require financial authorities (CTA #73); and
  • Adopting strategies and principles for documenting, maintaining, commemorating and protecting residential school cemeteries, which will require both financial and policy authorities (CTA #76).
• Twelve Calls to Action are now complete. Of those, five were completed in 2019:
  • In April 2019, the Government announced funding for the Canadian Museums Association in response to Call to Action 67.
  • In June 2019, the Government adopted the Act respecting First Nations, Inuit and Métis children, youth and families and the Indigenous Languages Act, in response to Calls to Action 4 and 14, respectively.
  • Also in June 2019, An Act respecting Indigenous Languages, previously known as Bill C-91, received Royal Assent, in response to Call to Action 13, and
  • The Commission of the National Inquiry into Missing and Murdered Indigenous Women and Girls delivered its final report entitled, "Reclaiming Power and Place", on June 3, 2019, in response to Call to Action 41.
• With respect to the National Inquiry into Missing and Murdered Indigenous Women and Girls, although this Call is now considered complete, we have been responsive to the Calls to Justice and we are developing a truly national, not federal, action plan.
• As called for in the Final Report of the National Inquiry into Missing and Murdered Indigenous Woman and Girls, we are working together on a distinctions basis with Indigenous partners, with family members and survivors, and all of our provincial and territorial partners on the co-development of a National Action Plan.
• This plan will set a clear roadmap to end the systemic causes of violence against Indigenous women, girls, and LGBTQ and Two-Spirit people.
• This work continues, but it is clear that the grassroots who are essential to developing this plan are also on the frontlines of Covid-19.
• As part of that commitment, we are investing $50 million to support shelter and sexual assault centers for women and children fleeing violence, which includes targeted funding for facilities serving Indigenous communities.
• Implementing the Calls to Action requires time, investments, partnerships, and in many cases policy and/or legislative changes. Our Government is committed to continuing its efforts on implementing the Calls to Action.

If pressed on Missing and Murdered Indigenous Women and Girls

• Call to Action 41 calls upon the federal government, in consultations with Indigenous partners, to appoint a public inquiry into missing and murdered Indigenous women and girls.
• In response to this call, the Government launched the National Inquiry into Missing and Murdered Indigenous Women and Girls in September 2016.
• On June 3, 2019, the Commissioners of the National Inquiry into Missing and Murdered Indigenous Women and Girls released their final report, Reclaiming Power and Place, completing Call to Action 41.
• The Government of Canada has since engaged with Indigenous partners on the development of an national action plan to address the Calls to Justice.
• We have heard from Indigenous organizations that rates of gender-based violence have increased for Indigenous women and children during COVID-19. This is why we are continuing to move forward with programs aimed at addressing the root causes of violence as identified in the final report.

Background

• As agreed to by the parties of the Indian Residential Schools Settlement Agreement, the Truth and Reconciliation Commission was established on June 1, 2008 with the objective of documenting the history and lasting impacts of the Indian Residential Schools on Indigenous students and their families. It provided residential school survivors an opportunity to share their experiences during public and private meetings held across the country.
• In June 2015, the Commission released an Executive Summary of its findings along with 94 Calls to Action regarding reconciliation between Canadians and Indigenous peoples. The Commission formally concluded in December 2015 with the publication of its final report. The National Centre for Truth and Reconciliation, which opened at the University of Manitoba in November 2015, is an archival repository home to the research, documents, and testimony collected during the course of the Commission's operation.
• The Calls to Action were grouped into two categories, namely Legacy and Reconciliation. The Legacy section of the Calls to Action focused on redressing the harms resulting from the Indian residential schools and pertain primarily to Child Welfare, Education, Language and Culture, Health, and Justice. The Reconciliation section of the Calls to Action were focused on creating better relations between the federal and provincial governments of Canada and Indigenous nations, with an emphasis on creating a new relationship.
• During the Commission's closing event, the Prime Minister committed to implementing the Commission's Calls to Action and reiterated the Government's commitment to "a renewed relationship with Indigenous Peoples based on the recognition of rights, respect, co-operation, and partnership."
• The Calls to Action provide Canada with a roadmap to advancing reconciliation. A total of 76 Calls fall under the responsibility of the federal government alone or shared responsibility between the federal government, provinces/territories and other key parties.
• Canada has adopted a distinctions-based, whole-of-government approach to implementing those 76 Calls to Action. It is a collective commitment involving 13 lead federal departments and agencies, with the support of another 25 federal departments and agencies.
• Given the scope of the task and the wide range of partners involved, implementation requires time, continued substantial investments, sustained partnerships, and in many cases legislative changes.
• On May 3, 2018, the Government of Canada launched the web page, Delivering on Truth and Reconciliation Commission Calls to Action, in which Canadians can monitor how Canada is responding to the Calls to Action. The web page is updated on a regular basis and a new publication is expected over the summer.
• June 2nd marked the fifth anniversary of the release of the Truth and Reconciliation Commission's Calls to Action. This was an opportunity for the Government of Canada to recommit to honour and support Indigenous Peoples on the journey of reconciliation.

Key Messages

• Our government is renewing the relationship with Indigenous peoples based on the affirmation of rights, respect, cooperation, and partnership.
• When Indigenous women are empowered, their families, communities, and all of Canada benefit.
• This is why we signed the Canada-Native Women's Association of Canada Accord in February 2019, which establishes a mechanism to ensure the voices of Indigenous women are heard and reflected.
• We also provided $7.3 million over three years to support the Accord to ensure that the perspectives of Indigenous women are included in policy and program development.
• In addition, in 2019-20, NWAC received core funding of $1 million plus $2.1 million in enhanced funding for a total of $3.1M in operational support.
• NWAC has also received project funding from the Consultation and Policy Development budget: $411,280 in 2019-20 as well as $295,288 for Missing and Murdered Indigenous Women and Girls engagement.
• We will continue to work in partnership with NWAC to make progress on issues important to Indigenous women.

Background

NWAC is a national non-profit Indigenous organization representing the political voice of Indigenous women throughout Canada. Incorporated in 1974, NWAC works to advance the well-being and equality of women through advocacy, education, research and policy. An aggregate of 12 Indigenous women's organizations across the country, NWAC was founded on the collective goal to enhance, promote, and foster the social, economic, cultural and political well-being of Indigenous women within their respective communities and Canadian societies.

NWAC works on a variety of issues such as environment, employment and labour, health, violence prevention and safety, human rights, and international affairs. CIRNAC has a collaborative and effective working relationship with NWAC on many key federal priorities including Descheneaux (Bill S-3) and pre-Inquiry work on Missing and Murdered Indigenous Women and Girls.

While NWAC is not part of the Permanent Bilateral Mechanism, they play a crucial role in ensuring that the unique needs and interests of Indigenous women are considered in the co-development of all policy, program and legislative initiatives. The importance of their role in furthering the reconciliation and the feminist government agendas was underlined by the Prime Minister at the January 2017 meeting with the organization. CIRNAC, on behalf of the federal government finalized an Accord setting out a process for collaboration and co-development of shared priorities. The Accord was signed on February 1, 2019, and provided funding of $7.3 million over three years. In 2019-20, NWAC received core funding of $1 million plus $2.1 million in enhanced funding for a total of $3.1 million in "core and core-like" funding.

In addition, the NWAC received project funding from the Consultation and Policy Development budget: 411,280 in 2019-20 as well as $295,288 for Missing and Murdered Indigenous Women and Girls engagement.

Key Messages

• Our Government is committed to preserving the history of the Indian Residential Schools Settlement Agreement.
• Canada is already taking steps to comply with Justice Perell's direction to file a proposal outlining the transfer of non-claim records held by the Indian Residential Schools Adjudication Secretariat to the National Centre for Truth and Reconciliation.
• The records pertain to the operations, management, and oversight of the Independent Assessment Process.
• As a result of COVID-19, Canada has sought an extension of the June 30, 2020 deadline to file the proposal with the court.

If pressed on survivors' documents

• Canada recognizes the importance of preserving a record of the legacy of Indian Residential Schools for survivors, their families, and future generations, while protecting and respecting former students' privacy.
• Canada supports the decisions of claimants who elect to preserve their histories with the National Centre for Truth and Reconciliation, but that decision must be the survivors and theirs alone.
• Canada fully supports the court's direction to the Chief Adjudicator to provide notice to Independent Assessment Process claimants that they can preserve their records with the National Truth and Reconciliation Commission, should they wish.

If pressed on the appeal on the litigation

• Canada has already begun to take steps to comply with Justice Perell's direction with respect to the "non-claim records".
• The National Centre for Truth and Reconciliation's appeal of Justice Perell's decision is limited to the issue of 'static records'.
• Canada's position in the appeal will focus on ensuring that the privacy of the Independent Assessment Process claimants is protected.
• Canada's is committed to protecting the privacy of survivors and is concerned the release of static documents could result in a breech.

Background

The Request for Direction was filed by the Chief Adjudicator to seek direction on the disposition to the National Centre for Truth and Reconciliation of the non-claim records held by the Indian Residential Schools Adjudication Secretariat pertaining to the operations, management, and oversight of the IAP. He seeks direction on certain discrete categories of records to which special considerations may apply and approval of his Proposal for Disposition of Non-Claim Records. The records include statistical reports (from SADRE), the records and in camera minutes of Chief Adjudicator's Reference Group (CARG) and IAP Oversight Committee, the Chief Adjudicator's Report to Supervising Courts, and Complaint Records.

On January 20, 2020, Justice Perell dismissed the RFD and directed Canada to file an RFD by June 30, 2020, with a proposal for archiving copies of non-claim records with the NCTR. The NCTR has appealed the decision.

As a result of COVID-19, Canada has requested an extension from the court to undertake consultations and complete the proposal for the transfer of documents to the NCTR.

Key Messages

• Our priority is to ensure that everyone in Canada is safe and that communities are able to fight Covid-19. This means working closely with Modern Treaty and Self-Governing Indigenous Governments during the pandemic.
• The Indigenous Community Support Fund provides almost $20 million to Modern Treaty and Self-Governing Indigenous Nations.
• Members of these Nations are also be eligible for support programs available to all Canadians, such as the Emergency Response Benefit and the increase to the Canada Child Benefit.
• By working in partnership, we will continue to ensure that they have the resources they need to keep their communities safe.

Key Messages

• Our Government is working towards righting past wrongs, especially those involving Indigenous children, outside of the courts.
• We remain committed to negotiating a resolution outside of the courts, as we believe that negotiation is always preferable to litigation.
• We know that working collaboratively with Indigenous peoples to renew the relationship based on affirmation of rights, respect, co-operation and partnership is fundamental to achieving reconciliation.

Key Messages

• Canada has complied with all court orders regarding Independent Assessment Process documents for St. Anne's Indian Residential School.
• The courts, including Justice Perell, have upheld Canada's actions regarding document disclosure since 2015, even saying that "the evidence shows that Canada has kept and continues to keep its promise".
• 96% of all claimants from St. Anne's Residential School have received compensation. Individual survivors of St. Anne's were awarded compensation commensurate with survivors of other Indian Residential Schools.
• Canada remains committed to doing what is right for survivors and their healing journeys.

Key Messages

• The spirit and intent of the Indigenous Peoples Space has always been that it must remain First Nations, Inuit and Métis led.
• We have been working in the true spirit of reconciliation - all decisions around the space are taken as a group between partners, and we look forward to continuing this work together.
• Prior to COVID-19, we were working on the short-term use plan of the Indigenous Peoples' Space while the longer-term design is completed.
• Our commitment remains while our current focus is ensuring Indigenous communities are prepared for the pandemic.