INAN appearance on COVID-19 second wave Crown-Indigenous Relations and Northern Affairs Canada - October 27, 2020

Logistics

Date: Tuesday, October 27, 2020
Time: 6:30 p.m. to 8:30 p.m.
Location: Videoconference (Zoom)
Subject: COVID-19 Second Wave

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

• Christiane Fox, Deputy Minister
• Valerie Gideon, Associate Deputy Minister
• Tom Wong, Chief Medical Officer of Public Health, First Nations and Inuit Health Branch
• Philippe Thompson, Chief Finances, Results and Delivery Officer
• Mary-Luisa Kapelus, Assistant Deputy Minister of Education, Social Development Programs and Partnerships Sector
• Kelley Blanchette, Assistant Deputy Minister of Land and Economic Development

Supporting Witnesses from Crown-Indigenous Relations and Northern Affairs Canada

• Daniel Quan-Watson, Deputy Minister
• Martin Reiher, Assistant Deputy Minister, Resolution and Partnerships
• Annie Boudreau, Acting/Senior Assistant Deputy Minister, Policy and Strategic Direction Sector
• Joe Wild, Senior Assistant Deputy Minister, Treaties and Aboriginal Government
• Serge Beaudoin, Assistant Deputy Minister, Northern Affairs Organization

Context

This will be the first of four meetings by INAN on their study COVID Second Wave, as per the following motion:

That, pursuant to Standing Order 108(2), the committee undertake a study of the opportunities to: support Indigenous communities, businesses, and individuals through a second wave of COVID-19; facilitate Indigenous communities reopening in a safe and responsible manner; build resiliency with an equitable and sustainable economic recovery plan; that the scope of the study take into consideration First Nation, Inuit and Métis communities and individuals, including those living off reserve and in urban centres; health, including mental health supports, supports for Indigenous organizations, businesses, and communities, that the committee also study measures undertaken so far through partnership between Indigenous communities and the Government of Canada as well as further opportunities for partnership during the COVID-19 pandemic and in the recovery phase; that evidence collected and received during the committee's study on the Government's Response to the COVID-19 Pandemic from the 1st session of the 43rd Parliament be taken into consideration and used as evidence for this study and subsequent report to the House, that the committee report its findings and recommendations to the House; and that, pursuant to Standing Order 109, the committee request that the Government table a comprehensive response to the report.

Ministers will appear for the first hour of the meeting and will be supported by Deputy Ministers. Remarks will be delivered in the following order: Minister Miller, Minister Bennett, and Minister Vandal. Officials from both departments will stay on for the second hour to respond to additional questions from committee members.

If pressed on the Arctic and Northern Policy Framework

• "Fast, reliable, and affordable broadband for all" is one of the objectives of the Arctic and Northern Policy Framework.
• Implementation of the Framework will focus on the co-development of national and regional governance approaches and on plans to implement and make progress on the Framework goals and objectives.
• The collaboration established through the Arctic and Northern Policy Framework is supporting our recovery from the COVID-19 pandemic.

Background

The North has long-faced connectivity issues. Many communities still have slow internet connections and no cell phone service, and priority within networks must be kept for vital services such as telehealth. COVID-19 has increased the impact of the connectivity gap the North faces: In Nunavut, teachers were asked to print and disseminate lessons to primary school students because online schooling is not an option. Many people are unable to work from home, and where they can, are unable to do so to the full extent as those in the South. Northwest Territories Liberal MP Michael McLeod, for example, has had difficulties connecting to virtual Parliamentary meetings. Without adequate Internet, Northerners are unable to come together with family, friends or as a community, small businesses are not supported, and they do not have the same access to timely information.

The main department responsible for funding improvements in connectivity in the North is Innovation, Science and Economic Development Canada, but others include Infrastructure Canada, the Canada Infrastructure Bank, and Indigenous Services Canada. Key Innovation, Science and Economic Development Canada programs are:

• Universal Broadband Fund – In Budget 2019, the government set a national target for 95 per cent of Canadian homes and businesses to have access to speeds of at least 50/10 Megabits per second (Mbps) by 2026 and 100 per cent by 2030, including in the North.
• Connect to Innovate – Announced in Budget 2016, Connect to Innovate is primarily focused on the construction of new backbone infrastructure (digital highways that move large amounts of data in and out of communities at high speeds) to connect institutions like schools, hospitals, First Nation band offices and libraries, and to improve residential and business Internet services. It is anticipated that many CTI projects will be completed and start coming online in 2020.
• CRTC Broadband Fund – In 2016, the CRTC established a fund of up to $750 million to help achieve universal access at speeds of 50/10 Mbps, as well as mobile coverage along major roads. The CRTC's fund is sourced from a levy on telecommunications service providers' revenues.
• Telesat LEO Satellites – The government has partnered with Telesat and invested up to $600 million to secure Low Earth Orbit satellite capacity over Canada to reach the most remote communities. These satellites will provide high-bandwith, low-latency broadband internet coverage to rural and remote regions of Canada, including the North.

Background

The Government of Canada is taking decisive action to help Canadians facing hardship because of COVID-19. This includes working closely and proactively with provincial, territorial and Indigenous governments to meet the unique needs of Indigenous and Northern communities, which are among the most vulnerable to COVID-19. On April 14th, the Prime Minister announced $130 million in targeted Northern funding to address immediate health, economic, and transportation needs identified by territorial Premiers in correspondence in mid-March.

The Government of Canada will continue to work with territorial and provincial governments and other partners to explore short-to medium term options to address other needs directly related to the COVID-19 pandemic and economic recovery.

COVID-19 Funding for Northern Ontario

• The Government of Canada recognizes that First Nation, Inuit and Métis are among the most at risk and face unique challenges in addressing COVID-19. During the COVID-19 crisis, the health and wellbeing of First Nation, Inuit, and Metis has been and will remain a primary focus.
• On August 25, 2020, the Government of Canada announced $10.6 million in funding for surge capacity and the adaptation of existing mental wellness services to address COVID-19-related mental wellness needs in Ontario First Nations. Of that amount, almost $4 million is being provided to Nishnawbe Aski Nation communities.
• On August 26, 2020, the Government of Canada announced $2 billion to provinces and territories through the Safe Return to Class Fund. An additional $112 million will support First Nations in implementing community measures to ensure a safe return to school on reserves, including instructional services, such as additional teachers and technology supports, and infrastructure upgrades, such as school retrofitting and the purchase of cleaning materials. Approximately $12.3 million out of the $22 million allocated to Ontario for the Safe Return to Class Fund has been provided to First Nation-operated schools in Nishnawbe Aski Nation territory and an additional $1 million out of $2.3 million available to Ontario First Nations for minor capital infrastructure needs.
• ISC's Ontario Region has provided direct funding allocations for COVID-19-related personal protective equipment and cleaning supplies for schools, totaling $3.8 million of $6.4 million in new funding for students and school employees in Nishnawbe Aski Nation territory.

Supplementary Estimates (A)

• 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 for COVID-19 response measures in Yukon, the Northwest Territories and Nunavut.
• This included $72.6 million 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.

Background

The Government of Canada is taking decisive action to help Canadians facing hardship because of COVID-19. This includes working closely and proactively with provincial, territorial and Indigenous governments to meet the unique needs of Indigenous and Northern communities, which are among the most vulnerable to COVID-19. On April 14th, the Prime Minister announced $130 million in targeted Northern funding to address immediate health, economic, and transportation needs identified by territorial Premiers in correspondence in mid-March.

Background

The Government of Canada is working closely and proactively with provincial, territorial and Indigenous governments to meet the unique needs of Indigenous and Northern communities, which are among the most vulnerable to COVID-19. On April 14th, the Prime Minister announced $130 million in targeted Northern funding to address immediate health, economic, and transportation needs identified by territorial Premiers in correspondence in mid-March.

The new statutory funding related to COVID-19 response measures under the responsibility of Minister Vandal includes 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 to enable the continuation of northern air services supporting essential resupply and medical services in the North.

This initial funding was not enough to facilitate the continuation of northern air services for more than three months. To remedy this, in August additional funding was announced to continue northern airline support with $75 million dollars for six months into the future and up to $174 million dollars for an additional 18 months if required.

The Government of Canada continues to work closely with territorial and provincial governments, in addition to industry representatives, to fully understand the impacts of COVID-19 and the nature of government support required to ensure the viability of critical air transportation service providers that serve remote communities over the medium-term.

Supplementary Estimates (A)

• The 2020-21 Supplementary Estimates (A) provided a one-time financial injection of $25M to the Nutrition North Canada subsidy program. This was 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, 2020, 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.

Background

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

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

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

To face the COVID-19 pandemic, the Government announced a one-time financial injection of $25 million in order to increase Nutrition North Canada's subsidy rates on nutritious food and essential items. The targeted/highest subsidy level has been increased by 50cents/kg, and the higher subsidy level has been increased by $1/kg. By providing an additional subsidy on a broad range of items, residents of isolated communities will be better able to afford to feed and protect themselves and their families. These changes are temporary measures to assist residents of isolated northern communities during this challenging period. This decision will extend until March 31, 2021.

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

Background

On April 14th, the Prime Minister announced $130 million in targeted Northern funding.

Part of this funding includes the transfer $72.6 million directly to the governments of Yukon ($18.4 million), Northwest Territories ($23.4 million), and Nunavut ($30.8 million) to support COVID-19 preparations and responses related to health and social services. This funding builds on the $500 million already announced for provincial and territorial governments through the Canada Health Transfer (CHT) and will enable territorial governments to address their respective critical priorities as they see fit to minimize the spread of the virus.

The Government of Canada will continue to work with territorial and provincial governments and other partners to explore short-to medium term options to address other needs directly related to the COVID-19 pandemic and economic recovery.

Background

In recognition of the hardships currently faced by the territorial business community, the Canadian Northern Economic Development Agency (CanNor) will be immediately making available $15 million in funding towards direct support for ongoing operating costs incurred by territorial small- and medium-sized businesses, in order to help them continue to play their vital role in Northern communities. This relief funding for territorial businesses complements the suite of relief measures implemented by the Government of Canada to address the impacts of the COVID-19 pandemic on the Canadian economy. CanNor is working to provide this relief funding as quickly as possible to the businesses that need it the most. Further details will become available in the coming days once the program fully rolls out.

Inuit Housing and COVID-19

• We recognize that many Inuit communities face unique challenges including poor housing conditions and long-standing health and economic inequities that can contribute to the increased risk and spread of COVID-19, as compared to other Canadians.
• We anticipate that housing projects may experience delays and challenges due to access to critical trades and services.
• We are working with Indigenous partners, following the delivery of funding under the Indigenous Community Support Fund, to support important community-led initiatives to ensure Indigenous communities have the support they need during this critical time.

Background

CIRNAC has worked in partnership with Inuit Tapiriit Kanatami, Inuit land claim governments and organizations, Canada Mortgage and Housing Corporation (CMHC) and Employment and Social Development Canada to develop the Inuit Nunangat Housing Strategy, which was made public on April 4, 2019. The Strategy is premised on self-determination with Inuit recipients holding the responsibility, decision making powers and capacity to meet housing needs at the regional level. Budget 2018 allocated $400 million over 10 years to support Inuit-led housing in the Inuit regions of Nunavik, Nunatsiavut and Inuvialuit, with an additional $289.6 million over 10 years for Nunavut from Budget 2017 through CMHC to the Government of Nunavut.

Examples of Inuit housing projects through direct CIRNAC investments:

• Nunatsiavut Government (Labrador)
  • Multi-unit complexes have been constructed to provide a home for parent(s) whose children may have otherwise been taken into care without the provision of adequate housing. This innovative approach to the issues of children in care will maintain the family unit, keep children connected to their community and culture and prevent children from coming into care through Department of Child, Seniors and Social Development. The long-term outcomes therefore include new housing in Nain and Hopedale where housing needs are greatest, a reduced number of children in care and support for parents to provide a stable, healthy home environment within their community and culture.
• Inuvialuit Regional Corporation (NWT)
  • In Inuvik, design work and planning is currently underway for the development of 27,000 square foot, 17 unit apartment building to provide affordable rental units to Inuvialuit in Inuvik. The project is expected to be completed in 2021 at a cost of $12.5M.
• Makivik Corporation (Nunavik, QC)
  • A new allocation of 54 units to be constructed for delivery in 2020 was made on September 12th, 2019 during a meeting held in Kuujjuaq. (Since 2016, 240 units have been constructed and delivered through Budgets 2016 and 2018 funding - $25M annually).

If pressed on expansion of flow-through share flexibility

• On July 10, 2020, the Government of Canada announced it would extend the timelines by 12 months for spending the capital that junior mineral exploration companies raise via flow-through shares.
• This means that exploration companies with operations impacted by the COVID-19 pandemic will have additional time to incur eligible expenses, which will allow them to safely plan when to best continue operations and to avoid costs from not meeting original flow-through share timelines.

If pressed on expansion of wage subsidy

• When the Act respecting further COVID-19 measures, previously Bill C-20, received Royal Assent on July 27, 2020, it broadened and better targeted the Canadian Emergency Wage Subsidy by:
  • expanding eligibility requirements for companies that can participate in the program;
  • providing a gradually decreasing base subsidy to all employers that are experiencing a decline in revenues, including those with less than a 30% revenue loss; and
  • extending the length of the program until November 21, 2020, with the ability to extend it further until December 31, 2020.
• This Act also puts forward a 25% top-up increased subsidy on the previous scale, particularly for companies with revenue reduction beyond 50%.

If pressed on expansion of rent relief

• On August 10, 2020, the Government of Canada amended the Nunavut Mining Regulations to waive for one year the payment of annual rent on mineral leases due from March 13, 2020 to March 12, 2021.
• Any rent that was paid before the amendment came into force is waived in the following year.
• The time limit for any unpaid rent due between March 13, 2020, and October 29, 2020, is also extended by ministerial Order by up to six months, to October 30, 2020, to prevent default due to the pandemic and allow time to request rent relief.

If pressed on expansion of online acquisition of mineral claims for Nunavut

• On November 1, 2020, the Regulations amending the Nunavut Mining Regulations to implement online acquisition of mineral claims for Nunavut will come into force, beginning a 90-day transitional period.
• When implemented in February 2021, it will lower the cost of entry since physical staking of mineral claims is no longer required.
• It will also improve accessibility and decrease the time it takes to acquire mineral tenure in Nunavut.

Background

Mining is the foundation of the economy in northern Canada, with operating mines and exploration in all regions and territories. The current COVID-19 crisis is severely affecting the northern mining sector, including the employment of over 1000 local Inuit employees.

The mining sector is made up of three distinct sub-sectors with different structures. The largest sector is the operating mines. These have largely continued to function but with significant operational changes to allow for the application of COVID-19 health and safety measures. The supply sector relies on major mines and has been affected in the same manner as the operating mines. Lastly, the exploration sector has largely ceased its operations due to the pandemic and travel related constraints.

Due to the COVID-19 pandemic and stay-at-home measures, the northern minerals industry is facing numerous immediate and mounting pressures that could affect its viability and security of mineral titles. The upcoming summer field work season is on hold due to the requirement for physical distancing and travel restrictions for non-residents.

If pressed on Funding for the Canadian High Arctic Research Station project

• Supplementary Estimates (B) includes $2.4 million for the Canadian High Arctic Research Station project from unused funds in 2019-20.
• The funds will be used for project close out activities such as the Inuit Benefits Plan, the Substantial Completion holdback, correcting minor deficiencies and for invoices including consultant fees.
• The Canadian High Arctic Research Station is currently being built and will become the headquarters of Polar Knowledge Canada, which is responsible for advancing Canada's knowledge of the Arctic and strengthening Canadian leadership in polar science and technology.

If pressed on Funding for Federal Contaminated Sites Action Plan (North) – Phase III

• Supplementary Estimates (B) includes $10.9 million for the Funding for Federal Contaminated Sites Action Plan (North) – Phase III from unused funds in 2019-20.
• This funding will address the government's priority to protect the health and environment of Canadians by minimizing threats from pollution.
• The Northern Contaminated Sites Program focuses on abandoned mines and military sites in the three northern territories.

If pressed on Funding to support research and higher education in Canada's North

• Supplementary Estimates (B) seeks to re-profile $94,000 to support research and higher education in Canada's North.
• The re-profiled funds support the suite of Post-Secondary Education initiatives – specifically, the task force on post-secondary education in the North that we have launched today and the Dechinta Centre for Research.
• The Task Force will build on reports and findings already completed by Northern and Arctic stakeholders to provide recommendations on how best to close the post-secondary education gap.

Background

The 2020-21 Supplementary Estimates (B) include key initiatives and new funding totaling approximately $936 million, comprised of $138 million in funding for new initiatives; reprofiles totaling $790 million; and $8 million of net transfers with other government departments. Breakdown per vote is as follows:

• $109.9 million in Vote 1
• $2.4 million in Vote 5
• $822.2 million in Vote 10
• $1.5 million in statutory funding

Of the $936 million, $926.6 million is for Crown-Indigenous Relations and $11.7 million is for Northern Affairs, offset by a $2.3 million decrease in internal services.

The total budgetary authorities in 2020-21 will be approximately $6.7 billion.

Supplementary Estimates (B) includes $2.4 million for the Canadian High Arctic Research Station project from unused funds in 2019-20. The construction is nearly completed and the funds will be used for project close out activities such as correcting minor deficiencies and for invoices including Consultant fees, the Substantial Completion holdback, and the Inuit Benefits Plan.

The Canadian High Arctic Research Station is a major crown project being built in Cambridge Bay, Nunavut. As per the requirement of the Canadian High Arctic Research Station Act (s.25), this facility will become the headquarters of Polar Knowledge Canada, which is responsible for advancing Canada's knowledge of the Arctic and strengthening Canadian leadership in polar science and technology. The organization currently operates the campus facilities.

Background

• The First Nations Fiscal Management Act is opt-in First Nations-led legislation designed to enable First Nation governments to exercise jurisdiction over core government financial management functions and property taxation. This includes providing a mechanism for First Nations to secure financing for infrastructure, economic and community development directly from capital markets through the First Nations Finance Authority. To date, 302 First Nations have been scheduled to the Act.
• The Act established the First Nations Financial Management Board, the First Nations Tax Commission and the First Nations Finance Authority to maintain and oversee the regime.
• The First Nations Financial Management Board is a shared-governance corporation that assists First Nations in strengthening local financial management regimes including the development of Financial Administration Laws, provides independent certification of First Nations' financial performance and systems and manage intervention mechanisms.
• The First Nations Tax Commission is a shared-governance corporation that administers the property taxation regime under the FNFMA, including approving tax rates, revenue bylaws, building First Nations' capacity and reconciling First Nation governments' and taxpayers' interests. It also carries out advisory functions in support of the Minister's powers under section 83 of the Indian Act pursuant to a Memorandum of Understanding.
• The First Nations Finance Authority is a non-profit corporation that enables First Nations to raise long-term private capital at preferred rates through the issuance of bonds, and provides investment services to First Nations and First Nation organizations.

COVID Funding

• To support First Nations, Inuit and Métis communities in responding to their unique needs during this time, the Government of Canada has directly invested $685 million through the Indigenous Community Support Fund.
• This funding has given communities the ability to respond to the 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.
• 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, to solicit ideas on how to best support Indigenous women at this time and hear about organizations' work.

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

If pressed

• We are continuing to work with our partners to develop the National Action Plan and ensure that it has indicators and measurements which will allow the plan to be accountable for results and evolve over time.
• We are grateful for the work of all partners to date. We recognize the work that remains ahead, and we are committed to redoubling our efforts to make sure we get this right for survivors, families and communities across this country.
• We will not let them down.

If pressed further

• Indigenous peoples are taking leadership in developing the National Action Plan.
• A Core Working Group has been established and will bring together all key partners to coordinate the development of the National Action Plan.
• The federal government continues to work in collaboration with provincial and territorial governments, the National Family and Survivors Circle, and with a Core Working Group that includes membership from First Nations, Inuit, and Métis representatives, urban Indigenous, and 2SLGBTQQIA people to develop specific components of the National Action Plan.
• Guided by families, survivors and grassroots community groups, the National Action Plan will respond to this national tragedy in an progressive, accountable and enduring manner.
• The Action Plan will represent the diverse regional perspectives and needs of communities across Canada and ensure the spirits and voices of all involved are honoured.

If pressed on investments since forming government

• We have been working since 2015 to address systemic issues that have contributed to this tragedy. Our shared work continues.
• We have passed legislation to address the Child and Family Services System, preserve and protect Indigenous language and culture, toughen criminal law in cases of domestic assault, and eliminate gender discrimination under the Indian Act.
• We have made investments in education, housing, policing, and shelters.
• We are ensuring we get this right for survivors and families, to honour those lost, and to protect future generations.

Genocide

• The actions and policies of past Governments directly led to the loss and extinguishment of Indigenous languages, cultures and traditional practices.
• Our Government has accepted the final report of the National Inquiry and respects their conclusions.
• We are grateful for the work of all partners to date towards a National Action Plan to eliminate violence against Indigenous women, girls and Two Spirit and LGBTQQIA people.
• More needs to be done and we are redoubling our efforts to get this right for survivors, families and communities.

MMIWG – Funding for Indigenous-Led Engagement

• We are committed to working together with our Indigenous, provincial, and territorial partners on the development of the National Action Plan.
• This is why we are investing $30 million over five years to support Indigenous-led engagement throughout the development and implementation of the National Action Plan.
• We have already provided $3.8 million to national and regional Indigenous organizations to ensure that they are resourced to meaningfully participate in our combined efforts to improve the safety of Indigenous women, girls, and Two-Spirit and LGBTQQIA people.

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 shelters on reserve and in Yukon 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, Two-Spirit LGBTQQIA 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 off reserve.
• Through Budget 2019, $60 million was dedicated to providing safe and accessible spaces for urban Indigenous peoples to receive culturally relevant services.

Key Messages

• The Big Eagle proposed class action seeks compensation from the RCMP for the families and community members of murdered and missing Indigenous women and two-spirited individuals (Indigenous victims).
• The statement of claim contends that the RCMP is legally responsible for the outcomes of investigations into the disappearances or deaths of these Indigenous victims.
• A certification hearing was held in Federal Court between September 21 and 24, 2020, to determine whether the proposed claim ought to proceed as a class action.
• It may be several months before a decision is issued.

If asked specifically about the legal positions Canada argued at the certification hearing

Background

Diane Big Eagle is the mother of Danita Big Eagle who has been missing since February 2007. Diane Big Eagle filed an amended statement of claim against Canada on July 5, 2018, in which she claimed the following: an order certifying her claim as a class action; a declaration that the RCMP had breached various duties allegedly owed to her, families of murdered and missing women and girls, and the members of Bands from which the murdered and missing women and girls came; and a declaration that the RCMP had breached an alleged common law duty of care and sections 7, 15 and 24 of the Charter.

She also alleged that the RCMP breached the RCMP code of conduct; committed misfeasance in public office; conducted negligent police investigations; contravened the Quebec Charter of Human Rights and Freedoms; and committed genocide and crimes against humanity. She claims damages of $500 million and punitive damages of $100 million.

Canada's position is that the causes of actions raised by the plaintiff should not be certified as they are not supported in law and have no reasonable prospect of success. The law is settled that police officers' obligations are public and do not translate into private law duties with respect to specific individuals. If a suspect in a murder is not identified or convicted, or a missing person is not located, the law does not provide for compensation to families or communities.

On September 11, 2020, Canada responded to the plaintiff's demand for certification of the claim as a class action by filing a file memorandum of fact and law. The certification hearing commenced on September 21, 2020 and concluded on September 24, 2020. Canada opposed certification of the claim as a class action and requested that the motion for certification be dismissed without costs.

The Court reserved its decision and provided no indication of when a decision would be issued. It may be several months before a decision is issued.

If Pressed on The Recognition and Reconciliation of Rights Policy for Treaty Negotiations in British Columbia

• The Recognition and Reconciliation of Rights Policy for Treaty Negotiations in British Columbia was co-developed with the Province and First Nations in the British Columbia treaty process.
• This policy informs the treaty process and offers guidance on the recognition and implementation of rights, while supporting First Nations self-determination. It replaces the Comprehensive Land Claims and Inherent Right policies for those in the treaty process in British Columbia.
• Where there is interest, Canada is ready to discuss using the approaches found in the Recognition and Reconciliation of Rights Policy for Treaty Negotiations in British Columbia with negotiation partners elsewhere in the country.

Background

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

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

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

If pressed on the Impact of COVID-19 on Negotiations

• We understand that some delays may be caused due to the COVID-19 crisis. Canada will be working collaboratively with its Indigenous partners to identify a path forward when they are ready to resume discussions.

If pressed on Funding for the Sixties Scoop Settlement – Supplementary Estimates (B)

• Canada is working with our partners toward a fair and lasting resolution for all those affected by this dark chapter in Canadian history.
• The reprofiled $2.2 million will support the administration of the Sixties Scoop settlement and provide individual compensation to eligible class members.
• Some expenses that were anticipated to be spent before fiscal year-end were delayed due to COVID-19.
• The parties to the settlement and the claims administrator are working diligently to ensure that the remaining claims are processed as quickly as possible.

Suspension of some applications

• COVID-19 has meant that timelines to respond to incomplete applications have been suspended and validation of applications have been delayed.
• Even though the COVID-19 deadline suspension remains in place, the claim administrator is processing, and where possible, approving applications.
• 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.

Late Application of Individual in Federal Custody

• It has been brought to the parties' attention that an incomplete application was submitted after the filing deadline by a potential class member in federal custody.
• The parties to the settlement are looking into the unique circumstances surrounding this late application and are considering all options to resolve this matter.

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.

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.

In June 2020, the Federal Court and Ontario Superior Court of Justice issued separate orders approving interim payments of $21,000. Approximately 13,000 payments have been issued.

Deadlines for the settlement are still suspended as a result of COVID-19.

Background

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

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

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

Funding for Specific Claims Settlement Fund

• Our Government is committed to resolving specific claims in a fair and timely manner.
• Reprofiling unspent money in the Specific Claims Settlement Fund avoids lapsing funds and preserves them for their intended purpose.
• This is the way the fund was designed to work
• It ensures that Canada has the funds on hand to quickly provide compensation to First Nations as negotiated settlements or agreements are reached.
• Ensuring First Nations receive this compensation without further delay is essential to advance reconciliation.

Funding for the Sixties Scoop Settlement

• Canada is working with our partners toward a fair and lasting resolution for all those affected by this dark chapter in Canadian history.
• The reprofiled $2.2 million will support the administration of the Sixties Scoop settlement and provide individual compensation to eligible class members.
• Some expenses that were anticipated to be spent before fiscal year-end were delayed due to COVID-19.
• The parties to the settlement and the claims administrator are working diligently to ensure that the remaining claims are processed as quickly as possible.

Funding for a litigation settlement

• Canada is committed to working with Indigenous people to resolve historical grievances. We believe negotiation is always preferable to litigation.
• This $88.6 million will be used for an active litigation
• As this matter is before the courts, it would be inappropriate to comment further.

Funding to Support Recognition of Indigenous Rights and Self-Determination Tables

• Our government is making progress and having discussions with groups we never did before, focused on co-developing paths forward and advancing self-determination.
• We are involved in more than 150 negotiation tables with Indigenous groups to explore new ways of advancing reconciliation.
• Since 2015, almost 100 new negotiation tables have been established, helping to create co-developed and flexible solutions to address key priorities for Indigenous groups.

Funding for Interest Payment Relief for First Nations with Loans from the First Nations Finance Authority

• We know that First Nations communities are facing unique challenges in addressing COVID-19 and that is why our government provided $17.1 million so that First Nations with existing loans under the First Nations Finance Authority could receive interest payment relief.
• These investments have already begun to flow and are ensuring that communities do not default on their debts
• The First Nations can maintain its credit rating; and that communities can focus their limited available revenue to address the urgent health and safety needs of their members.

New Fiscal Policy Reforms co-developed by Canada and Self-Governing Indigenous

• Supplementary Estimates (B) provides $5.7 million of reprofiled funding to address the needs of the Self-Governing Indigenous Governments with the largest gaps not previously addressed by the Gap-funding allocation for Infrastructure projects.
• The Department also received funding from Indigenous Services Canada for health related programming and activities as well as Non-Insured Health Benefits.
• This was incorporated into Fiscal Financing Arrangements with self-governing Indigenous governments in order to provide Health Programs and Services funding and Non-Insured Health Benefits Enhancement funding to the Nisga'a Nation.

Funding for the Anishinabek Nation Governance Agreement

• The Anishinabek Nation and Canada are working together to lay the foundation for Anishinabek Nation First Nations in Ontario to move beyond the Indian Act toward self-government and chart their own path to a brighter future for their communities.
• The reprofiling of this funding will support the Anishinabek Nation to continue effective citizen and leadership engagement and consultation as it carries out votes in Anishinabek communities to ratify a landmark Governance Agreement.
• Once the Governance Agreement is ratified, Canada will recognize Anishinabek law-making powers and authority over how their First Nations are governed.

Funding to respond to the National Inquiry into Missing and Murdered Indigenous Women and Girls' Final Report: Reclaiming Power and Place

• Our hearts are with the survivors and the families of Missing and Murdered Indigenous Women, Girls, Two Spirit and gender diverse people.
• We are accelerating our work with our Indigenous, provincial, and territorial partners on the development of the National Action Plan.
• Our government already committed $30M over five years to support Indigenous-led engagement throughout the development and implementation of the National Action Plan.
• This additional $2.8 million in the Supplementary Estimates will support the longer-term organizational, policy and program capacity of national and regional Indigenous organizations and groups.

Funding for the Residential Schools Settlement Agreement

• This funding is dedicated to support a small group under the Agreement to complete any remaining claims, and to ensure Canada's legal obligations under the Settlement Agreement are met, the completion of which contributes to achieving a fair, comprehensive, and lasting resolution to the legacy of Indian Residential Schools.
• Crown-Indigenous Relations and Northern Affairs Canada has a responsibility to ensure Canada's legal obligations under the Settlement Agreement are met.
• The completion of this effort contributes to achieving a fair, comprehensive, and lasting resolution to the legacy of Indian Residential Schools.

Funding for Indigenous Peoples Space at 100 Wellington Street

• The spirit and intent of the Indigenous Peoples Space's has always been that it must remain First Nations, Inuit and Métis led.
• We are 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.
• We are working closely with Indigenous partners on reaching an agreement to move forward, and remain committed to the Indigenous Peoples Space initiative.

Funding to Advance Truth and Reconciliation Commission Calls to Action Supporting Missing Children and Unmarked Burials

• Supplementary Estimates (B) provides $3.4 million in new funding to advance implementation of the Truth and Reconciliation Calls to Action pertaining to Missing Children and Unmarked Burials.
• This funding will be used to support the National Centre for Truth and Reconciliation to complete their review of historical documents in their collections that may identify children who died while in attendance at residential schools and their burial places.
• It will also create a resource for families and communities to learn of what became of missing loved ones.

Funding for Indigenous Childhood Claims Litigation

• Supplementary Estimates (B) includes $0.9 million of reprofiled funding for the Indigenous Childhood Claims Litigation in order to support healing and commemoration activities and litigation related to historic harms committed against Indigenous children.
• The expenses that were anticipated to be spent before fiscal year-end were delayed due to COVID-19.
• This funding will support collaborative healing and commemoration activities with former Newfoundland and Labrador Residential Schools students and the Province, resolution activities and litigation obligations related to historical research, document production and experts.
• The Government is committed to resolving claims of this nature outside of the courts, whenever possible.

Background

The 2020-21 Supplementary Estimates (B) include key initiatives and new funding totaling approximately $936 million, comprised of $138 million in funding for new initiatives; reprofiles totaling $790 million; and $8 million of net transfers with other government departments. Breakdown per vote is as follows:

• $109.9 million in Vote 1
• $2.4 million in Vote 5
• $822.2 million in Vote 10
• $1.5 million in statutory funding

Of the $936 million, $926.6 million is for Crown-Indigenous Relations and $11.7 million is for Northern Affairs, offset by a $2.3 million decrease in internal services.

The total budgetary authorities in 2020-21 will be approximately $6.7 billion.

If pressed on the BC elections

• This past summer, we planned to conclude negotiations of an initial agreement by mid-October. The provincial election in British Columbia resulted in negotiations being suspended, so the parties will revisit the timeline for negotiations when they resume meeting.
• The current BC election process has impacted our timelines but the parties remain committed to continue to move forward once the election process is complete.
• While we have made a commitment to an accelerated process and have set deadlines to focus us to achieve our shared goal, the parties understand that we all need to be flexible in negotiating agreements and the timelines for achieving them, particularly in light of the continuing COVID pandemic.

If pressed on the exclusion of Wet'suwet'en Indian Act chiefs from the Memorandum of Understanding on Wet'suwet'en Rights and Title

• CIRNAC has a long standing relationship with the Wet'suwet'en Hereditary Chiefs, first in the BC treaty process and now under the Recognition of Indigenous Rights and Self-Determination process.
• In both processes, it is the Hereditary Chiefs that have come forward to represent Wet'suwet'en aboriginal rights and title interests.
• It was also the hereditary chiefs who took the case of Wet'suwet'en rights and title to the Supreme Court of Canada.
• It will be critical to build a broad understanding of, and support for, the agreements we are negotiating. The hereditary chiefs acknowledge that much work is needed to build that consensus – they describe it to us as part of "nation re-unification". This will require direct engagement between the hereditary and elected leaders of the Wet'suwet'en.
• 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.
• Negotiated agreements will ultimately be taken back to all Wet'suwet'en people through a ratification process that must clearly demonstrate their support.

Background

Wet'suwet'en Memorandum of Understanding

• Canada signed a tripartite Memorandum of Understanding (MOU) with the Province of British Columbia and the Wet'suwet'en hereditary chiefs on May 14th, 2020, which recognized that Wet'suwet'en rights and title are held by the Houses under their system of governance.
• The MOU committed Canada to negotiating a number of agreements to provide legal recognition that the Wet'suwet'en Houses are the Indigenous governing body holding the Wet'suwet'en Aboriginal rights and title, legal recognition of Wet'suwet'en title as a legal interest in land by Canada and BC, and the implementation of Wet'suwet'en jurisdiction.
• The signing of the MOU was criticized by several of the elected Chiefs of the five Indian Act bands because they were not included in the negotiation process nor referenced in the MOU.

Background

The 1999 Supreme Court of Canada Marshall decision confirmed that the Mi'kmaq, Wolastoqey (Maliseet), and Peskotomuhkati in Atlantic Canada have a treaty right to hunt, fish, gather and trade in pursuit of a "moderate livelihood" based on the 1760-61 Peace and Friendship Treaties. The Marshall decision impacts approximately 43,000 individuals, and 35 communities in Nova Scotia, New Brunswick, Prince Edward Island and the Gaspé region of Quebec. The courts encouraged parties to negotiate these rights.

In September 2020, tensions in southwest Nova Scotia between non-Indigenous and Mi'kmaq fishers escalated over Sipekne'katik's unilateral exercise of moderate livelihood lobster fisheries outside of the regulated season. Vandalism, threats, and intimidation towards Sipekne'katik fishers and their supporters ensued. In response and support, the Assembly of Nova Scotia Chiefs declared a State of Emergency.

The Mi'kmaq in Nova Scotia are organized as the Assembly of Nova Scotia Mi'kmaq Chiefs. The four Mi'kmaq communities not in section 35 negotiations are Sipekne'katik, Millbrook, Bear River, and Membertou who publically announced their withdrawal from section 35 negotiations and the Assembly of Nova Scotia Mi'kmaq Chiefs on October 28, 2020.

Canada, led by the Department of Fisheries and Oceans, is currently involved in discussions with Sipekne'katik First Nation and other various Nova Scotia communities on how to address the historic treaty right to fish for a "moderate livelihood". The parties are deliberating on how to proceed. Discussions with the other communities not involved in fisheries negotiations are also being pursued.

In an attempt to de-escalate rising tensions, on October 23, 2020 the Government of Canada appointed Allister Surette as the Federal Special Representative to help facilitate dialogue between Indigenous and non-Indigenous fish harvesters and help inform longer-term solutions around implementing the right to fish for a moderate livelihood.

Key Messages

• Our government is working to renew nation-to-nation relationships with Indigenous peoples based on the affirmation of rights, respect, cooperation and partnership.
• We are at more than 150 active negotiation tables, in more than 500 communities and involving nearly 900,000 Indigenous people, to support Indigenous peoples in realizing their vision of self-determination.
• We are committed to engaging with third parties and key stakeholders to ensure that they are informed and that their interests are represented as these critical negotiations progress.

If pressed on the concerns of third parties such as tourism operators within the Tŝilhqot'in declared title area

• Negotiations between the Tŝilhqot'in Nation, the Province of British Columbia and the Government of Canada are continuing. One of the issues being discussed is the relationship between the First Nation and non-Indigenous stakeholders within the declared title area.
• Canada recognizes that there is work to be done and is supportive of tripartite stakeholder engagement at appropriate times in the negotiation process.
• Canada remains committed to working with all parties to establish clarity and predictability for residents and tourism operators within the declared title area.

Background

Tŝilhqot'in declared title area

• On June 26th, 2014, the Supreme Court of Canada held that the Tŝilhqot'in Nation has Aboriginal title over approximately 1,750 square kilometers of British Columbia.
• A number of tourism operators and other third parties with interests within the declared title area have been affected by the court decision.
• The Gwets'en Nilt'I Pathway Agreement signed by Canada, the Province and the Tŝilhqot'in National Government in August 2019 includes a commitment to respectfully engaging third parties and attempting to address their interests within the declared title area.

If pressed on Metis Settlements in Alberta

• Canada is committed to working in partnership with officials from the Métis Settlements General Council and the Government of Alberta's Ministry of Indigenous Relations.
• In the spirit of reconciliation, a trilateral working group was formed in July 2020 to support the Métis Settlements General Council in its work toward achieving its own distinct vision of self-determination.
• This includes working collaboratively with the Métis Settlements General Council and the Government of Alberta to deepen our shared commitment to developing long term partnerships.
• Canada recognizes and respects the unique history of the Métis Settlements General Council and we look forward to continuing our discussions with Alberta and the Métis Settlements General Council on matters of importance to their members.

Background

On April 14, 2016, the Supreme Court of Canada, in a unanimous decision, allowed, in part, the Congress of Aboriginal Peoples' appeal, and dismissed Canada's cross-appeal of the Federal Court of Appeal decision in Daniels. The Supreme Court restored the trial judge's declaration that Métis and Non-Status Indians are Indians within the meaning of s. 91(24) of the Constitution Act, 1867. It set aside the Court of Appeal's conclusion that the s. 91(24) declaration should only apply to those Métis people who meet the Powley criteria and ruled that all Métis and Non-Status Indians were included under 91(24). The Supreme Court stated that determining whether particular individuals or communities are Non-Status Indians or Métis is a fact-driven question to be decided on a case-by-case basis in the future.

Recent and Ongoing Work in Support of Daniels:

• The Government of Canada signed an Accord with the Métis Nation on April 13, 2017, as a sign of our continued commitment to working with the Métis Nation on policy and specific issues aimed at improving the socio-economic conditions for the Métis people.
• The Government of Canada signed a new Political Accord with the Congress of Aboriginal Peoples, which represents off-reserve Status and non-Status Indians, NunatuKavut Inuit and Métis peoples, on December 5, 2018.
• The Government of Canada supported the Congress of Aboriginal Peoples as it held a Daniels Symposium on March 21-22, 2017, intended to spark dialogue between grassroots Indigenous peoples, stakeholders and the Government of Canada on the Daniels decision.
• The Government of Canada launched an Accord Implementation Forum with the Congress of Aboriginal Peoples in June 2020 to address joint policy priorities, including Housing, Indigenous Languages, Post-Secondary Education, Family Programs, Missing and Murdered Indigenous Women and Girls and Justice.
• Crown-Indigenous Relations and Northern Affairs Canada has funded the Congress of Aboriginal Peoples and the BC Métis Federation to carry out Daniels-related projects in an effort to achieve further feedback from grassroots Indigenous peoples on the perceived implications of the case. These projects were funded in the 2017-18 and the 2018-19 fiscal years.

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 when Canada proposes to take actions which impact them and their rights, including their lands, territories and resources.
• The Declaration must be read as a whole. Its principles are meant to re-balance the relationship between States and Indigenous peoples in a manner that recognizes and protects their respective rights and interests.
• Free, prior and informed consent is about establishing consent as the objective of consultation and other participatory processes, not about a general 'veto power' over government decisions that may affect 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 2020 Speech from the Throne committed: The Government will move forward to introduce legislation to implement the United Nations Declaration on the Rights of Indigenous Peoples before the end of this year. 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.

Substantive discussions with the Assembly of First Nations, Inuit Tapiriit Kanatami and the Métis National Council were held over the summer months on the draft legislation and proposed engagement plan. These discussions are continuing. Broader engagement with regional and national Indigenous organizations on a consultative draft began in mid-September 2020. Discussions with provinces and territories and with industry leaders are also taking place.

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 is the first year for Main Estimates for the new department. 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 Indigenous and Northern Affairs Canada 2019-20 Main Estimates budget was $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 2020-2021.
• 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).

The 2020-21 Main Estimates were initially tabled on March 10, 2020. The Estimates for CIRNAC were presented to the Standing Committee on Indigenous and Northern Affairs on March  12, 2020, however there were delays because of the COVID-19 pandemic and subsequent prorogation of Parliament. The 2020-21 Main Estimates were tabled in the House on September 9, 2020.

Key Messages

• The Government of Canada recognizes the right of individuals to engage in peaceful protests. We believe the best way to resolve outstanding issues is through a respectful and collaborative dialogue.
• Canada has invited Six Nations' leaders and the Province of Ontario to participate in discussions regarding the McKenzie Meadows housing development to work together to find a positive way forward.
• Such dialogue is vital to building stronger relationships and advancing reconciliation with Indigenous partners for the benefit of their communities and all Canadians.

If pressed on accommodation arrangement with the developer

• Six Nations Elected Council reached an accommodation agreement with the developer.
• Questions on these matters are best addressed to Six Nations.

If pressed on Six Nations governance matters

• Canada is committed to renewing a nation-to-nation relationship with Six Nations.
• Any movement towards greater self-government and self-determination will be done with Six Nations' leadership and community members.

If pressed on the status of the Six Nations' litigation

• Canada believes that the best way to address outstanding issues and achieve reconciliation with Indigenous people is through negotiation and dialogue.
• The Government of Canada respects the decision of the Six Nations to pursue their claims through the courts.
• We are committed to maintaining a productive working relationship with the Six Nations and finding a new way forward through a renewed nation-to-nation relationship based on recognition of rights, respect, co-operation and partnership.

If pressed on the current protest at the McKenzie Meadows development site

• Canada recognizes the right of individuals to engage in peaceful protests.
• We believe the best way to resolve the situation at McKenzie Meadows is through a respectful and collaborative dialogue. Additional blockades and the destruction of property are not helpful.
• We will continue to work with Six Nations leadership to develop a process to find a constructive and positive way forward.

Gary Anandasangaree, Lib (Scarborough—Rouge Park, ON)

Jaime Battiste, Lib (Sydney-Victoria, NS)

Bob Bratina, Lib (Hamilton East — Stoney Creek, ON)

Marcus Powlowski, Lib (Thunder Bay—Rainy River, ON)

Adam van Koeverden, Lib (Milton, ON)

Lenore Zann, Lib (Cumberland—Colchester, NS

Eric Melillo, CPC (Kenora, ON)

Gary Vidal, CPC (Desnethé—Missinippi—Churchill River, SK)

Arnold Viersen, CPC (Peace River—Westlock, AB)

Cathy McLeod, CPC (Kamloops—Thompson—Cariboo, BC

Sylvie Bérubé, BQ (Abitibi—Baie-James—Nunavik—Eeyou, QC)

Rachel Blaney, NDP (North Island—Powell River, BC)