Third Annual Statutory Report (2022) Pursuant to Section 10 of the Department of Crown-Indigenous Relations and Northern Affairs Act, Statutes of Canada, Chapter 29, 2019
Message from the Ministers
![The Honourable Marc Miller](/DAM/DAM-CIRNAC-RCAANC/DAM-CORP/STAGING/images-images/minister_marc_miller_2021-2022_1666286757952_eng.jpg)
![The Honourable Daniel Vandal](/DAM/DAM-CIRNAC-RCAANC/DAM-CORP/STAGING/images-images/minister_dan_vandal_2021-2022_1666286804234_eng.jpg)
We are pleased to table the 2021–2022 Annual Report on the measures taken with partners this past fiscal year (April 1, 2021, and March 31, 2022) and the work that still needs to be done in support of reconciliation and to advance the self-determination of First Nations, Inuit and Métis.
Now more than ever, non-Indigenous Canadians are awakening to the past and present injustices suffered by Indigenous Peoples. The inaugural National Day for Truth and Reconciliation in September 2021 provided an opportunity for everyone in Canada to reflect on the lasting impacts and harms of these injustices, felt across many generations. This year also saw some important milestones towards reconciliation, including a papal apology to Indigenous delegates in Rome—as well as to Indigenous Peoples, on Canadian soil—pertaining to the painful legacy of residential schools. More recently, this spring marked the first anniversary of the finding of unmarked graves at the former Kamloops Residential School.
Progress is continuing across several federal departments on Indigenous-led, Survivor-centric and culturally informed initiatives and investments to support Indigenous communities in their response to and healing from the ongoing impacts of residential schools. In August 2021, the Government of Canada announced approximately $320 million in additional support for initiatives and investments to help Indigenous communities respond to and heal from the ongoing impacts of residential schools. Budget 2022 went further in proposing an additional $502.9 million to help address the legacy of residential schools, including an additional $122 million to Crown-Indigenous Relations and Northern Affairs Canada's Residential Schools Missing Children - Community Support Funding program to support community plans to locate and commemorate children who attended residential schools. To this day, 91 projects have been funded, for over $94 million, to support communities towards healing and closure. Canada will continue to listen to First Nations, Inuit and Métis Survivors, their families and communities in order to move forward on this important work at their pace.
We also continued our work to introduce a National Council for Reconciliation Act in Parliament. This legislation would aim to enable the creation of the National Council for Reconciliation. As envisioned by the Trust and Reconciliation Commission of Canada (TCR), an Indigenous-led, independent and permanent National Council for Reconciliation would strive to ensure that long-term progress on reconciliation in Canada is supported and sustained through commitment to reconciliation and accountability. The Council would monitor, evaluate and report on reconciliation efforts, including the implementation of the Calls to Action, as well as be a catalyst for innovative thought, dialogue and action. The Council would also engage with Canadians to create a better understanding of reconciliation, and find common ground to build a better, stronger future for everyone.
The Government of Canada continues to make long term investments with territorial and Indigenous partners in new and renovated quality housing units. The government is making progress to close infrastructure gaps in the North. Budget 2022 proposed $4.3 billion over seven years dedicated to Indigenous housing. This significant investment includes $845 million targeting Inuit housing priorities and $190 million to Métis housing priorities. In addition, work is underway to develop the Urban, Rural, and Northern Indigenous Housing Strategy. In partnership with Indigenous Peoples and territorial and provincial governments, the department has made significant advancements to support the key priorities of the Arctic and Northern Policy Framework. This has also included the continued support of territorial cleaner, renewable energy projects in the Territories, based on the leadership and priorities of local communities. This will help communities transition away from diesel, making energy more affordable.
The last fiscal year also marked the report and recommendations of the Task Force on Northern Post-Secondary Education. The Task Force, led by local experts, students, academics, and more, held public engagement sessions both in the North and elsewhere forming the basis of their report. These recommendations, which aim to increase access to post-secondary education opportunities across the North and Arctic, have been formulated into a final report that was published on March 31, 2022.
We also advanced an important priority for Inuit with the co-development of the Inuit Nunangat Policy, which helps guide the design, development, and delivery of all new or renewed federal policies, programs, services, and initiatives that apply in Inuit Nunangat or benefit Inuit. Taking an Inuit Nunangat approach means ensuring that program terms and conditions, including criteria, do not disadvantage Inuit; improving coordination across federal departments, agencies, programs and operations; and engaging Inuit in the early stages of program renewal or design.
Also, we continue to make progress in the implementation of modern treaties and self-government agreements: Canada is currently implementing 25 modern treaties, four stand-alone self-government agreements, and two sectoral self-government education agreements across six provinces and all three territories. This represents an investment of over $1.1 billion.
The Government of Canada continues to move forward in partnership. This continues to be the priority as we advance reconciliation with Indigenous Peoples. Some other examples include addressing past wrongs through specific claims settlements, accelerating progress to address the national crisis of missing and murdered Indigenous women, girls and 2SLGBTQQIA+ people, and adding to First Nations' reserve land base, among others.
Our way forward in reconciliation continues to be guided by:
- the Report of the Royal Commission on Aboriginal Peoples;
- the Qikiqtani Truth Commission;
- the Truth and Reconciliation Commission of Canada's Calls to Action;
- the National Inquiry into Missing and Murdered Indigenous Women and Girls' Calls for Justice;
- the Inuit Nunangat Policy;
- the implementation of the United Nations Declaration on the Rights of Indigenous Peoples; and,
- the Arctic and Northern Policy Framework.
Increased global uncertainty exacerbated by foreign conflict and coupled with the effects of the pandemic has added to the challenges faced by Indigenous Peoples and Northerners in Canada over the past year. We continue to focus our efforts to address issues of affordability, food security, climate change and access to employment, education and quality healthcare, as well as long-standing social and economic inequities and the systemic racism and barriers maintaining this inequality. We will continue to address the priorities identified by Indigenous Peoples with the lessons learned—environmentally, economically and socially—to build a more inclusive future for Canada.
Canada remains committed to working alongside First Nations, Inuit and Métis to implement their visions of self-determination and the priorities they identify for investment, including transportation, telecommunications, energy, social and health infrastructure, and housing. Indigenous-led solutions will continue to be the key to advancing reconciliation. We remain committed to taking part in modern treaty negotiations, and working to implement self-government agreements as well as the Truth and Reconciliation Commissions Calls to Action. Only by working in partnership with Indigenous and northern leaders to develop a path that respects the distinct histories, cultures and circumstances of First Nations, Inuit and Métis in Canada will reconciliation be achieved.
We know there is still much more work ahead of us, but we will continue supporting, and working with Indigenous partners at their own pace and in the best way they see fit, to achieve a better future for everyone.
Sincerely,
The Honourable Marc Miller, P.C., MP
Minister of Crown–Indigenous Relations
Hon. Daniel Vandal, P.C., M.P.
Minister of Northern Affairs, Minister responsible for Prairies Economic Development Canada and Minister responsible for the Canadian Northern Economic Development Agency
Table of contents
- Introduction
- 1. Advancing reconciliation by acknowledging and addressing the historic and ongoing injustices
- The legacy of the residential school system and unmarked graves
- Measures taken
- Residential Schools Missing Children - Community Support Funding
- Access to the full history and truth around residential schools
- Yukon Residential Schools
- Qikiqtani Truth Commission
- Missing and Murdered Indigenous Women, Girls (MMIWG), and 2SLGBTQQIA+ People
- Reparations and Settlements of Past Wrongs
- 2. Creating Conditions for Self-Determination and Renewed Relationships
- Measures Taken
- Recognition of Rights and Self-Determination Discussions
- Ongoing Implementation of Modern Treaties and Agreements
- Collaborative Fiscal Policy Development Process
- Recognition and Reconciliation of Rights Policy for Treaty Negotiations in British Columbia
- Redesigning the Comprehensive Land Claims and Inherent Right Policies
- Supporting Economic Development
- First Nation Land Management
- Legislation to Implement the United Nations Declaration on the Rights of Indigenous Peoples and the Implementation Plan
- Guidance, Advisory and Information Services on Consultation and Accommodation with Indigenous Peoples
- Permanent Bilateral Mechanisms
- Métis Nation Housing Strategy
- Child and Family Services
- Advancing Northern Relationships
- Measures Taken
- Conclusion
Introduction
The Department of Crown-Indigenous Relations and Northern Affairs Act and the Department of Indigenous Services Act came into force on July 15, 2019 and established Crown Indigenous Relations and Northern Affairs Canada (CIRNAC) and Indigenous Services Canada (ISC). These two departments replaced the former Indian and Northern Affairs Canada (INAC) – legally, the Department of Indian Affairs and Northern Development – which was abolished by the Budget Implementation Act, 2019.
Under the Department of Crown-Indigenous Relations and Northern Affairs Act, the Minister must table in each House of Parliament, within three months after the end of the fiscal year or, if the House is not then sitting, on any of the first fifteen days of the next sitting of the House, a report on the measures taken to advance self-determination and reconciliation with Indigenous Peoples. The first report of its kind was tabled on October 5, 2020. The present report is the third since the Department was established, and covers activities by the Department over the period from April 1, 2021 to March 31, 2022.
The reporting period covers Canada's ongoing response to the COVID-19 pandemic, which has exacerbated known and long-standing vulnerabilities of Indigenous Peoples and other vulnerable groups across Canada, while at the same time demonstrating the resilience and capacity of Indigenous communities in the face of adversity. The collective efforts of Indigenous leadership at the national and community levels and CIRNAC and multiple government departments, provincial and territorial governments, and, is a clear example of what can be achieved through collaborative relationships and partnerships, with lessons learned that will usefully inform best practices going forward.
Mandate of the Department of Crown-Indigenous Relations and Northern Affairs
The Department of Crown–Indigenous Relations and Northern Affairs Canada (CIRNAC) was established to carry out activities that support the Government of Canada's commitment to advancing reconciliation with First Nations, Inuit and the Métis, by leading whole-of-government approaches relating to overall Crown–Indigenous relationships. Its primary focus is to renew Nation-to-Nation, Inuit–Crown, and government-to-government relationships based on affirmation and implementation of rights, respect, cooperation, and partnership. CIRNAC also works to promote respect for the rights of Indigenous Peoples as recognized and affirmed by section 35 of the Constitution Act, 1982, and implementation of the United Nations Declaration on the Rights of Indigenous Peoples. Key activities include:
- facilitating collaboration and cooperation with Indigenous Peoples and with the provinces and territories in relation to entering into and implementing agreements;
- the recognition and implementation of treaties concluded between the Crown and Indigenous Peoples;
- promoting self-determination, prosperity and well-being for the residents and communities of Inuit Nunangat and the Canadian North, taking into account their respective needs and challenges;
- recognizing and encouraging Indigenous traditional knowledge;
- addressing historical wrongs and injustices; and,
- promoting public awareness and understanding of the importance of working toward and contributing to reconciliation with Indigenous Peoples.
The Department coordinates the Government's relationship with national Indigenous organizations – namely the Assembly of First Nations, the Métis National Council, Inuit Tapiriit Kanatami, the Congress of Aboriginal Peoples, the Native Women's Association of Canada, Les Femmes Michif Otipemisiwak and Pauktuutit Inuit Women and Canada – as well as with other more local/regional Indigenous organizations and rights holders.
The Department supports Indigenous self-determination through the negotiation and implementation of self-government and comprehensive land claims agreements, the recognition and implementation of Indigenous and treaty rights, as well as through the settlement of claims relating to lands and historical grievances. It also consults and works with Indigenous Peoples, provinces and territories, and other stakeholders on policies, initiatives and legislation that could affect Indigenous communities.
To achieve a coherent whole-of-government federal approach to Crown–Indigenous relationships, the work of CIRNAC is always conducted in partnership with other government departments. Among federal departments, the effective delivery of CIRNAC's work is highly dependent upon the close cooperation and collaboration with ISC. CIRNAC and ISC are mandated to work together on a wide range of activities, such as capacity building, to bring control of and jurisdiction for service delivery back to Indigenous communities. Whereas CIRNAC is responsible for de-colonizing and modernizing institutional structures and governance so that Indigenous Peoples can build capacity that supports the implementation of their vision of self-determination, ISC's primary responsibilities are focused on capacity building to improve access to high-quality services, and to support Indigenous Peoples in assuming control of the delivery of services at the pace and in the ways they choose.
The Department guides the Government of Canada's work to ensure strengthened relationships with First Nations, Inuit, and Métis, using different approaches to respect the unique situations of each of these three groups. The Department, with the support of Justice Canada, plays a leadership role in ensuring that the Government of Canada is respecting its obligations as set out in agreements and the application of section 35 of the Constitution Act, 1982, which provides constitutional recognition and affirmation of the Indigenous and treaty rights of Indigenous Peoples in Canada.
Reconciliation
As stated by the Truth and Reconciliation Commission (TRC), reconciliation is the ongoing process of establishing and maintaining respectful relationships. A critical part of this process involves repairing the damage from the past, providing individual and collective reparations, and following through with concrete actions that demonstrate real societal change. Both the ongoing process of reconciliation, and the federal government's relationship with Indigenous Peoples, communities, and governments are, and will remain, enduring elements of the Canadian landscape. The way forward is informed by a number of guiding principles and frameworks, including: Section 35 of the Constitution Act, 1982; the United Nations Declaration on the Rights of Indigenous Peoples (the Declaration); the Attorney General of Canada's Directive on Civil Litigation Involving Indigenous Peoples; the TRC's Calls to Action; the Inquiry into Missing and Murdered Indigenous Women and Girls Calls for Justice; the Principles Respecting the Government of Canada's Relationship with Indigenous Peoples; decisions of the Canadian Human Rights Tribunal; and, the Arctic and Northern Policy Framework. At the same time, an ongoing commitment to dialogue, joint priority setting and co-development, de-colonizing federal structures and institutions, meaningful consultation and accommodation, collaborative resolution of litigation and claims, and initiatives to inform and engage non-Indigenous Canadians are essential to building productive and respectful relationships. CIRNAC recognizes that many strides have been made to achieve its mandate with Indigenous partners, and that significant work remains.
Self-Determination
Federal measures that respond to and support the rights of Indigenous Peoples to self-determination are needed to strengthen Indigenous communities by addressing core public services, improving economic opportunities and access to lands and resources. In the context of Indigenous Peoples in Canada, and as indicated in the Declaration, self-determination can be defined as the ability to determine political status and to freely pursue economic, social, and cultural development. In exercising their right to self-determination, First Nations, Inuit and Métis might exercise the right to autonomy or self-government in matters relating to their internal local affairs and for financing their autonomous functions. Self-determination can be advanced in several different ways, through: treaties (modern and historic); self-government agreements; sectoral agreements (e.g. health, education); constructive arrangements; local/regional governance; and, taking part in decision-making processes (e.g.: environmental assessments and international treaty negotiations).
The whole-of-government approach to reconciliation and supporting Indigenous self-determination is rooted in three pillars: acknowledging and addressing the past; closing socio-economic and service gaps; and, supporting visions for self-determination and renewed relationships. Together, they drive specific measures to be undertaken to advance reconciliation and support Indigenous self-determination. This report addresses progress being made by CIRNAC to achieve the pillars of acknowledging and addressing the past, and supporting visions for self-determination and renewed relationships. With respect to the final pillar, reporting on "closing socio-economic and service gaps" is included in the annual report that is submitted by the Minister of Indigenous Services.
1. Advancing reconciliation by acknowledging and addressing the historic and ongoing injustices
The historic relationships between the Government of Canada and First Nations, Inuit, and Métis are challenging and complex. Harmful policies, such as those rooted in the Indian Act, other colonial and racist policies, and the failure to live up to the obligations set out in Treaties, continue to impact First Nations, Inuit and Métis today. These impacts manifest in many ways, including socio-economic gaps, intergenerational trauma, and systemic discrimination. Addressing these past wrongs is essential and is one venue in building trust that the Government will fulfil its promises while upholding the Honour of the Crown and moving forward on the path of reconciliation.
The legacy of the residential school system and unmarked graves
The residential school system forcibly separated at least 150,000 Indigenous children from their families and communities, often at great distances, where they were prohibited from practicing their cultures, traditions, and speaking their languages. For Survivors, their families, and communities, the painful legacy of the residential school system continues today.
In 2021, the findings of unmarked graves at the sites of former residential schools across the country was re-traumatizing for many Survivors and communities. It forced non-Indigenous Canadians to acknowledge and reflect on our country's failures and the impacts that continue to be felt today. As a country, we must never forget the unthinkable, horrific tragedies that took place and we must honour the Indigenous children who never came home.
Measures taken
The destructive legacy created by residential schools is complex. Addressing these intergenerational impacts requires whole-of-government coordinated action across federal departments and agencies, as well as co-operative relationships with Indigenous communities and across all levels of government through a phased approach. CIRNAC is the lead department on a whole-of-government horizontal initiative and has worked to secure new and expanded authorities to support the development and implementation of a federal framework for a nationally-aligned, comprehensive, coherent and collaborative approach to address the legacy of residential schools.
In response to the multiple locations of potential unmarked burials at or near former sites of residential schools over the spring and summer of 2021, the Government announced additional investments of approximately $321 million to support Indigenous community-led work surrounding burial sites (CIRNAC, $83 million), commemoration activities (Canadian Heritage, $9.6 million), the construction of a national residential schools monument to honour Survivors and children who did not return home (Canadian Heritage, $20 million), the provision of essential mental health, cultural and emotional services to support healing from intergenerational trauma (ISC, $107.3 million), and addressing former residential school buildings and sites consistent with community wishes (ISC, $100.1 million). CIRNAC, ISC and Canadian Heritage committed to developing a comprehensive plan on the federal response related to unmarked burial sites associated with former residential schools, including a detailed plan to address the demolition and rehabilitation needs of former residential schools on and off-reserve. CIRNAC led a whole-of-government effort to secure new and expanded authorities to better serve Survivors and Indigenous communities, including the extension of the Residential Schools Missing Children - Community Support Funding to fiscal year 2024–25.
Residential Schools Missing Children - Community Support Funding
Launched on June 7, 2021, following a series of sixteen national engagement sessions, the Residential Schools Missing Children - Community Support Funding initiative is a responsive, request-driven contributions envelope intended to support Indigenous partners and communities in designing and implementing community-led, Survivor-centric and culturally appropriate initiatives seeking to locate, document, and memorialize burial sites associated with former residential schools, and honour families' wishes to bring children's remains home. Funding is available to First Nation, Inuit and Métis partners, including modern treaty and self-governing groups.
As of March 15th, 2022, the department had received 239 enquiries resulting in 95 funding requests seeking a total of $190.6 million in funding for activities relating to 110 former residential schools. 65 funding agreements have been put in place for a total of $72.6 millionFootnote 1, including contributions from Canadian Heritage for eligible commemoration and memorialization activities. An additional $7.6 million has been contributed to these approved initiatives from other government funders and the respective provincial and territorial governments.
Access to the full history and truth around residential schools
Reconciliation requires a whole-of-government approach, breaking down barriers and rethinking how we do our work. The Government of Canada is committed to taking the steps necessary to ensure we continue to do all we can to share the Residential School-related documents we have, while respecting Survivors' wishes, legislation, court orders, settlement agreements and ongoing litigation processes. To ensure that Indigenous Survivors and communities have access to the full history and truth around the residential schools, CIRNAC has undertaken a broad internal review of all existing documents to ensure transparency and full disclosure of all relevant information to the National Centre for Truth and Reconciliation wherever possible. This is an important step toward accountability and a stronger understanding of the legacy of Residential Schools.
Yukon Residential Schools
2021 was a significant year towards reconciliation for the Yukon region as the last remaining building of the former Lower Post Residential School was demolished. The demolition was marked by a ceremony on June 30, 2021 held by the Daylu Dena Council, which was also the 46th anniversary of the school's closure. A ground blessing ceremony was held afterwards to celebrate a new administration building, scheduled for the start of construction in summer 2022.
Qikiqtani Truth Commission
Since the formal acknowledgement of the findings of the Qikiqtani Truth Commission's final report and apology to the Qikiqtani Inuit, the Nunavut Regional Office has continued to collaborate to implement the report's 25 recommendations. Budget 2021 included an additional $25.75 million towards the implementation of the recommendations, and CIRNAC has engaged with the Qikiqtani Inuit Association (QIA) on the delivery of this funding. Collaboration continues between QIA and CIRNAC to support self-determination for QIA to design and provide programs to support healing, restoring language, culture and identity.
Missing and Murdered Indigenous Women, Girls (MMIWG), and 2SLGBTQQIA+ People
Through funding provided by Budget 2021, a permanent MMIWG Secretariat has been established to work in collaboration with Indigenous partners and lead a whole-of-government approach to oversee the coordination of federal efforts regarding missing and murdered Indigenous women, girls and 2SLGBTQQIA+. The Secretariat also convened and coordinated Indigenous families, survivors, partners, and provinces and territories on the development and publication of the first National Action Plan on Missing and Murdered Indigenous Women, Girls and 2SLGBTQQIA+.
On June 3, 2021, the Government of Canada, alongside Indigenous families, survivors, partners and governments, as well as Indigenous women's organizations and provinces and territories, launched the National Action Plan. As part of the National Action Plan, the Federal Government also released the Federal Pathway to Address Missing and Murdered Indigenous Women, Girls and 2SLGBTQQIA+ People, outlining the federal government's commitments from over 25 federal departments and agencies. CIRNAC's role was key in coordinating the work on the National Action Plan and leading a whole-of-government and whole-of-Canada approach. As part of the whole-of-federal government approach, CIRNAC has been convening federal departments and agencies to develop reporting including a framework to measure outcomes and progress.
Furthermore, CIRNAC is supporting reconciliation and advancing self-determination by administering new and ongoing programs. The department is directly funding families and survivors through the Support for the Wellbeing of Families and Survivors of Missing and Murdered Indigenous Women, Girls, and 2SLGBTQQIA+ People program, which provides culturally-relevant and Indigenous led programming for those impacted by this tragedy. In 2021-22, the program funded 19 recipients for a total value of over $3.6 million. Further, in 2021-22, through the Supporting Indigenous Women's and 2SLGBTQQIA+ program, a total of 18 recipients funded for a total of over $9 million to support the capacity of Indigenous women's and 2SLGTQQIA+ organizations to engage in the development of policies, programs and legislation. Finally, as part of its work, the Cultural Spaces in Indigenous Communities program supported efforts to revitalize culture and languages through 15 Indigenous-led early investments projects totalling $40.4 million to support safe access to cultural and language programming.
As a way of supporting reconciliation through transparency and reporting, CIRNAC funded 19 Indigenous-led data research projects from Métis, Inuit, First Nations, Non-Status, urban and 2SLGBTQQIA+ organizations and researchers totaling $884,916 to begin the implementation of the National Action Plan Data Strategy (PDF). These initiatives will start to address data gaps related to Indigenous women, girls, and 2SLGBTQQIA+ people, and will contribute to improving the information available to Indigenous peoples, organizations, and communities.
Reparations and Settlements of Past Wrongs
Settlement of specific claims
The resolution of specific claims, through the acknowledgement of and compensation for past wrongs, is a key element in advancing reconciliation with First Nations. Specific claims are grievances that First Nations have against the Government of Canada for its failure to discharge its lawful obligations with respect to pre-1975 treaties and its management of First Nations lands, funds and other assets. Between January 1, 2016 and March 1, 2022, compensation totaling $5 billion was paid to settle 187 claims. As of March 1, 2022, the Specific Claims Inventory had a total of 555 claims, of which 163 were in process, 392 were under negotiation, and 68 had been submitted to the Specific Claims Tribunal of Canada.
The December 2021 mandate letter of the Minister of Crown-Indigenous Relations reaffirms earlier commitments in relation to specific claims reform and directs the Minister to "accelerate ongoing work with First Nations to redesign federal policies on additions-to-reserves and the Specific Claims process to provide just and timely resolution, conscious of the need for a fairer and more equitable process."
The Government of Canada continued to make efforts to accelerate specific claims resolution throughout the year. In addition, following national dialogue sessions led by the Assembly of First Nations (AFN) on specific claims reforms funded by the Government of Canada, the AFN developed a detailed proposal for a reformed specific claims resolution process that is informing collaborative work between the Government of Canada and the AFN and First Nation partners on Specific Claims reform.
Addition of Land to Reserves and Reserve Creation Act
Since 2009, the Department has been working with First Nations to explore policy, process, and legislative options for improving additions to reserve and reserve creations. After various consultation and legislative efforts, the Addition of Land to Reserve and Reserve Creation Act was enacted and came into effect on August 27, 2019. The Act streamlines the approval for the additions to reserve and reserve creation, and enables First Nations to designate pre-reserve lands and address third-party interests prior to lands being set apart as reserve. Additionally, the Minister now has the authority to grant reserve status in all cases, which decreased the amount of time required for the approval of an addition to reserve or reserve creation proposal. These legislative changes contribute to advancing reconciliation and improving the treaty relationship through the fulfillment of Canada's outstanding historic obligations to First Nations. Between April 1, 2021 and March 31, 2022, 47 additions to reserve or reserve creation submissions were approved.
In support of reviewing the current Additions to Reserve/Reserve Creation Policy and developing possible reform options, Budget 2021 identified $43 million over three years, starting in 2021-22, to work with Indigenous partners and other stakeholders to redesign the federal Additions to Reserve/Reserve Creation Policy and to accelerate work on existing requests from First Nations across the country. Of this, $10.8 million was for the policy redesign, led by CIRNAC, and $32.2 million was for ISC to reduce additions to reserve requests in Canada's inventory. CIRNAC's policy redesign includes future engagement, starting in 2022-2023, with Indigenous organizations, rights holders, and communities to solve issues in the Additions to Reserve Policy.
Preliminary engagement between the Government of Canada and key Indigenous partners is ongoing to identify opportunities to support Indigenous-led engagement processes, multilateral engagement, collaboration, and partnership. The Government of Canada is conscious of the need to accelerate the implementation of outstanding commitments to return land to First Nations, to ensure that future policies are informed and developed in partnership, and, as set out in the permanent bilateral process, to meet regularly with the AFN and rights holders to make progress on First Nation priorities.
2. Creating Conditions for Self-Determination and Renewed Relationships
Over the past year, CIRNAC has continued to build the nation-to-nation, Inuit-Crown, and government-to-government relationships through the Permanent Bilateral Mechanism process, which advances shared priorities on the path to self-determination. CIRNAC continues its review of the policies that guide the negotiation and implementation of treaties and other rights agreements and strengthen and enhance the First Nations institutions that support self-determination through the First Nations Land Management Act and the First Nations Fiscal Management Act. The Department has continued to support whole-of-government consultation, engagement, and co-development activities, which respect rights and advance relationships, and on June 21, 2021, the United Nations Declaration on the Rights of Indigenous Peoples Act received Royal Assent and immediately came into force. Developed with Indigenous Peoples, this Act creates a legislative framework to implement the Declaration in Canada. It requires the Government of Canada, in consultation and collaboration with Indigenous Peoples, to develop an action plan to achieve the Declaration's objectives and take all measures necessary to align federal laws with the Declaration. In December 2021, Justice Canada launched a broad and inclusive consultation, cooperation, and engagement process with Indigenous peoples. Phase 1 of the consultation process focused on Indigenous-led consultations with First Nations, Inuit and Métis rights holders, including modern treaty signatories, self-governing nations and historic treaty partners, as well as with national and regional Indigenous representative organizations. Phase 2 of the consultation process with Indigenous partners is expected to be conducted in 2022-23.
Measures Taken
Recognition of Rights and Self-Determination Discussions
During the 2021-22 fiscal year, CIRNAC and Indigenous partners established 17 new discussions tables for a total of 175 active tables. In addition, five preliminary-type agreements and one reconciliation framework agreement were signed to frame discussions and identify priorities for future negotiations, bringing the total preliminary-type agreements to 93.
Ongoing Implementation of Modern Treaties and Agreements
The implementation of modern treaties and self-government agreements by federal, Indigenous, provincial and territorial signatories is a key element in renewing nation-to-nation, Inuit-Crown and government-to-government relationships consistent with principles of Indigenous self-governance and self-determination and the ongoing implementation of the United Nations Declaration on the Rights of Indigenous Peoples. Canada is currently implementing 25 modern treaties (18 of which include or have associated self-government agreements), four stand-alone self-government agreements, and two sectoral self-government education agreements across six provinces and all three territories. Fiscal transfers to self-governing Indigenous governments are guided by the Collaborative Fiscal Policy framework co-developed by Canada and self-governing partners. Between April 1, 2021 and March 31, 2022, regular meetings were held and fiscal transfer payments of over $1 billion were made to Indigenous signatories in support of their jurisdictional responsibilities and governance activities.
In response to the mandate commitments for the Minister of Crown-Indigenous Relations to "work in partnership on the implementation of the spirit and intent of treaties, and land claim and self-government agreements with appropriate oversight mechanisms to hold the federal government accountable;" to "continue to work to fully implement Inuit land claims agreements;" and, to "… restore respectful nation-to-nation relations, in the spirit of self-determination, by renewing and updating treaty relationships where they exist;" the Department is working on a process with Modern Treaty agreement signatories to chart a path to further strengthen the implementation of Modern Treaties.
CIRNAC continues to strengthen whole-of-government implementation by advancing recommendations from the evaluation of the Cabinet Directive on Modern Treaty Implementation. CIRNAC has provided training to federal officials on modern treaty and self-government implementation to promote awareness, and provided advice and guidance on the Assessment of Modern Treaty Implications (AMTI) to ensure modern treaty rights and obligations are considered in federal policy making.
Together with modern treaty partners, the Department has also examined performance indicators through the Performance Measurement Framework (PMF) on socio-economic and environmental importance to measure outcomes concerning the implementation of modern treaties. CIRNAC has introduced and is administering an additional reporting tool, the Modern Treaty Management Environment (MTME) version 2.0, to track and monitor the status of modern treaty and self-government obligations by departments and agencies.
Collaborative Fiscal Policy Development Process
Canada's Collaborative Fiscal Policy Development Process ("the Process") has created conditions for self-determination and renewed relationships, through the co-developed policy process in collaboration with representatives from self-governing Indigenous governments. These discussions seek to build on Canada's Collaborative Self-Government Fiscal Policy, and are aimed to strengthen the government-to-government partnership and better support self-government arrangements.
Over the past year, Canada and Indigenous governments have been working together on new innovative approaches to provide sufficient, predictable, and sustained funding that promotes Indigenous self-determination. While these discussions are broad in scope, the table has been focused on areas such as: governance, social and economic development, fiscal adjustment factors, infrastructure, culture and language and land and resources to ensure self-governing Indigenous governments have the means and fiscal capacity to govern effectively.
Since 2016, Canada and representatives from 25 self-governing Indigenous Governments have worked together to co-develop Canada's Collaborative Self Government Fiscal Policy ("the Policy") and the associated methodologies for funding for the range of responsibilities those governments have. Released in August 2019, the new Policy focuses on the actual expenditure needs of self-government, rather than linking funding to previous levels under the Indian Act. Key accomplishments of the Process include the completion of a funding methodology for governance and administration; continuing the collaborative process work with minor COVID-19 impacts; increased involvement of other government departments to focus on Land and Resource Management; and work on Culture, Language, and Heritage as well as Infrastructure.
Between April 1, 2021 and March 31, 2022, regular policy development process meetings continued, building on the renewed government-to-government relationship for collaborative policy development. Participating departments included Canadian Heritage, the Department of Fisheries and Oceans, and ISC, with the Process expanding to include new entrants. Most recently, the Lands, Resources and Treaty Management working group has expanded to include five modern treaty holders without self-government agreements, as they have similar responsibilities to self-governing Indigenous governments.
Canada and self-governing partners have also completed a first phase policy approach to ensure adequate lifecycle capital and operations and maintenance funding for core community infrastructure assets in every self-government community. Fiscal policy work has also started in the areas of lands, resources and treaty management, and language. A core group of participants has been meeting monthly with CIRNAC and other government department officials. This process has built stronger ties and trust between Indigenous governments and the Government of Canada and across Indigenous governments themselves.
The Collaborative Self-Government Fiscal Policy Development Process also includes a shared focus on closing socio-economic and wellness gaps to help maximize self-determination. Tailored initiatives, supported with funding from Budgets 2018 and 2021, continue with on-going evaluation and reporting to assess progress.
Recognition and Reconciliation of Rights Policy for Treaty Negotiations in British Columbia
Since 2019, the Government of Canada, the Province of British Columbia, and the First Nations Summit continue to implement the co-developed Recognition and Reconciliation of Rights Policy for Treaty Negotiations in British Columbia (the "Policy"). The Policy replaces the Comprehensive Land Claims and Inherent Right policies in the context of treaty negotiations in British Columbia. A central feature of the Policy is basing negotiations on the recognition and continuation of rights without those rights being modified, surrendered or extinguished when an agreement is signed. Where there is interest, Canada is ready to discuss using the approaches found in the Policy with negotiation partners elsewhere in the country.
In 2021-22, tripartite policy work continued on priority areas outlined in the Policy, with a focus on lands-related issues. In addition to working closely with the Government of British Columbia and Participating Indigenous Nations in British Columbia, CIRNAC collaborated with implicated federal departments to ensure a whole-of-government perspective. Further, CIRNAC is working closely with provincial and First Nation partners on the first review of the Policy, as identified in Sections 62 and 63, to monitor and assess the effectiveness of Policy implementation, and ensure issues are addressed.
Redesigning the Comprehensive Land Claims and Inherent Right Policies
The mandate letter of the Minister of Crown-Indigenous Relations commits to working with Indigenous Peoples and relevant Ministers to accelerate the Recognition of Indigenous Rights and Self-Determination discussion processes. Redesigning the Comprehensive Land Claims and Inherent Right policies to adopt flexible and rights-based policy approaches that address the needs of Indigenous partners is key to accelerating discussion processes and achieving treaties, agreements and other constructive arrangements that are foundations for renewed relationships. CIRNAC will continue to address this commitment through a variety of efforts, including co-developing innovations with Indigenous partners, learning lessons from what we have heard in past engagement processes, and working in collaboration with other federal departments to build public service capacity for culture change in support of the recognition and implementation of rights. CIRNAC is also working in partnership with Indigenous partners on policy redesign process and continues to explore innovative ways to collaborate further.
Supporting Economic Development
The First Nations Fiscal Management Act (FNFMA) legislation provides First Nations, who choose to opt-in, with the institutional supports and tools to strengthen their communities and build their economies.
Between April 1, 2021 and March 31, 2022, a total of nine First Nations were added to the regime. This brings the total to 321 of 580 First Nations that are able to access the measures available under the Act to advance self-determination and economic reconciliation at their own pace. In response to the pandemic, CIRNAC and the fiscal institutions identified opportunities to strengthen the regime through proposed amendments to the Act. Significant advancements were also made through collaborative work with the fiscal institutions, partner modern treaty First Nations and the Province of British Columbia on draft regulations to enable treaty and self-governing First Nations to benefit from the Act, with the policy development now concluded for other revenues. Work continues on the policy approach for public service-centered Indigenous organizations, such as health or education authorities, to benefit from the Act.
One measure that provides First Nations with greater flexibility to develop their economy is the capacity to borrow funds for the development of infrastructure at lower interest rates than traditional financial institutions. Since the inaugural bond issuance in June 2014 for $90 million, there have been nine additional issuances totaling $1.64 billion in debentures which has been accessed by 76 First Nations to support housing, infrastructure, education, health, renewable energy and other socio-economic development projects, creating over 17,000 jobs in the process and approximately $3.5 billion in economic output. During fiscal year 2021-2022, a total of $721.9 million in debentures has been accessed by 39 First Nations.
Between April 1, 2021 and March 31, 2022, CIRNAC supported First Nations institutions in the following innovative projects, through the FNFMA, including:
- The First Nations Fiscal Management Board (FNFMB) to advance discussions of the Road Map Project on how the FNFMA Institutions could empower First Nation participants with the fiscal tools and capacity needed to develop self-sufficient and prosperous communities;
- The First Nations Tax Commission (FNTC) to further advance a First Nation Cannabis Tax Option and to continue to work with First Nations to develop, support, or advance proposals to increase First Nation regulatory and fiscal jurisdiction over tobacco and cannabis taxes;
- The FNTC to further advance the Fuel, Alcohol, Cannabis and Tobacco (FACT) sales tax proposal;
- Advancing the establishment of the First Nations Infrastructure Institution (FNII) under the FNFMA that will provide institutional capacity supports and tools for First Nations to efficiently and effectively plan, procure, own and manage infrastructure assets on their lands;
- The First Nations Leading the Way IV National Meeting: Making Reconciliation a Reality, a follow up to previous national yearly meeting which highlights the challenges and successes of First Nations at the forefront of expanding jurisdiction and their vision for the future, and informs, educates and responds to First Nations' inquiries on how the Institutions can support and enhance economic reconciliation in fiscal relations as well as 10-year funding plans.
- The First Nations Finance Authority (FNFA) to undertake activities to start a Commercial Paper Program (C.P. Program) that will allow FNFA to better meet anticipated future client loan demands by permitting FNFA to raise short term loan monies (Interim Financing) under its own name;
- The FNFA for an Information Technology Project to develop a new customized Financial Management System; and
- $32.5 million to the FNFA in Emergency / Contingency Funds to provide repayable financial support for borrowing members encountering difficulties due to COVID-19 or future widespread economic shocks.
The Department, in collaboration with ISC, continued to explore the development of the Infrastructure Institution through proof of concept projects with Kettle and Stoney Point, the First Nations Health Authority, and the Atlantic First Nations Water Authority.
First Nation Land Management
In the early 1990s, First Nations chiefs urged the Government of Canada to enter into negotiations concerning the management of First Nations land. A sectoral approach to a nation-to-nation agreement was proposed that included elements of land governance.
On February 12, 1996, Canada and 13 First Nations chiefs signed the Framework Agreement on First Nations Land Management relating to First Nation land governance outside of the Indian Act. In 1999, the First Nations Land Management Act came into force to ratify the Framework Agreement.
The Framework Agreement on First Nations Land Management is a First Nations-led nation-to-nation agreement that Canada ratified with the passage of the First Nations Land Management Act. This agreement helps create conditions for self-determination and renewed relationships by enabling First Nations to manage and govern their land, environment and resources using a community approved land code rather than be subject to the lands-related provisions of the Indian Act. In 2021-22, 16 new First Nations became signatories of the Framework Agreement (total of 194 First Nations) and four new First Nations have implemented their community approved land code (total of 100 First Nations), while others are at various stages of developing their land codes.
Based on the consensus of First Nations signatories to the nation-to-nation Framework Agreement on First Nation Land Management, the Department is working with the Lands Advisory Board to replace the First Nations Land Management Act with shorter, simpler legislation that better respects the central importance of the nation-to-nation Framework Agreement. Over the last year, the government has partnered with the Lands Advisory to co-develop new legislation to replace the First Nations Land Management Act. In early March 2022, the proposed legislation was supported unanimously by First Nations signatories to the Framework Agreement and is expected to be tabled in Parliament in 2022-23.
Legislation to Implement the United Nations Declaration on the Rights of Indigenous Peoples and the Implementation Plan
On June 21, 2021, Bill C-15 United Nations Declaration on the Rights of Indigenous Peoples Act received Royal Assent. The Act affirms the United Nations Declaration on the Rights of Indigenous Peoples (the Declaration) as a universal international human rights instrument with application in Canadian law and provides a framework for the Government of Canada's implementation of the Declaration.
On December 10, 2021, the Minister of Justice and Attorney General of Canada launched an engagement process with Indigenous peoples to advance implementation of the Act.
CIRNAC and the Department of Justice are continuing to work closely with First Nations, Inuit and Métis to better understand their priorities in order to help shape the initial draft of an action plan, and to begin to identify potential measures for aligning federal laws with the Declaration. This important dialogue will continue over the Spring of 2022.
Guidance, Advisory and Information Services on Consultation and Accommodation with Indigenous Peoples
Consultation activities are key for Canada to uphold its commitment to rebuilding relationships with First Nations, Inuit and Métis. To support this, CIRNAC provides funding for consultation tools, such as Consultation Protocols and Resources Centres, thus enhancing capacity to manage consultation consistent with their recognition and self-determination objectives. The Consultation and Accommodation Unit offers guidance, systems and tools to federal officials in order to support Canada's whole-of-government approach to the Duty to Consult. Together with Justice Canada, CIRNAC provided practical guidance to federal, provincial and territorial officials to support the fulfilment of meaningful consultation activities under the unique circumstances of the pandemic.
Between April 1, 2021, and March 31, 2022, negotiation was initiated for an additional Consultation Protocol, bringing the number of Consultation Protocols under negotiation to nine. Consultation Protocols foster important relationships while clarifying engagement processes and laying out important parameters and standards necessary to the consultation planning process. Implementation is ongoing for the 10 signed Consultation Protocols, currently supporting 44 Indigenous communities and 15 Métis regions in Ontario and Alberta, while five Resource Centres are supporting 62 Indigenous communities and 18 Métis regions in Alberta and Saskatchewan. Resource Centres support Indigenous partners to meaningfully engage in consultation by ensuring that they have the tools and capacity to manage and coordinate requests for consultation.
While in-person training sessions to federal officials on Crown consultation and accommodation obligations were suspended due to the COVID-19 pandemic, in the past year, CIRNAC delivered virtual presentations to 10 federal departments and agencies.
The Aboriginal and Treaty Rights and Information System (ATRIS) supports assessments of Duty to Consult obligations by detailing the geographic location and nature of potential and established Aboriginal and Treaty rights. Between April 1, 2020 and March 31, 2021, 49 ATRIS webinars and seven tailored coaching sessions were delivered to 193 federal officials to support data needs, and 46 cartographic services on emerging issues were provided.
Permanent Bilateral Mechanisms
Assembly of First Nations
In 2016, Permanent Bilateral Mechanisms (PBMs) were introduced as forums to identify joint priorities, co-develop policy and monitor progress. They are guided both by Senior Officials Meetings and Leaders Meetings, the latter of which typically occur annually. The COVID-19 pandemic continued to pose challenges in scheduling some meetings, and as such, it was not possible to schedule Leaders Meetings with the Assembly of First Nations (AFN) during this reporting period.
The last Senior Officials Meetings with the AFN was held in March 2021, allowing partners to take stock of the relationship and status of standing joint priority areas. Joint priorities included, among others, the implementation of the United Nations Declaration on the Rights of Indigenous Peoples, the Truth and Reconciliation Commission Calls to Action, and the New Fiscal Relationship.
The March 2021 Senior Officials Meeting also highlighted procedural challenges, including the need to: increase the duration of each meeting to allow opportunity for in-depth discussion of key issues; ensure senior officials remain for the duration of the meeting and meaningfully participate; identify clearly defined next steps for agenda items; and, focus discussions on overcoming challenges to progress, that, both parties agreed, need to be addressed to improve the efficiency of the PBM. Collaboration and co-development of these challenges were underway throughout the remainder of 2021.
Inuit Tapiriit Kanatami
The Inuit-Crown Partnership Committee (ICPC), co-chaired by the President of Inuit Tapiriit Kanatami and the Prime Minister, assesses the status of committee priority areas and submitted new work plans in response to the evolving needs of Inuit communities and current mandate commitments. Over 2021-22, officials worked to advance ICPC priorities, which included the co-development of the Inuit Nunangat Policy, to help guide the design, development, and delivery of all new or renewed federal policies, programs, services, and initiatives that apply in Inuit Nunangat or benefit Inuit.
Métis Nation
The Government of Canada and the Métis Nation advanced work on the joint priorities as identified through the Canada-Métis Nation Accord. The PBM convened once at a Senior Officials Meeting in January 2022. Meetings with leaders were postponed due to the limitations caused by the COVID-19 pandemic.
During 2021-22, the Métis Nation focused on enhancing partnerships through existing federal programs, policies and agreements under implementation. This includes Housing, Infrastructure, the United Nations Declaration on the Rights of Indigenous Peoples, Climate Change, Early Learning and Child Care, Post-Secondary Education, Skills and Employment Training, and Economic Development.
The Métis National Council plays a key role in co-development work and Accord-related activities on behalf of its Governing Members, including organizing and hosting policy conferences, workshops, and technical working group meetings, coordinating work-planning, maintaining relationships with federal officials across all implicated departments, providing clarity on common objectives, and overall support for the policy co-development process throughout. The Métis National Council role and contributions are invaluable in ensuring continued forward movement on all files and priority areas. This co-development process reflects the effective and evolving working relationship that has been developed with the federal government. It also demonstrates that success can be achieved through the development of new and innovative approaches to federal policy and service delivery that respect and align with the unique governance and operational structures of the Métis National Council, and which allow for flexibility in service-delivery by Governing Members.
Métis Nation Housing Strategy
The Métis Nation Housing Strategy is addressing the housing crisis faced by the Métis Nation and Manitoba Métis Federation communities in a culturally-appropriate and distinctions-based manner, targeting a 50% reduction in the Core Housing Need gap between Métis and non-Indigenous peoples in Canada. Housing was identified as a key priority of the Canada-Métis Nation PBM, and the Métis Nation Housing Strategy was a result of the signing of the Canada-Métis Nation Housing Sub-Accord in July 2018, with the Government of Canada committing $500 million over 10 years through Budget 2018. Under the Métis Nation Housing Strategy, Canada provides support for housing programming delivered by Governing Members of the Métis National Council and the Manitoba Métis Federation to address housing needs of Métis people.
In this reporting year, a combined 22 Housing Technical Working or Data Sub-Group meetings were held. The Technical Working Group is Métis-led and provides a productive forum for parties to collaborate, support the implementation of the Housing Strategy, and improve data collection practices. The success of housing initiatives implemented over the last year by Métis housing authorities, such as renovation and home buyers support programs, have been shared with federal partners through the newly integrated Métis Housing and Homelessness Technical Working Group, with a focus of this reporting year being the design of a housing needs assessment survey. The integrated Technical Working Group both responds to the stated needs of Métis partners in simplifying how they interface with federal partners on related issues such as housing and homelessness and builds on the momentum generated through the previous Housing Technical Working Group and Housing Data Sub-Group. CIRNAC and Métis partners have connected with federal colleagues in the Homelessness Policy Directorate at Infrastructure Canada (formerly Employment and Social Development Canada) to ensure coherence with housing and homelessness programs.
Budget 2021 invested $240 million over four years to address shovel-ready infrastructure projects through Métis-led infrastructure programming from the Métis Nation of British Columbia, Métis Nation of Alberta, Métis Nation-Saskatchewan, Manitoba Métis Federation, Métis Nation of Ontario, and the Métis Settlements of Alberta. These investments in Métis community infrastructure are the first direct federal infrastructure investment for Métis, and will begin to address the infrastructure gap that perpetuates the economic and social inequities that exist between Métis and non-Indigenous Canadians.
Child and Family Services
Since its enactment, CIRNAC has collaborated with ISC in implementing Bill C-92: An Act respecting First Nations, Inuit and Métis children, youth and families. At the end of this reporting period, 60 Indigenous governing bodies provided a notice or a request to exercise jurisdiction under Bill C-92, and almost 20 Indigenous governing bodies have begun trilateral coordination agreement discussions. These discussions with Indigenous governing bodies provide essential coordination for complex jurisdictional transition and to ensure successful implementation of Indigenous child and family service policies and laws based on each of their particular histories, cultures, and circumstances. These discussions have resulted in two coordination agreements with Cowessess First Nation and Wabaseemoong Independent Nations, with more agreements anticipated in the coming year. The Government of Canada will continue to work with Indigenous partners, provinces, and territories to respond to the priorities of Indigenous Peoples for child and family services reform, with a focus on the best interests of Indigenous children, cultural continuity, and substantive equality.
Advancing Northern Relationships
Arctic and Northern Policy Framework
The Arctic and Northern Policy Framework ('the Framework') was launched in September 2019 following its co-development with Indigenous, territorial and provincial partners, and with the more than 33 federal government departments and agencies that have responsibilities or interests in the Arctic and northern regions of Canada. The Framework is now being implemented with partners, beginning with the co-development of Framework governance approaches.
The Framework supports the Government's commitment to renewing Inuit-Crown, and government-to-government relationships based on a recognition of rights, respect, cooperation and partnership. It articulates a shared vision for a strong, prosperous and sustainable Arctic, and a set of principles that recognizes that decisions about the Arctic and the North will be made in partnership with northerners to reflect their rights, needs and perspectives. It additionally represents the need for ongoing reconciliation with Indigenous Peoples, building on the work of the Truth and Reconciliation Commission and other initiatives.
The Framework articulates eight goals with associated objectives, including, but not limited to: strengthening infrastructure to closes gaps with other regions of Canada; supporting strong, sustainable, diversified and inclusive local and regional economies; supporting healthy and resilient ecosystems in the Arctic and North; and advancing reconciliation to support self-determination and mutually respectful relationships between Indigenous and non-Indigenous peoples.
The reconciliation goal will be implemented by various collective actions across federal portfolios, including honoring and implementing the United Nations Declaration on the Rights of Indigenous Peoples, supporting self-determination and representation, strengthening Indigenous languages, completing devolution, and continuing to redress past wrongs against Indigenous Peoples.
Budget 2021 announced new measures to support Framework implementation and complement existing efforts to strengthen Arctic and northern communities by aligning federal investments with Framework goals and objectives. CIRNAC is making progress on implementing these goals, including on the investments committed to in Budget 2021. The political-level Leadership Committee for the Framework met in November 2020 and December 2021 with significant participation by Indigenous partners; these meetings provided co-development partners with opportunities to identify key funding priorities for the Arctic and the North. Several partner priorities received federal funding through Budget 2021, including support for housing in Nunavut and the Northwest Territories, climate change funding in Yukon, funding to support the transformation of Aurora College into a polytechnic university, and funding to expand CIRNAC's Nutrition North Canada program to address food insecurity.
Northern Housing
Canada's northern, remote and isolated communities face unique housing and infrastructure needs given the challenges presented by geography, climate change, limited infrastructure, location, and historic underfunding.
Given these challenges, the Government of Canada, through Budget 2021, provided $50 million dollars to the Governments of the Northwest Territories and Nunavut to respond to their housing needs. The funding provided to the Government of the Northwest Territories ($25 million) is to support the construction of 30 new public housing units across the Territory, while the funding ($25 million) provided to the Government of Nunavut is to support the Territory's short-term housing and infrastructure needs.
Furthermore, Budget 2021 allocated $18 million over four years for investments in northern communities to support social outcomes and respond to high priority needs such as urgent infrastructure gaps for First Nation communities in the Northwest Territories with non-reserve lands, and to Métis communities not represented by a Métis national Indigenous organization and not subject to a modern treaty or self-governing agreement. Allocation of this funding is based on community need.
The Government of Nunavut and the Northwest Territories received their respective Budget 2021 funding allocations, and the first portion of the funding was distributed to the Decho, Akaitcho, Northwest Territories Métis and the North Slave Métis Alliance based on their submitted Action Plans.
Northern Food Security
The Nutrition North Canada (NNC) program helps make nutritious food and some essential items more affordable and more accessible to residents of isolated communities without year-round surface access. NNC supports eligible communities in three ways: a retail subsidy to help offset the high cost of groceries in the north; a Harvesters Support Grant which increases access to country foods by providing funding to support traditional hunting, harvesting and food sharing in isolated communities; and nutrition education initiatives delivered through ISC and the Public Health Agency of Canada.
The NNC retail subsidy is applied against the cost of eligible food and other items in 122 isolated communities that lack year-round surface transportation (road, rail, marine), with the goal of increasing affordability and access to market food. Program enhancements were introduced in 2020-21 in response to the COVID-19 pandemic, including an additional $25 million to increase subsidy rates, expand the list of subsidized items, and support community isolation measures. In 2021-22, these supports remained in place to address the ongoing needs of northerners. In the past year, the program also added six communities to those eligible for the program, and provided approximately $138 million in retail food subsidies overall.
In addition to NNC's retail subsidy, the program is also providing direct support to made-in-the-North food security solutions that extend beyond store-bought market food. As a key example, the Harvesters Support Grant (HSG) was implemented in early 2020, its design directly informed by feedback from Indigenous partners. The HSG is one of the first initiatives developed recognizing a decolonized model recommended by the TRC and MMIWG Commissions. It encourages self-determination and local decision making where recipient organizations and communities develop and deploy their own solutions, based on traditional decision-making and local priorities, positioning government in a supportive role. The program provides flexible funding, allowing communities to respond to individual needs and evolve local food systems over time. The HSG provides grant funding through partnerships with Land Claim Organizations, Self-Government entities and Indigenous organizations to support hunting, harvesting and food sharing activities and networks in 108 eligible communities.
Nutrition North programming is directly informed by the NNC Advisory Board which reports to the Minister of Northern Affairs, and two working groups - the Indigenous Working Group, and the Inuit Crown Food Security Working Group. Each of these partnerships are key to the program's continued evolution. In June 2021, the Advisory Board welcomed four new members with extensive experience living and working within NNC's broad delivery area. Strong northern and Indigenous representation on the Advisory Board is helping to inform ongoing improvements to NNC's programming.
This past year, through its established network of Indigenous and community partners, NNC co-developed options to allocate the Budget 2021 allocation of $163.4 million to support northern food security priorities. These options contribute in part to the department's response to the Inuit Nunangat Food Security Strategy, released in July 2021 by Inuit Tapiriit Kanatami, and inform the direction of NNC moving forward in supporting local food systems comprised of market, traditional, and locally grown foods.
Post-Secondary Education Initiatives
As part of the Arctic and Northern Policy Framework implementation, Budget 2019 announced a number of new targeted Arctic and Northern investments to support post-secondary education.
In October 2020, CIRNAC launched the Task Force on Post-Secondary Education in the North, the establishment of which had been announced in Budget 2019. The establishment of the Task Force was a key priority for the Government of Canada as identified in the mandate letter for the Minister of Northern Affairs. The Task Force is comprised of 13 members nominated by Northern governments, Indigenous organizations and co-development partners of the Arctic and Northern Policy Framework.
In 2021, Task Force members led public engagement sessions both in the north and elsewhere. These recommendations, which will address gaps in post-secondary education across the North and Arctic, have been formulated into a final report (PDF) which was published on March 31, 2022. Recommendations are expected to be framed broadly so that they may be applicable across the region, rather than being explicitly aimed at any given jurisdiction or educational institution.
Climate Change Programs
The impacts of climate change are already being felt across Canada and include social, cultural, ecological and economic implications. Indigenous peoples are among the most exposed to climate change impacts because of their locations, close relationship with the land and its resources. As well, climate change exacerbates existing challenges and health stressors, such as the housing and infrastructure deficits, that are persistent across Indigenous and northern communities, and lower health outcomes among Indigenous peoples.
CIRNAC is working with Indigenous partners, and in collaboration with Environment and Climate Change Canada and other departments, to promote equitable Indigenous access to federal funding, and to advance Indigenous Climate Leadership and self-determined climate action through all Government of Canada climate programs. This work is supported by commitments under Canada's new Strengthened Climate Plan to co-develop – on a distinctions basis – an Indigenous Climate Leadership agenda and decision-making guidance, under which self-determination is the key principle. Indigenous climate leadership means investing in the agency of Indigenous peoples and communities, supporting Indigenous-led and delivered solutions, equipping Indigenous peoples with equitable resources, and ensuring appropriate access to funding to implement self-determined climate action. Co-developing and advancing an Indigenous Climate Leadership agenda will aim to build regional and national capacity and progressively vest authorities and resources for climate action in the hands of First Nations, Inuit, and Métis representative organizations.
Best practices for engagement, program design and implementation were developed with First Nations, Inuit, and Métis partners through the joint bilateral climate change tables in the form of Decision-Making Guidance. It identifies key considerations and practical steps that departments/programs can take to ensure that federal climate initiatives advance self-determination and that program funding is wholly accessible to Indigenous communities. A next step is implementing the Decision-Making Guidance within the government policy cycle at all stages of program development and implementation.
CIRNAC's current climate change programs were developed based on engagement with Indigenous communities, representative organizations and past recipients. The programs take a collaborative and capacity building approach, working with communities and Indigenous organizations, as well as other stakeholders such as provincial and territorial governments, to first identify priorities and then provide direct funding support to Indigenous communities to: monitor and collect local climate data and information; conduct assessments to identify the impacts of climate change and plan to address these risks; plan for and implement community renewable energy projects; and, engage in policy discussions on climate action.
The programs are: First Nation Adapt, Indigenous Community-Based Climate Monitoring, Climate Change Preparedness in the North, Northern Responsible Energy Approach for Community Heat and Electricity, and Engaging Indigenous Peoples in Climate Policy. These five programs were designed to empower Indigenous peoples and northerners to take a leadership role in climate action. All projects are based on communities' self-determined priorities. Following different mechanisms tailored to each program, Indigenous peoples guide funding decisions and strategic direction through program advisory and review committees.
In fiscal year 2021-22, the five climate change programs invested over $37 million in 300 community driven projects in Indigenous and Northern communities across Canada. The specific project examples below highlight the opportunity to support reconciliation through place-based climate research and development of clean energy projects between April 1, 2021 and March 31, 2022:
- In British Columbia, the First Nation Adapt program supported the Lower Fraser Fisheries Alliance in the development of an Indigenous organization (the Emergency Planning Secretariat). The purpose of the Secretariat is to support Indigenous governance in the development of an emergency planning and preparedness regime for all-hazards management throughout S'ólh Téméxw. This project builds off of Natural Resources Canada's "Stó:lō All Hazards Workshop". One of the main goals of the Secretariat is to collaborate with regional First Nations to address communities' climate change concerns, and to ensure that these concerns are aligned and heard at regional flood management tables.
- The Indigenous Community-Based Climate Monitoring Program funded a project planned and led by Matawa First Nations Management in partnership with nine member First Nations in northern Ontario. The project aims to develop a regional climate monitoring initiative with a focus on addressing critical data gaps, capacity building, community engagement, and networking in support of their climate change adaptation planning initiatives.
- The Climate Change Preparedness in the North Program funded a project which seeks to engage Nunatsiavut beneficiaries and community members in monitoring the impacts of climate change to coastal areas and archaeological sites. Through annual community consultations, the project will also gather information about community priorities for mitigating the effects of climate change to archaeological sites, with the ultimate goal of formulating a Nunatsiavut Archaeology Climate Change Management Plan that will guide ongoing and future responses to climate change impacts.
- Northern REACHE is supporting Generation Power, a program led by Indigenous Clean Energy that provides Indigenous Youth with employment opportunities in Canada's clean energy sector. Indigenous youth are able to explore a variety of clean energy careers, build leadership and job skills, and develop a better understanding of the clean energy landscape. Participating employers will create a more culturally aware workplace and be better positioned to attract and retain Indigenous talent. In addition to providing funding support to Generation Power, Northern REACHE is a participating employer.
- The Engaging Indigenous Peoples in Climate Policy program is supporting the development of a Youth-led Yukon First Nations Reconnection Vision & Action Plan that will help guide Yukon First Nations and other communities, governments, and industry in responding to the challenges of climate change with actions that reflect a First Nations worldview.
Northern Abandoned Mine Reclamation Program
The Northern Abandoned Mine Reclamation Program, which commenced in 2020-21, continues to address the eight largest and highest risk abandoned mines in Yukon and the Northwest Territories. The Program has allowed the Department to implement long-term remediation contracts, which provide greater certainty and economic opportunities for Indigenous people, Northerners and communities affected by these projects.
In the past, Indigenous communities located near these large mines did not realize any benefits from the operation of the mines and were left with contamination on their lands following abandonment. The Northern Abandoned Mine Reclamation Program ensures that communities and Indigenous groups are involved in all aspects of the remediation projects through employment, training and business opportunities which provide an opportunity for self-determination and economic reconciliation.
Between April 1, 2021, and March 31, 2022, the Department made progress towards these goals by advancing project-specific socio-economic frameworks and benefit plans in partnership with Indigenous communities and territorial partners. For example, at the Giant Mine Remediation Project in the Northwest Territories, the Department signed a Community Benefits Plan Agreement with an affected First Nation, which includes up to $20 million over ten years to support socio-economic development opportunities. In the Yukon, the majority of new contracts on the Faro Mine Remediation Project will require successful bidders to develop a socio-economic strategy in addition to making commitments to maximize employment, training, and subcontracting opportunities for members of the local Indigenous community affected by the project. One example of the impact of this commitment was an agreement between a subcontractor and the local community to have more residents employed in the undertaking of on-site environmental monitoring.
The Northern Abandoned Mine Reclamation Program also advances reconciliation through consultation and engagement with affected Indigenous communities throughout the full project lifecycle. An example of this was at the Great Bear Lakes Remediation Project in the Northwest Territories, where the Department hosted a site tour for community members, as well as a Town Hall event to provide community members with an overview of the project and a forum for questions and answers. Building and maintaining strong relationships with Indigenous partners is essential to the success of the program, and partners will continue to inform the Department's approach to cleaning up the eight largest and most complex abandoned mines in its portfolio.
Nunavut Devolution
The devolution of responsibility over lands and resource management to the territory is a long-standing federal policy objective and is a top priority under the Government of Canada's agenda to advance reconciliation. Placing decision-making powers over lands and resources into the hands of Nunavummiut, ensures that economic and other benefits of resources development in the region are shared with the people of Nunavut. Devolution fosters the spirit of reconciliation by renewing the Inuit-Crown relationship and advances self-determination for Inuit and all Nunavummiut. Devolving Northern governance also strengthens the territories' role in Canada.
Following the signature of the Agreement-in-Principle (AIP) in 2019, which completed a significant milestone in the devolution process, the next step is negotiating the Final Agreement. As an initial priority of the AIP, a Transitional Human Resources Development Strategy was approved by all parties in September 2020 and supports self-determination and self-governance among Indigenous Peoples. The Strategy is essential for the successful future implementation of devolution as it outlines an approach for transfer of staff, training of new human resources, and meeting the needs of legislated responsibilities. The Strategy aims to maximize Inuit employment at all levels within positions that will be created as a result of devolution, as well as ensuring that the Government of Nunavut will have the necessary human resource capacity to discharge its responsibilities.
Nunavut Region
Implementation of Article 23 of the Nunavut Agreement
In an effort to meet Article 23 requirements of Inuit employment obligations under the Nunavut Agreement, with the objective to increase Inuit participation in government employment in the Nunavut Settlement Area to a representative level, the CIRNAC Nunavut Regional Office continues to implement and update its departmental Inuit Employment Plan and support the development of the Whole-of-the Government Inuit Employment Plan. As the federal lead in the implementation of the Nunavut Agreement and the largest federal employer in Nunavut, CIRNAC-NRO has taken on the leadership role in implementing the federal commitments for the Inuit employment in Nunavut.
As a result of this ongoing work, the CIRNAC Nunavut Regional Office has met its short-term targets and is on track to meet its medium-term targets as outlined in the departmental Inuit Employment Plan. CIRNAC has increased Inuit employment from 23% in 2017 to 35% in April 2020 and in Q3 of 2021/2022 to 44.4% of filled positions.
Implementation of Article 24 of the Nunavut Agreement
Under Article 24 of the Nunavut Agreement, the government is required to provide reasonable support and assistance to Inuit firms to enable them to compete for government contracts, which includes supply of goods and services, construction and real property leases. The Treasury Board Directive on Government Contracts, Including Real Property Leases, in the Nunavut Settlement Area, which came into effect on December 20, 2019, gives clarity and direction to federal departments to ensure that government contracting in the Nunavut Settlement Area meets the Government of Canada's obligations under Article 24.
In an effort to support the implementation of both Article 24 and the Treasury Board Directive, the CIRNAC Nunavut Regional Office has created two new positions which will be based in Nunavut to support Inuit firms in competing for government contracts.
Yukon Region
The Yukon Region leads the Government of Canada's work with the 11 Self-Governing Yukon First Nations. This includes managing Self-Governing Yukon First Nations' fiscal transfers, transferring control of federal programs and services, and related funding, from Canada to Self-Governing Yukon First Nations, negotiating amendments to Financial Transfer Agreements, and contributing to national policy developments that directly impact Self-Governing Yukon First Nations.
Between April 1, 2021 and March 31, 2022, the Yukon Region successfully ratified 44 Financial Transfer Agreements amendments in the areas of infrastructure, water/wastewater, skills and employment, and child and family services; and 43 Program Service Transfer Agreements for programs and services delivered by ISC, Canadian Heritage and CIRNAC. This work continues to support the Government of Canada's fundamental shift in how the rights and needs of Indigenous Peoples are addressed by providing a framework for local control over local programs and services.
Northwest Territories Region
Yellowknives Dene First Nation Collaborative Process
In November 2020, the Yellowknives Dene First Nation wrote to Canada seeking an apology and compensation for alleged infringements of their Aboriginal Rights, Treaty Rights, and Aboriginal Title, as well as harm to the First Nation's members and their way of life arising from Canada's conduct with respect to the approval and regulation of the Giant Mine. Funding has been provided to the Yellowknives Dene First Nation to conduct its own research to determine the possible effects of Giant Mine on their communities and any role Canada may have played.
In January and February 2021, the Minister of Northern Affairs and the Minister of Crown-Indigenous Relations met with Chief Edward Sangris and Chief Ernest Betsina to discuss next steps for the Yellowknives Dene First Nation's request for apology and compensation.
The Yellowknives Dene First Nation have identified three key areas of interest, known as benefits, including an apology and compensation for the historical operation of the Giant Mine; advancing social priorities; and benefits arising from the remediation of the Giant Mine site. To address those areas of interest, three agreements were signed by the Minister of Northern Affairs in August of 2021: The Collaborative Process Protocol Agreement (Benefit 1), Memorandum of Cooperation (Benefit 2), and Community Benefits Agreement (Benefit 3).
In 2021-2022, numerous meetings between Yellowknives Dene First Nation and CIRNAC officials took place to ensure the coordination of the agreements and that communication remains unencumbered. Advancements have been made and work is ongoing.
Conclusion
Moving forward, genuine collaboration and working in partnership will continue to be key factors to delivering meaningful results that will lead to improved outcomes for First Nation, Inuit and Métis in Canada. Equally, a whole-of-government approach will continue to be integral part to the relationship with Indigenous Peoples. While considerable work remains to be done, measures taken to-date demonstrate the strength of the government's commitment going forward.