Crown-Indigenous Relations Appearance before Standing Committee on Indigenous and Northern Affairs on the 2023-24 Supplementary Estimates (C)

Logistics

Date: March 20, 2024

Time: 4:30-6:30p.m.

Location: Wellington Building, Room 415

Subject: Supplementary Estimates (C) for the fiscal year ending March 31, 2024

Appearing

Committee Membership

• MP John Aldag (LIB – BC) (Chair)
• MP Jaime Battiste (LIB – NS)
• MP Ben Carr (LIB – MB)
• MP Anna Gainey (LIB – QC)
• MP Michael V. McLeod (LIB – NWT)
• MP Marcus Powlowski (LIB – ON)
• MP Jamie Schmale (CPC – ON) (Vice-Chair)
• MP Eric Melillo (CPC – ON)
• MP Martin Shields (CPC – AB)
• MP Bob Zimmer (CPC – BC)
• MP Sébastien Lemire (BQ – QC) (Vice-Chair)
• MP Lori Idlout (NDP – Nunavut)

Parliamentary Analysis

• MP John Aldag (LIB) (Chair), Chair of the Committee, may ask questions about ensuring that mental wellness services are Indigenous specific and culturally appropriate.
• MP Michael V. Mcleod (LIB) will likely ask questions that pertain to communities in his riding in the Northwest Territories, including the correlation between poor housing infrastructure and low school attendance. He will likely argue that funding for the Nutrition North Canada Program should be used to build roads to northern communities instead. He may ask questions about how Bill C-53 will impact resource sharing and development. He also may ask questions related to tuberculosis elimination strategies in Inuit and on-reserve areas, inconsistencies regarding medical travel escorts, and the inability for Métis children with autism to get support from Jordan's Principle.
• MP Marcus Powlowski (LIB) may ask questions about tuberculosis rates in the north and the opioid crisis. He may ask questions about whether Indigenous people should be able opt out of the Non-Insured Health Benefits (NIHB), as well ask about additions to reserve land for First Nations' economy recovery. He may ask questions about status and citizenship when it comes to Bill C-53.
• MP Jaime Battiste (LIB), Parliamentary Secretary to the Minister of Crown-Indigenous Relations, has been a strong advocate for First Nations, Métis, and Inuit issues throughout his career. He may point to Mi'kmaw Kina'matnewey as an example of how to implement self-governing agreements' sectoral education for BC First Nations, and to the Nova Scotia Native Women's Association and Velma's House as examples of creating emergency shelters and transition homes for Indigenous women and children experiencing violence. He may ask questions about Jordan's Principle.
• MP Ben Carr (LIB), may ask questions about child and family services, as well as the opioid crisis. He may also ask about the role of youth and students in advancing the rights of Indigenous people, in relation to Bill C-53.
• MP Jaime Schmale (CPC) (Vice-Chair), Vice-Chair of the Committee and CPC Critic for Crown-Indigenous Relations and Critic for Indigenous Services, will likely highlight economic reconciliation in his questions. He may ask questions related to the department's progress on payments for out-of-court settlements and for information on the Nutrition North Canada Program's targets and timelines. He may ask for updates about MMIWG recommendations and a Red Dress Alert, and be critical of how slow the Government has been to act on this. He may also ask questions about the failure to provide Indigenous communities with support to manage environmental emergencies like floods and wildfires. He may be critical of Bill C-61, and will likely ask questions related to remaining boil water advisories on reserves and ISC's failure to provide Indigenous communities with support to manage environmental emergencies like floods and wildfires.
• MP Eric Melillo (CPC), may ask questions about food insecurity, medical transportation in northern and remote communities, the Grassy Narrows care facility, and infrastructure gaps in indigenous communities. He may criticize the Nutrition North program. His questions will likely support an economic reconciliation approach.
• MP Bob Zimmer (CPC) is the CPC Critic for Northern Affairs and Arctic Sovereignty, as well as the Critic for the Canadian Northern Economic Development Agency. He has previously asked for breakdowns of funding for several Specific Claims by community. He may ask questions about the funding for the Nutrition North Canada Program needing to benefit people rather than corporations, as well as about Artic security and defense. He may ask questions regarding boil water advisories in Indigenous communities and cancelled or delayed critical infrastructure projects in Nunavut.
• MP Martin Shields (CPC) may ask questions about food insecurity.
• MP Sébastien Lemire (BQ) (Vice-Chair), critic of Crown-Indigenous Relations and Northern Affairs, will likely ask questions related to funding for the TRC's Calls to Action, wildfires, water insecurity, and housing. He may also ask about the lack of Indigenous consultation on Bill C-61 and other bills.
• MP Lori Idlout (NDP), the critic of Crown-Indigenous Relations and Northern Affairs, will likely ask questions that pertain to her riding in Nunavut. She will likely be critical about the sunsetting of funding for various ISC programs, including ones for mental health and wellness, the legacy of residential schools, Jordan's principle, the Inuit Child First Initiative, and housing, water, and community infrastructure. She may ask about the correlation between poor housing and health issues, a lack of affordable housing in Nunavut, funding for infrastructure, water infrastructure challenges on reserves, and the low funding for education infrastructures, including calling for the funding of 13 Inuit-language and cultural schools in the near future. She may also ask about health, tuberculosis rates, medical transportation in the North, and the Grassy Narrows care facility. She will likely be critical of the funding for the Nutrition North Canada Program benefiting corporations rather than people in the north. She may ask questions related to reconciliation, including on Bill S-16, Red Dress Alert, MMIWG, unmarked graves, and Nunavut devolution. In regards to Bill C-38, she has been vocally critical about the Bill not addressing or preventing discrimination towards Indigenous women and their families, failing to address the second generation cut-off, and preventing victims who faced discrimination from these policies from receiving reparations. She has stated that she struggles to support the Bill because it does not go far enough, does not meet UNDRIP, and continues to be a sexist policy.

Recent INAN studies, reports and government responses

• Restitution of Land to First Nations, Inuit, and Metis Communities (last meeting on February 26, 2024)
• Improving Graduation Rates and Successful Outcomes for Indigenous Students (last meeting on February 14, 2024)
• Report 12 - Bill C-53, An Act respecting the recognition of certain Métis governments in Alberta, Ontario and Saskatchewan, to give effect to treaties with those governments and to make consequential amendments to other Acts (presented on February 8, 2024)
• Government Response to Report 11 – Food Security in Northern and Isolated Communities: Ensuring Equitable Access to Adequate and Healthy Food for All (presented on January 29, 2024)
• Government Response to Report 10 – Arctic Security and Sovereignty, and the Emergency Preparedness of Indigenous Communities (presented on October 19, 2023)
• Government Response to Report 9 – Reclaiming, Revitalizing, Maintaining and Strengthening Indigenous Languages in Canada (presented on October 16, 2023)
• C-51 – An Act to give effect to the self-government treaty recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate and to make consequential amendments to other Acts (last meeting on June 19, 2023)
• Report 8 on Main Estimates 2023-24 (presented on May 30, 2023)
• Report 7 – Bill C-45, An Act to amend the First Nations Fiscal Management Act, to make consequential amendments to other Acts, and to make a clarification relating to another Act (presented on May 12, 2023)
• Government Response to Report 6 – Moving Towards Improving the Health of Indigenous Peoples in Canada: Accessibility and Administration of the Non-Insured Health Benefits Program (presented on April 17, 2023)

In the Media

• Anand repurposing $10.5 billion to hike spending on health care, housing over three years
• Ottawa wants billions more for debt, defence, Indigenous kids
• Anand Presents Supplementary Estimates
• Trudeau government unveils plans to divert money from some departments for new priorities
• PBO report on Supplementary Estimates (C) 2023-24

Meeting Proceedings

The meeting is scheduled for March 20, 2024, from 4:30 p.m. until 6:30 p.m.

The Chair will call the meeting to order and provide instructions for the meeting proceedings. They will then introduce the witnesses and invite the witnesses to deliver opening remarks (limit of 5 minutes). This will be followed by a Q&A period (details below).

It is recommended that all speakers speak slowly and at an appropriate volume to ensure they are heard by the interpreters. All witnesses are asked to mute their microphones unless they are speaking.

Following the opening remarks, there will be rounds of questions from Committee members (as listed below). The rounds of questioning will repeat when the second panel commences in the second hour.

Committee members will pose their questions in the following order:

• First round (6 minutes for each Party)
  • Conservative Party of Canada
  • Liberal Party of Canada
  • Bloc Québécois
  • New Democratic Party of Canada
• Second round
  • Conservative Party of Canada (5 minutes)
  • Liberal Party of Canada (5 minutes)
  • Bloc Québécois (2.5 minutes)
  • New Democratic Party of Canada (2.5 minutes)
  • Conservative Party of Canada (5 minutes)
  • Liberal Party of Canada (5 minutes)

The meeting can be watched via ParlVU, however there may be an up to 70-second delay with the webcast.

Other Information for Appearing In-Person

Witnesses should arrive early to allow time for security screening. Screening could take 30 minutes or more for those without a Hill pass.

2023-24 Supp Estimates B

Supplementary Estimates B included key initiatives and new funding totaling approximately $9.1 billion, including:

$5.8 billion in Vote 1 Operating:

• $5.0 billion for the Restoule Settlement Agreement;
• $651 million for the Federal Indian Day Schools Settlement (McLean); and
• $42.2 million for the Northern Abandoned Mines Reclamation Program (Reprofile).

$3.3 billion in Vote 10 Grants and contributions:

• $1.7 billion to settle land related claims and litigation;
• $596 million in Reprofiled funding for the Specific Claim Settlement Fund;
• $593.2 million for Compensation Related to Losses Incurred Through the Diminishing Purchasing Power of Annuity Payments with Treaty 8 First Nations;
• $204.0 million to resolve the Lac Seul First Nation's Treaty 3 Flooding specific claim and associated litigation; and
• $90.3 million for legacies mandate payments to four Northern British Columbia Indigenous groups.

2023-24 Supp Estimates (C)

Supplementary Estimates (C) contain $23.9 million for key initiatives, including:

Vote 10 Grants and contributions:

• $5.3 million from the Department of Employment and Social Development to support Indigenous Early Learning and Child Care ;
• $4.7 million to promote strong intergovernmental relations with Indigenous Modern Treaty and Self-Governing partners to advance measures, and to create a Secretariat within the UN Declaration Act Action Plan 2023-2028; and
• $4.0 million to offset pressures related to the Truth and Reconciliation Calls to Action 74 to 76 for Residential Schools Missing Children Community Support funding.
• $9.0 million Funding to Address Urgent Capacity Requirements for Indigenous Organizations in the Northwest Territories due to Wildfires.

2024-25 Main Estimates

CIRNAC 2024-25 Main Estimates of $10.9 billion

This is a net increase of $1.8 billion in comparison to the 2023-24 Main Estimates of $9.1 billion and is primarily attributable to the increase in funding the department received for the settlement of claims and litigation. More Specifically, the net increase in funding is largely related to:

• $4.2 billion in funding for settling various Specific Claims;
• $0.6 billion in funding to settle the Federal Indian Boarding Homes (Percival) Litigation;

Partially offset by:

• decrease of $3 billion in funding for the Gottfriedson settlement.

CIRNAC's 2024-25 Main Estimates of $10.9 billion is lower than the 2023-24 Total Estimates of $26.5 billion by $15.6 billion. This decrease in funding mostly reflects the settlement of Indigenous claims and litigation in 2023-24, including:

• One-time payment of $5 billion to settle Restoule.
• "Funding to settle land-related claims and litigation" of $1.6 billion
• Funding levels for Specific Claims are $3.3 billion lower than in 2023-24 but reprofiles of unspent 2023-24 funds into 2024-25 will increase levels.

The department expects the 2024-25 budgetary authorities to increase throughout the year, in the same manner as it did in 2023-24, as new Budget announcements are approved and compensation payment funding is advanced to the department for the payment of claims.

3a. Main Estimates

3b. Supplementary Estimates (C)

• Organization Summary - Table 51
• Explanation of Requirements - Table 52
• Listing of Transfer Payments - Table 53
• Listing of Statutory Authorities - Table 54
• Items for inclusion in the Proposed Schedules to the Appropriation Bill
• Statutory Forecasts
• Expenditures by Purpose
  • Non-Budgetary
    • Organizations not included in these Estimates
      • Estimates to Date: $25,903,000
      • Revised Estimates: $25,903,000
    • Total Non-budgetary
      • Estimates to Date: $25,903,000
      • Revised Estimates: $25,903,000
• Budgetary Expenditures by Standard Object
• Frozen Allotments in Voted Authorities
  • Total Frozen Allotments:
    • Reprofile: $2,336,052,321
    • Reduction: $3,926,000
    • Other: $1,545,355,944
    • Total: $3,885,334,265

Key Messages

• The 2023-24 Supplementary Estimates (C) includes funding for CIRNAC initiatives totaling approximately $23.9 million for Crown-Indigenous Relations and Northern Affairs Canada.
• Of these total Supplementary Estimates amounts, $14.9 million is for Crown–Indigenous Relations.

Background

• The 2023-24 Supplementary Estimates (C) for all departments was tabled in the House of Commons by the President of the Treasury Board on February 15, 2024.
• Supplementary Estimates (C) will increase the department's 2023-24 total budgetary authorities from $26,473.9 million to $26,497.8 million, including $15.7 million in new funding and $8.2 million of transfers with other government departments.
• For Crown-Indigenous Relations specifically, these Estimates contain $14.9 million for the following key initiatives :
  • $5.3 million from the Department of Employment and Social Development to support Indigenous Early Learning and Child Care;
  • $4.7 million to promote strong intergovernmental relations with Indigenous Modern Treaty and Self-Governing partners to advance measures, and to create a Secretariat within the UN Declaration Act Action Plan 2023-2028; and
  • $4.0 million to offset pressures related to the Truth and Reconciliation Calls to Action 74 to 76 for Residential Schools Missing Children Community Support funding.

Current Status

• The funding in these Estimates will mostly be used to promote strong intergovernmental relations with Indigenous Modern Treaty and Self-Governing partners to advance measures and to create a Secretariat within the UN Declaration Act Action Plan 2023-28.
• The funding to create the UN Declaration Secretariat will enable coordination and streamlining of the department's efforts to meet the statutory obligations in the UN Declaration Act.
• Supporting strong intergovernmental relations with Indigenous Modern Treaty and Self-Governing partners includes activities related to policy co-development that supports Canada's Collaborative Self-Government Fiscal Policy and Canada's Collaborative Modern Treaty Implementation Policy.

CIRNAC - Sunset Funding in Approved Reference Levels

(amounts do not include PWGSC Accomodation charges and SSC Core Information Technnology Services and Loans)

Changes between 2024-25 Main Estimates and 2023-24 Forecast Spending in Grants and Contributions

Changes between 2024-25 and 2023-24 Main Estimates in Grants and Contributions

Key Messages

• The Government of Canada has consistently expressed its strong commitment to advancing reconciliation and renewing the relationship with Indigenous Peoples based on recognition of rights, respect, cooperation, and partnership.
• With this commitment top-of-mind, CIRNAC has taken a principle-based and careful approach to the Refocusing Government Spending initiative, which directed departments to reduce spending on consulting, professional services and travel by 18.5% starting in 2023-24, and Phase in a 3.3% reduction of eligible spending by 2026-27.
• The Department maintains its commitments to implement the Truth and Reconciliation Commission's Calls to Action, the Missing and Murdered Indigenous Women and Girls and 2SLGBTQQIA+ peoples Calls for Justice, the Inuit Nunangat Policy, the Arctic and Northern Policy Framework, Canada's Collaborative Modern Treaty Implementation Policy and the United Nations Declaration on the Rights of Indigenous Peoples Act.
• To ensure continued progress on these key priorities and the broader reconciliation agenda, the Department focused its savings efforts on identifying efficiencies within its own operations, including internal services.
• Our approach was based on the following principles:
  • Prioritize direct benefits to Indigenous Peoples and Northerners;
  • Consider the department's mandate and whole-of-government leadership role;
  • Respect obligations arising from legislation or signed agreements; and,
  • Consider alignment with government priorities, such as Missing and Murdered Indigenous Women and Girls and 2SLGBTQQIA+ peoples.
• During this exercise, the Treasury Board Secretariat exempted a large portion of transfers to Indigenous partners.
• Recognizing the critical importance of direct funding transfers provided to Indigenous governments, organizations and partners, 90% of CIRNAC's funding was exempted. These include funding for contaminated site remediation, settlements, claims, modern treaties, self-government and other recognition agreements.
• In addition, Treasury Board has provided more time for the Department to discuss its proposals with Indigenous partners to ensure all considerations have been noted. These discussions will take place over the coming months.

Background

• As part of the Refocusing Government Spending Exercise, by 2028-29, CIRNAC is planning to reduce operational funding (Vote 1) by $81.5 million and Grants and Contributions (Vote 10) by $62.4 million. Beyond that, operational spending will continue to be reduced by $17.5 million/year, and Grants and Contributions will be reduced by $16.2 million/year (see Program-Level Data below).
• CIRNAC has obtained approval from Treasury Board Secretariat to proceed in implementing the following measures starting fiscal year 2024-25:
  • Implementing efficiencies and increasing oversight in internal and external departmental operations;
  • Reducing travel by maximizing the use of communications technologies and focusing on work with partners where there is the greatest potential for resolution and advancement of shared priorities;
  • Prioritizing the use of professional services by focusing on the negotiation and reconciliation agenda; and,
  • Reducing grants and contributions following discussions with partners, by targeting areas that will minimize impacts on communities and/or in areas where the funding has not been fully utilized.

Current Status

• Due to the nature of CIRNAC's programming, any reductions will have direct and indirect impacts on Indigenous partners.
• Treasury Board has provided more time for the Department to discuss its proposals with Indigenous partners to ensure all considerations have been noted. These discussions will take place over the coming months.
• The reductions for 2023-24 are for travel and professionals services:
  • Travel: Expenditures were $5.2 million in 2022-23. Community meetings are important to renewing relationships with Indigenous partners and to support negotiations. CIRNAC plans to reduce its travel but recognizes that it must continue to ensure relationships are maintained.
  • Professional Services: Expenditures were $402.4 million in 2022-23. The majority of spending in this area was exempted from reductions. The remaining funding relates to contracts for expert witnesses, legal services and researchers to further claims negotiations.

Program-Level Data

[redacted]

Key Messages

• The alarming number of incidences of violence, discrimination, and abuse in our country against Indigenous women, girls, and 2SLGBTQI+ people cannot be ignored.
• The Government of Canada believes that supporting survivors, victims, their families, and communities, is always the right course of action to take, and it requires the full support of all levels of government.
• The families of Morgan Harris and Marcedes Myran, along with many communities, organizations, and people across the country have asked the federal and provincial governments to search the Prairie Green Landfill for the remains of these two murdered First Nation women. We have heard these calls and will continue to work in partnership with Indigenous leaders, families, survivors, communities and the Government of Manitoba to support healing and closure in a culturally sensitive and trauma-informed way.

Background

• On December 5, 2022, Winnipeg Police Service informed the families of Morgan Harris and Marcedes Myran that the women, both from Long Plain First Nation, were the victims of homicide and that it was believed their remains were located in the privately operated Prairie Green Landfill. Both families were also informed that evidence had been gathered to support first degree murder charges and that Winnipeg Police Service did not plan to search the Prairie Green Landfill as part of the homicide investigation.
• Jeremy Skibicki has been charged with first degree murder in the deaths of four Indigenous women: Rebecca Contois, Morgan Harris, Marcedes Myran and an unidentified woman the community has named Mashkode Bizhiki'ikwe (Buffalo Woman). His trial is scheduled to begin in April 2024.
• In response to calls from the families of the murder victims and Manitoba First Nations leadership, in March 2023, CIRNAC provided $500,000 to the Assembly of Manitoba Chiefs to oversee a feasibility study to determine whether it is possible to recover human remains from the Prairie Green Landfill, and, if feasible, to provide direction in respect of an approach, associated timelines and related costs.
• On May 4, 2023, the Assembly of Manitoba Chiefs submitted to CIRNAC the Prairie Green Landfill Feasibility Study Report (the Feasibility Study). The Feasibility Study concludes that a search of the landfill: is feasible, but is not guaranteed to be successful; not conducting a search could cause considerable distress to the families of Morgan Harris and Marcedes Myran; could take between 12 and 36 months; could cost between $84,000,000 (12 months) and $184,000,000 (36 months); and would generate significant health and safety risks.
• On October 4, 2023, CIRNAC provided $740,000 to the Long Plan First Nation to develop detailed plans for undertaking a potential search of the Prairie Green Landfill. On January 24, 2024, CIRNAC received the Search the Landfill: Inter-Related Operational Planning Report (Planning Report). The Planning Report is not entirely consistent with the Feasibility Study.

Current Status

• A response to the Planning Report is currently being developed.

Program-Level Data

Missing and Murdered Indigenous Women and Girls / Red Dress

The National Inquiry into Missing and Murdered Indigenous Women and Girls: Calls for Justice

Key Messages

• The Indigenous right to self-government is an inherent right recognized and affirmed in section 35 of the Constitution Act, 1982, and the Government of Canada is committed to working with our Métis partners to achieve this vision of self-determination.
• Bill C-53 gives effect to future self-government Treaties that will address the same jurisdictions as the Self-Government Recognition and Implementation Agreements signed with each of the Métis Nation of Ontario, Métis Nation of Alberta and Métis Nation – Saskatchewan in February 2023. These jurisdictions are limited to internal governance, namely: citizenship, leadership selection and internal administration.
• Before concluding the future self-government Treaty with the Métis Nation of Ontario, the Métis – Nation Saskatchewan and the Métis Nation of Alberta, respectively, Canada will meaningfully undertake its duty to consult to ensure there are no adverse impacts on the rights of other Indigenous groups. These consultations, and any accommodations that may be required as a result, will precede those Treaties being given force and effect under Bill C-53, should the Bill ultimately be given Royal Assent.

Background

• Bill C-53 has the following purpose and objectives:
  • advancing the long-standing goal of the Métis people for recognition;
  • contributing to implementation of the United Nations Declaration on the Rights of Indigenous Peoples;
  • advancing the recognition of the inherent right of self-government of certain Métis collectivities in Alberta, Ontario and Saskatchewan; and
  • providing a legislative framework for the implementation of future self-government Treaties entered into by these particular Métis Governments and the Government of Canada.
• The Bill does not address harvesting or land-related matters and rights.
• The future self-government treaties contemplated in the legislation will only apply to the registered citizens of the Métis Nation of Ontario, Métis Nation of Alberta and Métis Nation – Saskatchewan.

Current Status

• Bill C-53 was introduced to the House of Commons on June 21, 2023. In February 2024, it was adopted with amendments by the Standing Committee on Indigenous and Northern Affairs.

Key Messages

• Negotiations on the Red River Métis Self-Government Recognition and Implementation Treaty ("the Treaty") are nearing completion as federal officials undertake section 35 consultation and other engagement activities on the draft Treaty.
• The bilaterally negotiated Treaty affirms the Manitoba Métis Federation's (MMF) inherent right of self-government under s. 35 of the Constitution Act, 1982. It recognizes the Government of the Red River Métis and its jurisdiction and authority over core governance, which includes citizenship, elections and internal affairs. It does not address harvesting or land-related matters and rights.
• The Treaty will only apply to Red River Métis citizens, i.e. individuals who have elected to register to be a citizen of the Red River Métis.

Background

• On July 6, 2021, Canada signed the bilateral Self-Government Recognition and Implementation Agreement (SGRIA) with the MMF.
• The SGRIA was legally binding, as a contract, on the Parties upon signature and provided immediate recognition of the MMF as the Indigenous government of the Manitoba Métis, including recognition of their jurisdiction over core governance matters, such as citizenship, elections, and internal administration.
• The SGRIA committed the Parties to negotiate a treaty on core governance, which would replace the SGRIA and take effect via implementing legislation.
• Like the SGRIA, the Treaty recognizes the MMF as the Indigenous Government of the Red River Métis, with jurisdiction over core governance matters.
• The Treaty is an incremental approach to self-government. It is currently limited to internal governance and operations, citizenship and elections, and sets out a process for negotiating additional jurisdictions that would be added to the Treaty by way of amendment. Should the MMF seek to negotiate additional jurisdictions, consultation will be undertaken with potentially impacted Indigenous groups.

Current Status

• On August 24, 2023, Canada initiated section 35 consultation and other engagement activities with potentially impacted Indigenous groups on the draft Treaty.
• The Government of Canada's consultation process is iterative and needs to be responsive to the scope and content of concerns raised by consultees. As such, there is no firm timeline on when the process "ends". However, federal officials continue to work diligently to meet Canada's consultation obligations in a timely manner.

Key Messages

• The 2021 Supreme Court of Canada's decision in Desautel confirmed that Indigenous peoples residing in communities outside Canada may be considered "aboriginal peoples of Canada" under the Canadian Constitution and may therefore hold Section 35 Aboriginal rights in Canada in certain circumstances.
• Canada's intent is to address the Supreme Court's decision in a way that respects our commitment to reconciliation with Indigenous peoples, and is consistent with key interests such as constructive foreign relations.

Background

• In 2010, Richard Desautel, a United States citizen, was charged with hunting without a licence contrary to British Columbia's Wildlife Act after having shot and killed an elk in British Columbia. Mr. Desautel defended the charges arguing that he had an Aboriginal right to hunt, protected by s. 35(1) of the Constitution Act, 1982, as he is a member of the Lakes Tribe based in the State of Washington, a successor group of the Sinixt ("sin-ahy-xt") people who occupied Canadian territory.
• The Provincial Court of British Columbia acquitted Mr. Desautel and found that he was exercising an Aboriginal right to hunt in the Sinixt's traditional territory in British Columbia.
• On April 23, 2021, the Supreme Court of Canada (SCC) upheld the decision of the Provincial Court judge and concluded that the expression "aboriginal peoples of Canada" means the "modern-day successors of Aboriginal societies that occupied Canadian territory at the time of European contact."
• Canada previously considered "aboriginal peoples of Canada" to refer to Indigenous collectives located in Canada. Negotiations by Canada have, to date, only considered domestic rights-bearing collectives and not groups located outside of Canada. As a result of the SCC decision, Indigenous groups located outside of Canada can be "aboriginal peoples of Canada" and hold s. 35 rights.
• The Court stated that section 35 rights of those non-resident collectives are only exercisable in Canada and that the different circumstances of communities outside Canada may lead to different results.

Current Status

• Canadian officials are working to develop an approach that will balance a number of interests, including:
  • adopting processes to respond to assertions by non-resident groups who are determined to be "aboriginal peoples of Canada;"
  • ensuring that the rights and interests of resident Indigenous groups are respected; and
  • ensuring compatibility with other key national interests, including foreign relations, international obligations and border considerations.

Key Messages

• Honouring the treaty relationship and working in partnership with First Nations is key to advancing lasting reconciliation. Negotiated settlements provide fair compensation to First Nations to help address past wrongs and honour treaty obligations.
• As announced in June 2023, we have co-developed a settlement with Ontario and the Robinson Huron Treaty First Nations. The goal of the settlement is to deliver on an unfulfilled treaty promise and pay an outstanding debt to the First Nations that dates back to 1850.
• This settlement is an opportunity to renew our treaty relationship and create new opportunities for the 21 Robinson Huron Treaty First Nations to invest in a brighter future for their communities.

Background

Key Messages

• In March 2023, Canada and the Regroupement Petapan have agreed on the federal stakes of a proposed tripartite treaty. However, Quebec is still addressing some outstanding issues.
• Canada remains committed to working in a spirit of reconciliation and partnership to define a new relationship based on the Treaty.
• Canada is committed to fulfilling its consultation obligations with all Indigenous groups concerned prior to signing the Treaty. However, we have not yet reached the consultation stage, which will commence when we reach a tripartite consensus on a draft Treaty.
• When territorial overlap issues arise, Canada always encourages Indigenous groups to find solutions among them.

Background

• The Regroupement Petapan includes three Innu communities in Québec: Mashteuiatsh, Essipit, and Nutashkuan, with a combined population of over 13,000 members. Tripartite negotiations began in 1980 on the Innu's comprehensive land claim.
• On March 31, 2004, Canada, Quebec, and the Mamuitun mak Nutashkuan Tribal Council (now Regroupement Petapan) signed a general agreement in principle. In 2004, four Innu communities signed the agreement, but one of them (Pessamit) has since left the negotiation table.
• Negotiations on a final treaty have since been pursued. In March 2023, Canada and Regroupement Petapan reached an agreement on federal issues of the draft tripartite treaty. However, Quebec is still seeking clarification on certain aspects of the draft treaty and a tripartite consensus still needs to be achieved. This situation is exasperating the Innu Chiefs who repeatedly asked Quebec to conclude the negotiation.

Current Status

• If the three parties reach consensus and agree on a draft Treaty, the consultation process with other Indigenous groups potentially impacted by the terms of the Treaty will begin.

Key Messages

• The Government of Canada has been working in partnership with the Haida Nation and British Columbia to renew and strengthen our nation-to-nation relationship through negotiations.
• Bill S-16 implements commitments made by Canada in the Nang K̲'uula • Nang K̲'úulaas Recognition Agreement, the first reconciliation agreement reached between the parties under a renewed process of negotiations.
• The Bill is an important step toward future reconciliation agreements between the Haida Nation and the Crown – "people working together to make it right".

Background

• The traditional territories of the Haida Nation are centered on Haida Gwaii, a group of over 200 large and small islands off the north coast of British Columbia.
• In August 2021, the Haida Nation, British Columbia and Canada entered into the GayG̱ahlda • Kwah.hlahl.dáyaa "Changing Tide" Framework for Reconciliation, setting out an incremental approach to the negotiation of reconciliation agreements.
• In July 2023, the parties concluded the signing of the Nang K̲'uula • Nang K̲'úulaas Recognition Agreement (Nang K̲'uula • Nang K̲'úulaas), the first tripartite agreement reached through this renewed process of negotiations.
• Through Nang K̲'uula • Nang K̲'úulaas, Canada and British Columbia recognized the Haida Nation as the holder of inherent rights of governance and self-determination, and the Council of the Haida Nation as the governing body of the Haida Nation.
• Canada and British Columbia agreed to develop legislation required to implement sections of Nang K̲'uula • Nang K̲'úulaas that relate to the legal status and capacity of the Council of the Haida Nation, and the liabilities of Haida representatives and public officials.
• British Columbia passed provincial legislation in May 2023. The federal Bill S-16, An Act respecting the recognition of the Haida Nation and the Council of the Haida Nation, was introduced in the Senate on February 8, 2024.

Current Status

• The first reading of Bill S-16 took place in the Senate on the date the Bill was introduced. Timing for the second reading of the Bill is pending.
• If the legislation is passed, the Bill will proceed to receive Royal Assent and become federal law that is binding on governments and other parties.
• In the meantime, work is continuing at the reconciliation table on the next set of negotiation priorities, focused on the terrestrial area of Haida Gwaii.

Key Messages

• Addressing the ongoing legacy of residential schools is an urgent priority for the Government of Canada.
• The Residential Schools Missing Children Community Support Fund allows Indigenous communities and families to undertake community-led and Survivor-centric initiatives to research, locate, and document burial sites associated with former residential schools, as well as memorialize deaths of children and return children's remains home.
• Communities are in varying stages of readiness to address this work. Many communities have completed planning for undertaking steps to locate missing children through archival research, oral statement gathering, various geophysical and survey methods, and in some cases, findings have been publicly announced.

Background

• The Truth and Reconciliation Commission's Calls to Action 74 to 76 sets out an approach to honour missing children and undocumented burial sites of Indian Residential Schools.
• On May 27, 2021, Tk'emlúps te Secwepemc announced over 200 potential unmarked burials of children at the site of the former Kamloops Indian Residential School. This event triggered Indigenous communities and residential school Survivors across the country to look to finding the missing children at other residential schools.
• On June 7, 2021, Crown-Indigenous Relations (CIR) launched the Residential Schools Missing Children Community Support Fund to provide support to Indigenous communities and partners to develop and implement community-led initiatives to locate, document, and memorialize undocumented burial sites associated with Residential Schools and to honour families' wishes to identify and repatriate children's remains. These include 140 residential schools included in the Indian Residential Schools Settlement Agreement and the 5 included in the Newfoundland and Labrador Residential Schools Settlement Agreement.

Current Status

• The total investment to date for the implementation of Calls to Action 74 to 76 is $232.1 million. As of February 27, 2024, CIRNAC has received 171 formal requests for funding from Indigenous communities and organizations under the Residential Schools Missing Children Community Support Fund, totaling over $502.7 million, and 146 funding requests for a total of $221.5 million have been approved.
• The program is currently accepting applications for the 2024-2025 fiscal year. The deadline for 2024-2025 will be posted on the Residential Schools Missing Children Community Support Fund webpage once departmental fiscal deadlines for 2024-25 are known.

Key Messages

• Supplementary Estimates (B) includes $1.6 million in 2023-24 to lead a whole of government process to identify potentially relevant documents and develop options for a federal approach to support the sharing of additional Indian Residential Schools-related documents with the National Centre for Truth and Reconciliation.
• We are committed to taking the steps necessary to share additional Indian Residential Schools-related documents, while respecting Survivors' wishes, legislation, court orders, settlement agreements and ongoing litigation processes.

Background

• Reconciliation requires that the Government of Canada take responsibility for the role it played in the creation and administration of the Indian Residential School system. Central to this acceptance of responsibility is ensuring that survivors, Indigenous communities and the Canadian public have access to the full history and truth around the Indian Residential Schools and the Government of Canada's response to the harms they caused.
• An important first step in this process was the provision of over 4 million documents to the Truth and Reconciliation Commission between 2013 and 2015. This exercise focused on the identification and sharing of documents directly related to the history and administration of Indian Residential Schools recognized under the Indian Residential Schools Settlement Agreement.
• In 2021, the former Minister of Crown-Indigenous Relations directed CIRNAC to conduct a broader internal review of existing documents to ensure transparency and sharing of all relevant documents, where possible, and to establish a committee that would develop recommendations on the identification and sharing of documents with the National Centre for Truth and Reconciliation. The Indian Residential Schools Documents Advisory Committee is the result of this direction.
• Funding is needed to complete preliminary identification activities to support the design and implementation of a strategy to identify, review, and share additional Indian Residential Schools-related documents which may not have been previously disclosed to the Truth and Reconciliation Commission and to support the Indian Residential Schools Documents Advisory Committee.

Current Status

• A preliminary identification exercise is being undertaken by CIRNAC this fiscal year in conjunction with other federal departments holding information of historical interest related to Indian Residential Schools and the Indian Residential Schools Settlement Agreement.
• To date, through this scoping exercise, federal departments have identified as many as 23 million additional documents related to Residential Schools and the implementation of the Indian Residential Schools Settlement Agreement. These documents will include duplicate material, material covered by various restrictions to sharing and or documents that have been previous disclosed.
• We will continue to support the Indian Residential Schools Documents Advisory Committee in its work to provide recommendations on more transparent document sharing with the National Centre for Truth and Reconciliation. This is a step toward accountability and a stronger understanding of the legacy of Residential Schools.

Key Messages

• We deeply regret past actions and policies that harmed Indigenous children, their families, and communities, and is committed to reconciliation and laying the foundation for intergenerational healing.
• As of March 2024, Indigenous Childhood Claims Litigation class actions have provided compensation to over 181,000 people, for a total of over $9.22 billion.

Background

• Indigenous Childhood Claims, for which CIRNAC is responsible, stem from litigation related to historic policies and programs related to educational and care settings.
• This includes class actions, individual and multi-plaintiff litigation related to Sixties Scoop, Indian Residential Schools Day Scholars, Federal Day Schools, Federal Indian Hospitals, Federal Boarding Homes, Non-Federal Residential Schools and Hostels, Provincial, Territorial and Mission Day Schools, Continuing Indian Residential Schools Claims and Off-reserve Indigenous Child Welfare.
• Since 2016, the settlements achieved to date include:
  • Newfoundland and Labrador Residential Schools (Anderson) settlement (2016);
  • Sixties Scoop (Status Indian and Inuit) settlement (2018);
  • Federal Indian Day Schools (McLean) settlement (2019);
  • Indian Residential Schools Day Scholars (Gottfriedson) Survivor and Descendant classes settlement (2021);
  • Indian Residential Schools Day Scholars (Gottfriedson) Band class settlement (2023)
  • Federal Boarding Homes (Percival) settlement (2023); and,
  • the settlement of 40 individual and multi-plaintiff actions (141 individual plaintiffs).
• These settlements focus on balancing individual compensation for past wrongs with forward-looking initiatives to support healing, wellness, education, language, culture and commemoration. In support, Canada has provided funding to support the creation of the Sixties Scoop Healing Foundation, McLean Day Schools Corporation and Day Scholars Revitalization Society aimed at promoting healing for survivors and their families.

Current Status

• Implementation of the Federal Indian Day Schools (McLean), Sixties Scoop and Indian Residential Schools Day Scholars (Gottfriedson) settlement agreements is ongoing.
• The Federal Boarding Homes (Percival) settlement agreement was approved by the Federal Court on December 11, 2023. The implementation process is expected to begin in early 2024-25.

Key Messages

• Claims are being settled at a record pace. Since 2016, 295 claims have been resolved including five claims resolved at the Specific Claims Tribunal, for close to $11 billion in compensation going to First Nations. So far this fiscal year, 40 claims have been settled, representing $2.2 billion in compensation.
• The negotiation environment is highly dynamic. The pace of negotiations can be affected by factors that often lay outside the control or influence of Canada's negotiation teams. It is important to have flexibility to adjust annual funding profiles via re-profiling funds forward or backwards across fiscal years as required to ensure that there are sufficient resources to make payments in accordance with the actual timing of settlements and other obligations.

Background

• The Specific Claims Settlement Fund (SCSF), established in 2009, is the source of funds for compensation pursuant to both negotiated settlement agreements and financial awards made by the Specific Claims Tribunal.
• Budget 2022 approved funding for the replenishment of the SCSF over three fiscal years, 2023-24 to 2025-26, in the amount of $5.9 billion.
• Negotiations are underway to settle the Manitoba Treaty Land Entitlement Committee litigation. $1 million in funding that is identified to assist in the resolution of a process engaging several Manitoba First Nations has been reprofiled as it was not needed in 2022-23.

Current Status

• There is a multi-year reprofile that will move $596 million in Grants (Vote 10) in 2023-24 from the following years: $346 million from 2022-23 and $250 million from 2025-26 with the Specific Claims Settlement Fund.
• Funding of $1.0 million in Operating (Vote 1) is being brought from 2022-23 to 2023-24 to support the resolution of a matter in litigation.
• These reprofiled funds will be available for required payments in the targeted fiscal years.

Program-Level Data

Key Messages

• Consistent with UNDA Action Plan Measure #5, CIRNAC is committed to delivering a comprehensive redesign of the Additions to Reserve (ATR) policy, co-developed with First Nation partners, which prioritizes First Nation interests when adding lands to their reserve land base.
• A redesigned ATR policy will likely distinguish between Indian Act First Nations, land code First Nations operating under the Framework Agreement on First Nation Land Management, and self-governing First Nations. This approach recognizes the differing land governance structures which exist in First Nations across Canada today.
• CIRNAC is working in partnership with ISC to implement interim changes to the 2016 Policy for consistency with contemporary legislation until the co-developed policy is finalized.

Background

• The current Additions to Reserves (ATR) policy is complex, time-consuming, risk-averse, and not aligned with First Nations priorities, interests, and governance structures. In some cases it can take decades to add land to a reserve. Individual First Nations and Indigenous organizations have called for the ATR policy to be completely overhauled to enable them to effectively and efficiently add lands to their reserve land base.
• Budget 2021 provided $43 million over four years to work with First Nation partners and other stakeholders to redesign the Additions to Reserve policy, with $10.8 million to CIRNAC for the redesign and $32.2 million to ISC to accelerate work on existing ATR proposals in its inventory.
• Redesigning the federal ATR policy is included in Justice Canada's UNDA Action Plan as Action Plan Measure #5, under the heading of Lands, Territories, and Resources.
• To date, CIRNAC's work on the policy redesign has focused on engagement with First Nation partners and building relationships for upcoming co-development work.

Current Status

• CIRNAC has provided approximately $4 million in funding 58 First Nation communities and organizations to conduct First Nation-led engagement on ATR Policy redesign. Reports from these partners are anticipated in Summer 2024. The Assembly of First Nations has received $252K to support ongoing work on ATR policy redesign.
• CIRNAC is also engaging directly with provincial and territorial governments along with First Nations and other key partners such as the Lands Advisory Board and the National Aboriginal Lands Managers Association.
• To facilitate ongoing engagement and co-development CIRNAC has developed, and shared, a series of principles to guide the policy redesign process with the aim of prioritizing First Nation interests.
• Work is also underway with internal partners to develop federal positions on key ATR issues and the development of a draft policy framework that is informed by engagement and internal review to form the basis for the policy co-development process.

Program-Level Data

Key Messages

• The Government of Canada recognizes the importance of addressing housing and infrastructure needs in Inuit Nunangat, Métis and First Nation Self-Government and Modern Treaty and northern communities. Since 2016 CIRNAC has invested:
  • $2.5 billion to help address critical housing
  • $1.3 billion to address community infrastructure
• These investments are leading to concrete results delivered directly by Indigenous and Northern partners. To date, partners have constructed or purchased over 2300 housing units and renovated over 5000 existing units. They have also constructed or made improvements to key community infrastructure, including multipurpose and cultural facilities.
• These investments are also improving housing affordability through rental assistance support, contributing to the acquisition and development of land for future housing and infrastructure and supporting training and apprenticeship programs.
• To complement the distinctions-based investments, CIRNAC is also working with federal, territorial, and provincial partners to further enhance the availability of sustainable and safe housing in Indigenous and Northern communities.

Background

• Work continues with partners through the implementation of co-developed housing strategies and the delivery of current investments. Higher costs and other challenges are having a compounding impact on housing delivery in Indigenous and northern communities. For example, the cost of constructing a basic residential home in Inuit Nunangat has gone up dramatically and estimates are now in the range of $700,000 to $1 million per unit. This varies for multi-unit buildings, but costs have increased and remain extremely high which has an impact on overall effectiveness of current investments.
• Most recent federal investments supporting infrastructure and housing include:
  • Budget 2021 announced historic investments for Indigenous communities to support critical infrastructure through the Indigenous Community Infrastructure Fund, totalling $4.3 billion over four years. Investments are helping to address immediate infrastructure needs, including multi-purpose community buildings, improved transportation infrastructure, day care facilities, and social housing.
  • Budget 2022 included $1.6 billion over seven years for dedicated housing investments. This funding will help further address the critical housing needs of Indigenous communities to ensure adequate and affordable housing to achieve better health and socio-economic outcomes.
• Through dedicated investments made through Budget 2021 and Budget 2022 and ongoing partnerships with the territorial governments, Canada is also empowering its territorial partners to support Northerners in accessing sustainable and safe housing. Specifically, investments that are going directly to territorial governments respond to their call for greater support to address the northern housing crisis that is driven by geographic challenges, unique building conditions, climate change, and often challenging economic conditions.

Current Status

• Since 2016, Inuit have constructed over 626 new housing units, repaired over 469 existing units, enhanced Inuit-led housing programs, and have undertaken critical land acquisition and development work with the direct, distinctions-based investments.
• Since 2018-19, Métis governments helped with the construction or purchase of 1,575 houses; provided downpayment assistance to 1,537 households; renovated 4,600 houses; and provided rent supplements to 9,528 families.
• Self-Governing and Modern Treaty First Nations received funding through Budgets 2021 and 2022 for infrastructure and housing. These were first-of-their-kind investments for Self-Governing and Modern Treaty First Nations who are not part of existing National Housing Strategies. To access these funds, Self-Governing and Modern Treaty First Nations submitted Action Plans identifying their proposed projects in these areas as well as reporting indicators. CIRNAC will receive updates from Self-Governing and Modern Treaty First Nations partners by the end of these funding initiatives.
• CIRNAC is currently working through the Collaborative Fiscal Policy Development process with Self-Government and Modern Treaty First Nations to develop a second stage life-cycle infrastructure funding model. This model will be based on infrastructure standards prevailing in comparable communities and will support partners who are economically disadvantaged catch up to those standards over time.
• In 2022-23, CIRNAC amended fiscal arrangements with 24 Self-Government and Modern Treaty First Nations to implement a lifecycle infrastructure funding approach developed through the Collaborative Fiscal Policy Process. This resulted in $39.8 million in incremental funding for their agreements on an ongoing basis which represented a 154% increase.
• CIRNAC has also established a dedicated Intergovernmental Housing Steering Committees for Nunavut and the Northwest Territories to advance solutions and recommendations in response to the critical housing and infrastructure needs.
• Territorial government investments have focused on new and replacement public housing units, repairs to existing public housing units, making housing stock more energy efficient, and continued investment in people through training and apprenticeship. Results to date include:
  • Delivery of 109 new public housing units;
  • 22 modular housing units were purchased and delivered to communities where new housing projects are underway;
  • remediation initiatives, minor repairs and maintenance projects to existing housing stock and infrastructure facilities; and,
  • 116 major modernization and improvement (repair) projects to sustain and preserve existing public housing stock.

Key Messages

• The Government of Canada values its relationship with Indigenous Representative Organizations (IROs) and recognizes the contributions they make on behalf of their members. To support the work of IROs across Canada, Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) administers and provides basic organizational capacity (core) funding.
• A significant portion of this funding is delivered annually to 51 Indigenous Representative Organizations (IROs), national, provincial, territorial and/or regional representative Indigenous organizations and national women's organizations representing the interests, issues and concerns of their members.
• This funding supports Indigenous partners' meaningful participation in collaborative work with federal, provincial and territorial governments, including through co-development processes. By doing so, the funding helps to ensure Indigenous perspectives are reflected in developing policies and programs, and to advance Indigenous self-determination.

Background

• There are several funding authorities across the department that support IROs and other Indigenous organizations for core operations and projects.
• Basic Organizational Capacity (BOC) funding supports co-operative relationships with Indigenous peoples by providing basic organizational capacity ("core" funding) to organizations mandated by Indigenous peoples to represent them. BOC funding enables these organizations to be effective voices for their members, and to represent the interests of their respective communities to support their participation in policy and program development alongside the Government of Canada. Approximately $32 million in Basic Organizational Capacity funding is delivered to IROs annually.
• Consultation and Policy Development (C&PD) funding provides project-based support to First Nations and Inuit to consult their communities and be in a position to provide input to Crown-Indigenous Relations and Northern Affairs on policy and program developments.
• Federal Interlocutor's Contribution Program (FICP) Aims to enhance the capacity, stability, and accountability of both Métis and Non Status and other off-reserve representative organizations to represent their members, and to build partnerships with federal and provincial governments and the private sector.
• Permanent Bilateral Mechanism (PBM) funding provides support to National Indigenous Organizations for their participation in an annual series of Leaders meetings, Senior Officials Meetings and a PM Summit with National Indigenous leadership. PBM meetings and activities such as the Inuit Crown Partnership Committee, Métis-Crown, and First Nations-Crown support critical joint work. Since their creation, PBMs have become the key fora for effective work and decision making with partners to support the advancement of shared priorities.

Current Status

• Basic Organizational Capacity is currently fully subscribed, with no new organizations able to apply for BOC funding at this time.
• The Basic Organizational Capacity, Consultation and Policy Development, and the Federal Interlocutor Contribution Program, are all going through a program review, which will likely lead to changes to the Terms and Conditions of the funding authorities.

Key Messages

• Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) and the Algonquin Anishinabeg Nation Tribal Council (AANTC) have negotiated in principle a Planning and Design Agreement (the Agreement) to establish a Dedicated Algonquin Space, as part of the Indigenous Peoples' Space initiative.
• CIRNAC is working to finalize some remaining details, including renewal of policy authorities, that will support both Canada and Algonquin Chiefs in being able to sign the Agreement.
• Once the Agreement is in place, the Government will move forward with the long-term development of the Dedicated Algonquin Space, in alignment with broader timelines for the redevelopment of Block 2 of the Parliamentary Precinct.

Background

• CIRNAC and Public Services and Procurement Canada (PSPC) officials have worked collaboratively with the AANTC to present options for the site of the Dedicated Algonquin Space and draft a Planning and Design Agreement. In April 2023, Algonquin Chiefs voted to select the Infill space between 100 Wellington and 119 Sparks as the site for the Dedicated Algonquin Space.
• On July 5, 2023, the AANTC provided notice that Algonquin leadership approved the Planning and Design Agreement and were prepared to move forward with signing the Agreement.
• The Agreement formalizes Canada's commitment to the Algonquin to construct a Dedicated Algonquin Space in the Infill as part of the Indigenous Peoples' Space initiative, provide capacity funding to support their involvement in the design and development of the space, and permit access to 119 Sparks Street to be used as a temporary space until construction on the Parliamentary Precinct necessitates the closure of the building. The proposed agreement includes policy and financial implications for the Government of Canada for which new authorities must be sought.
• On October 4, 2022, the National Indigenous Organizations (Assembly of First Nations, Métis National Council, Inuit Tapiriit Kanatami) were provided with access to 100 Wellington Street to use as a temporary space. The AANTC were similarly provided with access to 119 Sparks Street.
• CIRNAC has indicated to the NIOs and the AANTC that 100 Wellington Street and 119 Sparks Street are available to use until Fall 2024 when they likely need to be closed to accommodate Block 2 Redevelopment construction.

Current Status

• The Métis National Council and Inuit Tapiriit Kanatami have been using 100 Wellington intermittently to host events. The AANTC has recently initiated discussions with PSPC to begin using 119 Sparks on a temporary basis. The Assembly of First Nations has maintained their position that they will not use 100 Wellington or re-enter discussions on the long-term design and vision of the Indigenous Peoples' Space until the Agreement with AANTC has been signed.
• Work on the long-term development of 100 Wellington and the Dedicated Algonquin Space cannot move forward until the Planning and Design Agreement is signed.
• Indigenous partners are keen to move forward with the long-term development of the Indigenous Peoples' Space Initiative and have expressed frustration over continued delays.

Key Messages

• Justice Canada is leading the whole-of-government strategy to implement the United Nations Declaration on the Rights of Indigenous Peoples Act (United Nations Declaration Act) and the associated Action Plan. CIRNAC plays a key supportive role in this process.
• CIRNAC is responsible for 30% of Action Plan Measures and implementation efforts are underway.
• The department also plays a supporting role in Action Plan Measures led by other departments. In addition, it provides advice and expertise to other departments, to help foster positive Indigenous-Crown intergovernmental relationships.
• CIRNAC has developed internal tools to support alignment of the department's work with the advancement of the rights of Indigenous Peoples as outlined in the United Nations Declaration on the Rights of Indigenous Peoples (United Nations Declaration).
• These internal tools, including training for CIRNAC employees and a policy consistency assessment tool, aim to raise officials' awareness of the United Nations Declaration and create capacity to apply a rights-based lens in the development of policies, programs, and legislation.
• CIRNAC is also responsible for Annual Reporting, as required by the United Nations Declaration Act, on the progress of Action Plan Measures in its purview and the alignment of legislative initiatives with the United Nations Declaration.

Background

• The United Nations Declaration Act came into force on June 21, 2021, and sets out three key obligations, which are to be carried out in consultation and cooperation with Indigenous Peoples. The Government must:
  • take all measures necessary to ensure the laws of Canada are consistent with the United Nations Declaration (section 5);
  • develop and implement an Action Plan to achieve the objectives of the United Nations Declaration (section 6); and,
  • develop annual reports on progress and submit them to Parliament (section 7).
• Beyond these obligations, the preamble of the United Nations Declaration Act commits Canada to taking effective measures—including legislative, policy and administrative measures—to achieve the objectives of the United Nations Declaration.
• On June 21, 2023, the United Nations Declaration Act Action Plan 2023-28 was publicly released. The Action Plan is a federal road map to support implementation of the United Nations Declaration Act.
• The Action Plan will be periodically reviewed and updated in consultation and cooperation with Indigenous Peoples.

Current Status

• Implementation planning for each Action Plan Measure is underway.
• Some Action Plan Measures are already being implemented including the Indigenous Climate Leadership Agenda, co-developing a redesign for the Additions to Reserve Policy, and developing distinctions-based co-development principles.
• CIRNAC will establish an accountability framework to monitor progress on implementing Action Plan Measures.
• A number of Action Plan Measures will require new policy authorities and/or new funding sources.
• The Action Plan is a starting point, but is not limiting to CIRNAC's efforts to implement the United Nations Declaration. CIRNAC will continue to work outside of the Action Plan in consultation and cooperation with Indigenous partners on priorities identified by Indigenous partners. This includes through jointly established tables and processes such as the recognition of rights tables, ongoing policy co-development processes with Modern Treaty and Self-Governing partners (e.g. Common Process, Collaborative Fiscal Process), and permanent bilateral mechanisms.
• The department is currently piloting training for employees on the United Nations Declaration and implementing a United Nations Declaration policy consistency assessment tool with cabinet documents.
• CIRNAC will provide input into the Justice Canada-led Annual Report on implementing the United Nations Declaration Act, which is expected to be tabled in Parliament in June 2024.

Program-Level Data

Key Messages

• In November 2023, The Parliamentary Budget Officer published a Supplementary Estimates (B) report, spotlighting Indigenous reconciliation in the context of increasing contingent liability (CL) balances for the Government of Canada. This amount has grown significantly in the past few years but represents progress as the Department advances reconciliation agenda.
• CIRNAC continues to renew the relationships with First Nations, Inuit and Métis and to make meaningful progress toward reconciliation and self-determination.
• The increase in Indigenous claim expenses represents our unwavering commitment as part of the reconciliation process to resolve past harms to pave the way for a more respectful and constructive relationship with Indigenous Peoples.

Background

• The Public Accounts of Canada for the year ended March 31, 2023 were tabled in the House of Commons on October 24, 2023.
• Volume I presents the audited consolidated financial statements of the government, as well as additional financial information and analyses. Section 1 of Volume I includes the 2023 Financial Highlights, which noted the government recorded expenses totaling approximately $26 billion related to Indigenous claims; absent these expenses, the budgetary deficit would have been roughly $9 billion, or 0.3% of gross domestic product (GDP).
• On October 26, 2023, the Parliamentary Budget Officer requested detailed information on the $26 billion of expenses related to Indigenous claims by the claim categories referenced in the Public Accounts of Canada. This includes an expense breakdown by new claims and the revaluation of existing claims and historical information from fiscal years 2020-21 and 2021-22.
• Of the $26 billion for Indigenous claims recorded in the Public Accounts of Canada, $22.7 billion relates to CIRNAC. The increase in contingent liabilities is mainly due to the revaluation of existing claims for specific and litigation claims in light of new information that became available during the fiscal year.

Current Status

• As required by Treasury Board of Canada Secretariat, the Department updates its contingent liability balance on a quarterly basis. It is expected that contingent liability balances will continue to rise as we advance the reconciliation agenda.
• It is expected there will be continued focus on our contingent liability and we need to ensure that the messaging supports our progress towards reconciliation – righting past wrongs and is not viewed simply as increased spending.

Key Messages

• The Government of Canada is committed to renewing the relationship with Indigenous Peoples based on the recognition of rights, respect, cooperation, and partnership.
• Over 85% of the Calls to Action under the shared or sole responsibility of the federal government are complete or well underway. Of the 76 federally led or shared Calls to Action, 19 are complete, 47 are well underway, and 10 are in the planning phase.
• These actions are leading to significant and consequential changes that serve to redress the legacy of residential schools and advance the process of reconciliation.
• Completing all 94 Calls to Action requires fundamental policy and legislative changes to address systematic barriers.

Background

• In 2015, upon the release of the Truth and Reconciliation Commission's Final Report, the Prime Minister committed to work in partnership with Indigenous communities, the provinces, territories, and other vital partners, to fully implement the Commission's Calls to Action. Canada has adopted a whole-of-government approach to implementing the TRC Calls to Action.
• Of the 94 Calls to Action, 76 are shared or sole responsibility of the federal government, while 18 call upon civil society organizations, schools, churches, and corporations to advance reconciliation. Of the 94 Calls to Action, 18 are directed at provinces and territories, educational bodies, religious institutions, media or private sector businesses.
• In 2021, the Minister of Crown Indigenous Relations was tasked with leading federal work to accelerate the implementation of all Calls to Action.

Current Status

• Over the past three years, there has been progress towards the implementation of federally led Calls to Action:
  • The legislation to establish the National Day for Truth and Reconciliation (Call to Action 80), received Royal Assent on June 3, 2021, and the second National Day for Truth and Reconciliation, as an official federal statutory holiday, was observed on September 30, 2022.
  • An Act to amend the Oath to Citizenship (Call to Action 94) received Royal Assent on June 21, 2021.
  • An Act Respecting the United Nations Declaration on the Rights of Indigenous Peoples (Call to Action 43), received Royal Assent on June 21, 2021. This legislation, developed in collaboration with Indigenous peoples across the country, provides a pathway for the fulfillment of Calls to Action 43 and 44 at the federal level in consultation and cooperation with Indigenous peoples through the alignment of laws, the development of an action plan, and the tabling of annual reports on the progress of implementation. On June 21, 2023, the Government of Canada released the United Nations Declaration on the Rights of Indigenous Peoples Act Action Plan, in consultation and cooperation with First Nations, Inuit, and Métis.
  • In June 2022, Bill C-29, legislation to establish the National Council for Reconciliation was introduced in Parliament. The Bill received Royal Assent on April 30, 2024. Once established, the National Council for Reconciliation will be an independent, Indigenous-led, not-for-profit organization working to monitor and advance reconciliation in Canada (Calls to Action 53 through 56).
  • During his visit to Canada in July 2022, Pope Francis recognized the abuses experienced at residential schools that resulted in cultural destruction, loss of life, and ongoing trauma lived by Indigenous Peoples in every region of this country (Call to Action 58).
  • Investments in the Canadian archival community supported a comprehensive review of archival policies and best practices. The final report by the steering committee was released in February 2022 (Call to Action 70).
• Collaboration is ongoing with departments to identify the necessary steps to accelerate implementation, address systemic challenges hindering progress, and involve all partners (Indigenous, all levels of government, etc.) in responding to the Calls to Action.
• The Government of Canada continues to work with the Permanent Bilateral Mechanisms with First Nations, Inuit and Métis Leaders to collaborate on joint priorities; co-develop policy and monitor progress; and, encourage implementation of the Calls to Action.

Key Messages

• With the continued focus on procurement as it relates to public servants' outside employment and activities, and pursuant to the Policy on People Management (4.1.38.3), the Office of the Chief Human Resources Officer (OCHRO) requested information regarding employees in Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) who have declared (usually through the Conflict-of-Interest process) that they have a contractual relationship with the Government of Canada.

Background

• Following receipt of OCHRO's request, CIRNAC's Centre for Integrity, Values and Conflict Resolution (the Centre) carried out an in-depth search of its corporate log to extract the data. An analysis was also performed to ensure its accuracy with the information sought.
• Over the last two (2) fiscal years, only one declaration meets the data search criteria. However, the employee has not declared a contractual relationship with the Government of Canada. Rather, the employee works for an outside organization that provides training programs to Government of Canada groups including CIRNAC employees.
• As a mitigating measure, the employee has been asked to recuse themself of any training contracts between the outside organization and CIRNAC. With this measure in place, CIRNAC's Centre for Integrity, Conflict and Resolution has determined that the employee's involvement in the outside employment is a low risk for conflict interest.

Current Status

• CIRNAC submitted the requested data to the Treasury Board Secretariat on Thursday, March 14, 2024 as follows (ANNEX A).
• Requirements for Conflict-of-Interest declarations are regularly shared within CIRNAC through departmental bulletins and recurring messages.

Annex A: Department-Level Data