Fifth Annual Statutory Report (2024) Pursuant to Section 10 of the Department of Crown-Indigenous Relations and Northern Affairs Act, Statutes of Canada, Chapter 29, 2019
Table of contents
- From the Ministers
- Introduction
- Advancing Reconciliation by Acknowledging and Addressing Historic and Ongoing Injustices
- Supporting Visions for Self-Determination and Renewed Relationships
- Closing Socio-Economic Gaps
- Additional Work in the Arctic, North and Inuit Nunangat
- Emergency Management
- Conclusion
From the Ministers
Reconciliation is at the core of what we do, guided by the principle that Indigenous People have the right to self-determination and self-governance.
The Minister of Northern Affairs and I jointly present the 2023-24 report on the measures taken to support reconciliation and advance Indigenous self-determination. This report highlights the progress that the Department of Crown-Indigenous Relations and Northern Affairs has made in collaboration with First Nations, Inuit, Métis, and Modern Treaty partners between April 1, 2023, and March 31, 2024. The report also underlines the areas where we have more work to do.
Indigenous leaders and communities understand their needs best. Work conducted in partnership continues to progress with First Nations, Inuit, and Métis partners through the established Permanent Bilateral Mechanisms, implementation of other relationship agreements with Indigenous organizations and Modern Treaties. We are advancing Nation-to-Nation, Inuit-to-Crown and Government-to-Government discussions with partners across the country on solutions that address past wrongs, advance shared priorities, recognize and implement Indigenous rights, and support self-determination.
The United Nations Declaration on the Rights of Indigenous Peoples has continued to guide the Department's work over the past year. The publication of the historic United Nations Declaration on the Rights of Indigenous Peoples Act Action Plan has initiated generational, transformative work that will move reconciliation forward. A key component of the UNDA Action Plan is the advancement of reconciliation through clarity and transparency about departmental activities. CIRNAC has developed and implemented a framework to monitor and coordinate the 55 Action Plan measures in which it has key involvement and, to date, 75% are in progress. The Department will also continue to support measures led by other departments and those influencing Whole-of-Government initiatives. Action Plan Measures will be advanced through consultation and cooperation with relevant Indigenous partners. Crown-Indigenous Relations and Northern Affairs Canada also worked closely with the Department of Justice to develop Chapter 5 of the Action Plan, which is dedicated to Indigenous Modern Treaty Partner priorities. Chapter 5 will drive forward federal implementation reform embodied by Canada's Collaborative Modern Treaty Implementation Policy.
Crown-Indigenous Relations and Northern Affairs Canada continues to support the Whole-of-Government approach to fully implementing the Truth and Reconciliation Commission's Calls to Action, which aims to address the legacy of residential schools and advance reconciliation. Over the past year, Bill C-29, An Act to Provide for the Establishment of the National Council for Reconciliation, was studied by the House and the Senate. This legislation addresses Calls to Action 53, which calls for the establishment of a National Council for Reconciliation and position the Government of Canada to address Calls to Action 54-56. In 2023-24, to advance implementation of Calls to Action 7276, the Department provided the National Centre for Truth and Reconciliation with $490,000 in sustainability funding, $2.2 million to update and maintain the National Residential School Student Death Register (Call to Action 72) and to develop and maintain the online registry of Residential School cemeteries (Call to Action 73). In response to Calls to Action 74-76, in 2023-24, $96.3 million was provided to 41 new initiatives and 78 ongoing initiatives to document and locate missing children and unmarked burial sites associated with former residential schools. Since the launch of the Residential Schools Missing Children Community Support Fund in June 2021, as of March 31, 2024, a total of 146 funding agreements have been put in place, providing over $216.6 million to Indigenous communities and organizations to support community-led and Survivor-centric initiatives to document, locate, and commemorate missing children and unmarked burial sites associated with former residential schools.
The lives of Indigenous women, girls, Two-Spirit, and gender-diverse people must be protected and honoured. The violence they face is a national crisis, rooted in a shameful legacy of racism and systemic discrimination. We remain committed to ending this crisis. In June 2023, we released our second Federal Pathway Annual Progress Report, detailing the government's progress in responding to the Calls for Justice with the majority being advanced, addressing both immediate and long-term needs. In February 2024, we held our second annual Indigenous-Federal-Provincial-Territorial Roundtable engaging in meaningful conversations including advancing work on Calls for Justice 1.7 and 1.10 to improve oversight and accountability, and developing a Red Dress Alert.
This past year, we continued to address past wrongs by resolving outstanding Specific Claims through negotiated settlements at an accelerated pace. During the 2023-24 fiscal year, 42 claims were settled, with a total of $2.5 billion in compensation going to First Nations across the country. Of these, nine are agricultural benefits claims that were settled for a total of $975 million.
Crown-Indigenous Relations and Northern Affairs Canada also continues to honour its Treaty relationships, including the implementation of existing agreements and the advancement of new Modern Treaties, Indigenous Self-Government Agreements and respecting the commitments of historic Treaties. This includes building on Canada's Collaborative Modern Treaty Implementation Policy by organizing the first Intergovernmental Leaders Forum between Modern Treaty and Self-Government leaders, the Prime Minister and Cabinet Ministers, and the co-development of a Commissioner for Modern Treaty Implementation, to enhance transparency and accountability on the implementation of Modern Treaties.
Canada and the Whitecap Dakota Nation signed a Self-Government Treaty Recognizing the Whitecap Dakota Nation/Wapaha Ska Dakota Oyate, which recognizes the Whitecap Dakota Nation's inherent right to self-government. In March 2024, Canada reached an agreement with the Robinson-Huron First Nations, jointly with the Government of Ontario, on past compensation for their longstanding claim for Treaty annuity augmentation, which will support the Robinson-Huron First Nations to invest in a brighter future for their communities and grow the local economies in the Treaty territory. In British Columbia, significant milestones were achieved for eight Treaties. For Kitselas, Kitsumkalum, and K'ómoks, we reached agreement on a Land and Cash Offer and we initialed the draft treaties in June and July of this year. With the Te'mexw Treaty Association (TTA), representing its five member Nations—Beecher Bay (SC'IA⁄NEW), Malahat, Songhees, Snaw-Naw-As, and T'Sou-ke—we have also concluded a final Land and Cash Offer and a Chief Negotiators Understanding, and are targeting an initialing of the draft treaties next spring. Our work with the Haida Nation has led to Canada signing a Nation Recognition Agreement and tabling Bill S-16, the Haida Nation Recognition Act.
During the 2023-2024 fiscal year, we advanced Indigenous institutional structures and governance in the spirit of self-determination. On June 20, 2023, Bill C-45, An Act to amend the First Nations Fiscal Management Act received Royal Assent. This bill co-developed with the First Nations Fiscal Management institutions and the First Nations Infrastructure Institute Development Board, expands and modernizes the mandates of the First Nations Tax Commission and the First Nations Financial Management Board.
Access to safe and affordable housing remains critical to improving health and social outcomes while ensuring a better future for Indigenous People and communities. That is why Budget 2023 committed $4 billion over seven years, starting in 2023-24, to implement an Urban, Rural, and Northern (URN) Indigenous Housing Strategy, building upon existing funding. We will continue to support self-determined housing solutions as we know that Indigenous partners know what is needed to meet their citizens' housing needs and to help close the housing gap.
While we have made significant progress in partnership with Indigenous partners, we know that there is still so much more to do. We look forward to building our relationships with First Nations, Inuit, and Métis partners to advance their visions and those priorities most important to them.
The Honourable Gary Anandasangaree, PC, MP
Minister of Crown–Indigenous Relations
The Minister of Crown-Indigenous Relations and I are proud to present the fifth annual report on measures taken to support reconciliation and advance Indigenous self-determination for First Nations, Inuit, and Métis. The following report reflects the work done in collaboration with Indigenous, territorial, and provincial partners between April 1, 2023 and March 31, 2024, to meet the unique needs of Indigenous communities and groups, including those living in the North. Importantly, this report also identifies areas requiring further effort.
This past year, the Government of Canada continued its work with northern partners on initiatives that contribute to implementing the goals and objectives of the Arctic and Northern Policy Framework. Reconciliation is both a specific goal of the Framework, and a core principle that runs through ongoing discussions and work in all other areas.
This past year, the department took great strides to ensure meaningful participation in impact assessment and regulatory decision-making processes, and was successful in establishing co-management and resource revenue agreements, like the Western Arctic–Tariuq (Offshore) Accord. The Accord, the first of its kind with an Inuit government as a full party, supports the self-determination of Inuvialuit and is reconciliation in action. A significant and historic step forward in self-determination was also taken with the signing and ongoing implementation of the Nunavut Lands and Resources Devolution Agreement. This landmark event and the ongoing implementation of the Agreement exemplifies the collaborative effort to realize the economic, social, and cultural well-being of Nunavummiut. The devolution of responsibility over lands and resource management to the Government of Nunavut ensures that decision-making authorities are in the hands of Nunavummiut, which will create jobs, opportunities, investments, and more prosperity for generations to come.
Indigenous Peoples are using Indigenous Knowledge systems, ways of knowing, and sciences to lead the way to a more climate-resilient future through climate monitoring, adaptation solutions, and a transition to clean energy. This year, the Government of Canada made significant advancements with First Nations, Inuit, and Métis partners on an Indigenous Climate Leadership Agenda and distinctions-based strategies that ensure Indigenous Peoples have the resources and authorities necessary to advance self-determined climate action. The Indigenous Climate Leadership Agenda will set a long-term approach to our partnership on climate—one that upholds and implements Indigenous Peoples' right to self-determination and the right to participate in decision-making, and ensures access to predictable funding for climate action.
By advancing an Indigenous Climate Leadership Agenda, Canada is implementing Action Plan Measure 46 of the United Nations Declaration on the Rights of Indigenous Peoples Act Action Plan, while taking necessary action to fight climate change, create economic prosperity, and build a strong, healthy, sustainable future for Indigenous communities and groups across Canada. Continuing to invest in and support Indigenous climate leadership is critical to advancing self-determination, reconciliation, and to achieving the foundational changes necessary to address climate change.
Work with Indigenous and northern partners on food security in the North continues and Nutrition North Canada (NNC) is a key piece of our response. With support from the Harvesters Support Grant and Community Food Programs Fund, recipient Indigenous organizations and governments are deploying their own solutions to improve food security in 112 northern communities. Organizations like food banks and charities are now eligible under the expanded program, which is helping get food to the most vulnerable and isolated northern communities. NNC's Food Security Research Grant is also supporting five Indigenous-led research projects to help inform ongoing improvements to the program and addressing food insecurity by ensuring northern organizations and communities develop solutions based on their priorities. Subsidies for food and essential items are being passed on to consumers every day and are making a difference in reducing the cost of food and making life more affordable.
I am proud of the work that was done over the past year, although more still needs to be done to advance reconciliation and ensure Indigenous self-determination throughout the North. The department will continue to address the many distinct challenges experienced across the North, and advance the unique and key priorities of our partners so that we have a more prosperous North and a better future for everyone.
The Honourable Dan 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
Introduction
Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) was officially established on July 15, 2019, with the coming into force of the Department of Crown-Indigenous Relations and Northern Affairs Act (the Act). Under the Act, the Minister must table a report on the measures taken to advance self-determination and reconciliation with Indigenous Peoples – First Nations, Inuit, and Métis – 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.
The whole of the federal government is responsible for and committed to a renewed nation-to-nation, Inuit-Crown, and government-government relationship based on recognition of rights, respect, co-operation, and partnership as the foundation for transformative change. Reconciliation is about acknowledging and addressing the past; creating the systemic conditions for the recognition and implementation of Indigenous rights; supporting Indigenous visions of self-determination; transforming service delivery; and closing socio-economic gaps so Indigenous Peoples can achieve substantive equality and prosperity.
In August 2017, the Prime Minister announced the dissolution of Indigenous and Northern Affairs Canada and the establishment of two new departments to better meet the needs and aspirations of First Nations, Inuit and Métis, as recommended by the Royal Commission on Aboriginal Peoples. These two Departments, formally established in 2019, are Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC), and Indigenous Services Canada (ISC). While formally the two Departments are separate, they continue to work closely together to ensure the Government of Canada meets its obligations and commitments to First Nations, Inuit and Métis, and for fulfilling the federal government's constitutional responsibilities in the North.
The work of CIRNAC falls under the Minister of Crown-Indigenous Relations and the Minister of Northern Affairs, who, in 2023-24, has also been the Minister responsible for Prairies and Economic Development Canada and for the Canadian Northern Economic Development Agency. The mandate of the Department is thus divided into two core responsibilities – 1) Crown-Indigenous Relations and 2) Northern Affairs – which includes:
- facilitating collaboration and cooperation with Indigenous Peoples and with the provinces and territories in relation to entering into and implementing agreements;
- recognizing and implementing treaties concluded between the Crown and Indigenous Peoples;
- addressing past wrongs by negotiating and resolving historical grievances;
- recognizing and promoting Indigenous ways of knowing, being and doing;
- promoting public awareness and understanding of the importance of working toward and contributing to reconciliation with Indigenous Peoples; and,
- promoting self-reliance and supporting climate change actions as well as easier access to healthy food for the residents and communities in the North.
The Department's overall mandate and wide-ranging responsibilities are shaped by centuries of history and unique demographic and geographic challenges. When the department was established five years ago, the Minister of Crown‑Indigenous Relations was mandated to lead a whole-of-government approach to renewing the nation-to-nation, Inuit-Crown, and government-to-government relationship with Indigenous Peoples including implementing permanent bilateral processes, advancing distinctions-based policies, and improving the Government's capacity to consider and respond to the unique realities of Indigenous Peoples in Canada. The task included increasing the number of comprehensive modern Treaties and new self‑government agreements in a manner that reflects a recognition of rights approach and reconciliation; and accelerating progress on existing rights and recognition tables to identify priorities for individual Indigenous communities. The Minister of Northern Affairs was also given the responsibility to lead the government's work in the North, advancing the work on a shared Arctic Leadership model and a new Arctic Policy for Canada, while supporting northern programming, governing institutions, and scientific initiatives.
Over the first five years of the Department, progress has been made on all these items. Key measures taken include:
- accelerating work on the national action plan in response to the National Inquiry into Missing and Murdered Indigenous Women and Girls' calls for justice (with approximately 160 Calls to Justice in progress) and implement the Truth and Reconciliation Commission's calls to action (with 85% underway);
- working with First Nations, Inuit and Métis partners to implement the Arctic and Northern Policy Framework reconciliation goal and its associated objectives, in the spirit of the Framework vision of strong, self-reliant people and communities working together for a vibrant, prosperous and sustainable Arctic and northern region at home and abroad, while expressing Canada's enduring Arctic sovereignty;
- working in partnership to pass a national legislation act to implement the 2007 United Nations Declaration on the Rights of Indigenous Peoples (hereinafter UND) and to launch a National Action Plan in June 2023; and,
- investing in closing the infrastructure gap in Indigenous communities.
Today, CIRNAC continues to lead and/or coordinate 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 distinct 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, as well as the implementation of the United Nations Declaration on the Rights of Indigenous Peoples Act (UN Declaration Act).
CIRNAC carries out measures intending to advance reconciliation or support self-determination in partnership with Indigenous partners, including rights holders, the National Indigenous Organizations, Indigenous Women's Organizations, and local and regional Indigenous organizations.
To ensure a whole-of-government approach, CIRNAC carries out much of its work in partnership with other government departments including Indigenous Services Canada (ISC). Whereas CIRNAC is responsible for de-colonizing, modernizing and establishing Indigenous-led institutional structures and governance to support the implementation of Indigenous Peoples' self-determination, ISC's primary responsibilities are focused on funding, transforming and transferring high-quality services at the pace and in the ways Indigenous Peoples choose. Areas where CIRNAC and ISC collaborate are highlighted throughout this Report.
Achieving Reconciliation
Reconciliation is not a single act, nor does it have an end date. It is a lifelong journey of healing, respect and understanding. A critical part of the reconciliation process involves addressing wrongs from the past, providing individual and collective reparations, and following through with concrete actions that demonstrate change that will be meaningful to Indigenous communities. Indigenous Peoples are reclaiming their histories, stories, cultures and languages through action. Non-Indigenous Peoples are coming to understand and accept the true impacts of the past and the pain suffered by generations of Indigenous Peoples.
Together, CIRNAC and Indigenous partners continue the joint work to advance reconciliation through a renewed, Nation-to-Nation, Inuit-Crown, and government-to-government, relationship based on recognition of rights, respect, co-operation, and partnership. Two broad categories of federal actions are being taken:
- Repairing damaged relationships; reconstituting new and stronger relationships; redress for past wrongs; recognizing and affirming Indigenous rights; upholding Canada's Treaty and constitutional obligations; and,
- Supporting Indigenous Peoples, communities, and Nations in eliminating the socio-economic disparities and inequities between Indigenous Peoples and other Canadians by targeting the gaps in socio-economic outcomes, supporting the revitalization of Indigenous languages and cultures, eliminating systemic racism and other barriers, and supporting Indigenous Peoples to fulfil their visions of self-determination.
These actions are guided by Section 35 of the Constitution Act, 1982; the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration); the Attorney General of Canada's Directive on Civil Litigation Involving Indigenous Peoples; the Truth and Reconciliation Commission's Calls to Action; the Missing and Murdered Indigenous Women, Girls, and 2SLGBTQQIA+ People National Action Plan and the Federal Pathway; 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. Combined, these elements shape federal priorities, investments and actions to guide our shared path towards reconciliation.
The imperative for investments and actions supporting reconciliation is deeply rooted in the historical record and ongoing legacy of colonialism, the historic and ongoing activism of Indigenous Peoples advocating for Indigenous rights and social justice, and the embedded legal and constitutional frameworks of the country.
CIRNAC recognizes that while many strides have been made to achieve its mandate with Indigenous partners, significant work remains. 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. Reconciliation is a collective responsibility, and one that all Canadians share. 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.
Moving Forward Together to Greater Self-Determination
We have worked in partnership with Indigenous communities and organizations so that they are recognized and positioned to govern their own affairs and achieve self-determination, attain prosperity and well-being. Currently there are over 150 tables where self-government is being negotiated. These tables are at various stages of the negotiation process and in many cases are being negotiated in conjunction with modern Treaties.
For over 150 years, programs and services for Indigenous communities have been embedded in a paternalistic view that Canada had to play a guardianship role. As a result, these programs and services were designed to respond mostly to Canada's interests with little regard for Indigenous needs, worldviews or priorities. The gradual government transfer of the responsibilities and increased Indigenous control over the design, delivery and management of services to Indigenous communities in areas such as education, health, income assistance, clean water, infrastructure, and social programs is a critical part of self-determination, and fall largely under the mandate of ISC.
The development of Indigenous-led institutions and governance is an essential enabling step towards Indigenous self-determination. It is a fundamental principle of the UN Declaration. CIRNAC has worked to put in place effective mechanisms to support Indigenous Peoples to advance their governance and fiscal institutions.
In article 4 of the UN Declaration, it is codified that "Indigenous Peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions." In that regard, 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 UN 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).
Greater self-determination will also facilitate the achievement of substantive equality between Indigenous and non-Indigenous Peoples in Canada. Substantive equality, a legal principle that refers to the achievement of true equality in outcomes, can be achieved through equal access, equal opportunity and, most importantly, the provision of services and benefits in a manner and according to standards that meet any unique needs and circumstances, such as cultural, social, economic and historical disadvantage. Achieving substantive equality also requires integrating the principle of rights-based distinctions into the development of programs and policies to account for distinct and diverse considerations and needs. New approaches that support the transition away from colonial systems of administration and governance continue to be developed to help facilitate the exercise of these responsibilities, including building capacity for self-determination, the development of a new fiscal relationship, and data strategies.
The Approach to this Report
This Fifth Annual Report to the Parliament has been prepared by CIRNAC, with engagement and input from Indigenous partners, who were able to comment on the Table of Contents, and review a Consultation Draft of the Report prior to its finalization. This Report is not intended to evaluate CIRNAC's contributions to reconciliation or the self-determination of Indigenous Peoples, nor does it reflect all the work of the Department in the past year. A full accounting of the Department's Results for 2023-24 can be found in the Departmental Results Report.
The structure of this Report is based on the whole-of-government approach to reconciliation and supporting Indigenous self-determination, which is rooted in three pillars: advancing reconciliation by acknowledging and addressing the past; supporting visions for self-determination and renewed relationships; and closing socio-economic and service gaps. A fourth section – Additional Work in the Arctic, North and Inuit Nunangat – is also included given CIRNAC's leadership role in the region, particularly with respect to the environment.
Advancing Reconciliation by Acknowledging and Addressing Historic and Ongoing Injustices
The historic and present-day relationships between the Government of Canada and First Nations, Inuit, and Métis are challenging and complex. Harmful, colonial and racist policies, such as those rooted in the Indian Act, the failure to live up to the obligations set out in Treaties, forced Inuit relocation, and the imposition of Métis Scrip, continue to impact Indigenous Peoples today. These impacts manifest in many ways, including socio-economic gaps, intergenerational trauma, and systemic discrimination. The Government of Canada has an obligation to address these past wrongs if it is to regain the trust of Indigenous Peoples, renew relationships and move forward on the shared path of reconciliation.
Truth and Reconciliation Commission Calls to Action
The Truth and Reconciliation Commission (TRC) of Canada was established in 2007 to inform all Canadians about what happened in residential schools. . On December 16, 2015, the TRC presented a six-volume final report; a testament to the courage of each and every Survivor and family member who shared their story. As part of the Indian Residential Schools Settlement Agreement – the largest class-action settlement in Canadian history – Prime Minister Justin Trudeau accepted the Final Report of the TRC, and committed to implementing its 94 Calls to Action. Of the 94 Calls to Action, 76 are under federal or joint-federal responsibility. Over 85% of the 76 Calls to Action under the shared or sole responsibility of the federal government are complete or well underway.
The Government of Canada remains committed to reconciliation and accelerating the ongoing implementation of the Calls to Action. CIRNAC plays a dual role regarding the Calls to Action: it both leads whole-of-government tracking, monitoring and reporting on the Calls to Action; and leads on 15 Calls to Action.
In 2023-24, the Department carried out quarterly interdepartmental updates to the public report, Delivering on Truth and Reconciliation Calls to Action, and made progress on the Calls to Action for which it is responsible.
The National Centre for Truth and Reconciliation
The National Centre for Truth and Reconciliation (NCTR) is a key element of the Residential Schools Legacy Program. In 2023-24, CIRNAC provided almost $2.7 million to support the NCTR's continuing efforts to implement Call to Action 72 (National Indian Residential School Student Death Register and public-facing Memorial Register) and Call to Action 73 (National Indian Residential School Online Cemeteries and Burial Sites Register).
Calls to Action 53-56: National Council for Reconciliation
Call to Action 53 calls for the establishment of a National Council for Reconciliation through legislation. Establishing the National Council for Reconciliation has been a key legislative priority in terms of advancing reconciliation in Canada. The National Council for Reconciliation will serve as an important permanent and independent body that will monitor and promote progress on reconciliation in Canada. It will provide an important formal mechanism to share and create dialogue, monitor and celebrate progress as well as recommend areas to improve upon. This formal structure is critically important to advancing reconciliation and leaving a lasting legacy.
Building on the extensive engagements of the Truth and Reconciliation Commission, the independent Indigenous-led Interim Board (December 2017 to June 2018) engaged with Indigenous and non-Indigenous people and organizations on the vision and functions of a National Council for Reconciliation. The independent Indigenous-led Transitional Committee conducted targeted engagement between December 2021 and March 2022 with Indigenous and non-Indigenous technical experts, focused on elements such as governance, finances, legal issues, data, and other operational topics.
Bill C-29, an Act to provide for the establishment of a National Council for Reconciliation, which was tabled in June 2022, respects the vision of the Truth and Reconciliation Commission and aligns with the advice provided by the independent, Indigenous-led Interim Board and Transitional Committee for the National Council for Reconciliation. The House completed its study of Bill C-29 in December 2022 and the Senate completed its review in November 2023. On November 30, 2023, the Senate amendments were sent to the House of Commons for consideration. Considerations were ongoing as of March 31, 2024.
Call to Action 66: Indigenous Youth Roots Network
Call to Action 66 calls on Canada to support reconciliation programs for Indigenous youth. An Indigenous youth-led pilot program was launched in 2019 in partnership with Indigenous Youth Roots (formerly known as Canadian Roots Exchange) to support the government's commitment to advancing the related goals of reconciliation, self-determination, co-development and strengthening and rebuilding the Crown-Indigenous relationship with Indigenous youth. Budget 2024 extended the pilot project to March 2026 to support Indigenous Youth Roots identify and partner with Indigenous-led organizations. This will ensure the continued delivery of programming to empower Indigenous youth and further engagement with Indigenous-led organizations in the co-development of options for long-term implementation of this Call to Action.
During the pilot, and continuing in 2023-24, Indigenous Youth Roots established innovative programming to promote traditional First Nations, Inuit and Métis youth culture and languages, Two-Spirit and Indigiqueer identities, regalia-making, wellness, and cross-cultural solidarity and reconciliation. They offered mentorship and policy programming through their Indigenous Youth Research Mentorship program, Indigenous Youth Policy School, and Policy Hackathons, in addition to Creation community grants that include multi-year funding and capacity building for other Indigenous youth non-profit organizations. The pilot program is establishing strong pathways for Indigenous youth from across the country to come together, support each other and engage with federal departments on key policy initiatives that impact Indigenous youth and their communities. The pilot will initiate targeted engagements with Indigenous-led organizations to enhance the evidence and inform recommendations for a longer-term approach to Call to Action 66 that amplifies the perspectives of Indigenous youth in decision-making and advances youth priorities.
Calls to Action 72-76: Missing Children and Unmarked Burial Information
The destructive legacy created by residential schools is complex, and addressing these intergenerational impacts continues to require cooperative relationships with Indigenous communities and sustained whole-of-government coordinated action across federal departments and agencies. At the federal level, CIRNAC leads a Whole-of-Government Horizontal Initiative to advance key commitments addressing the ongoing legacy of residential schools. It includes identification and sharing of residential schools-related records, expanded trauma-informed support services for residential school Survivors and their communities, as well as commemoration and education initiatives. In 2023-24, the internal federal Horizontal Initiative Results Reporting Framework and the related internal governance structure to support it was established with the participation of: ISC, Canadian Heritage (responsible for Library and Archives Canada), Environment and Climate Change Canada (responsible for Parks Canada), Public Safety Canada (responsible for the Royal Canadian Mounted Policy), and Justice Canada.
Residential Schools Missing Children – Community Support Fund
The Residential Schools Missing Children – Community Support Fund is a responsive, request-driven contribution program intended to support First Nations, Inuit, and Métis 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 repatriate children's remains.
Since the Fund's launch in June 2021, CIRNAC has received 174 formal requests for funding from Indigenous communities and organizations through the Residential Schools Missing Children Community Support Fund, with requested funds totaling over $552 million. One hundred and forty six funding agreements have been put in place, providing over $216.6 million to community-led initiatives for Calls to Action 74-76. This support includes 87 community-led investigations at 84 of the 145 former residential schools. An additional $36.8 million in funding has been contributed to these approved initiatives from other government departments including ISC, Veteran Affairs Canada, and Canadian Heritage, as well as provincial and territorial governments. The number of requests and amount of requested funding demonstrates the need for a phased approach to funding agreement implementation, as some communities need to complete initial research, knowledge gathering and engagement activities to inform subsequent activities like fieldwork investigations (i.e., field surveys and mapping, ground penetrating radar, archeological investigation, and on-site ceremonies). Additional information can be found on the Residential Schools Missing Children Community Support Funding Recipients website. In 2023-24, CIRNAC funded 119 agreements for a total of $96.3 million. An additional $6.3 million has been contributed to these approved initiatives from other government departments (including ISC).
The National Advisory Committee on Residential Schools Missing Children and Unmarked Burials
In July 2022, CIRNAC and the NCTR established the National Advisory Committee on Residential Schools Missing Children and Unmarked Burials (National Advisory Committee) to serve as an independent and trusted source of technical advice for communities in their efforts to locate, identify, honour, and memorialize children who died while at residential schools. Today, the National Advisory Committee continues to provide Indigenous communities with access to independent, trusted, and expert information to support their efforts. The National Advisory Committee is co-administered by CIRNAC and the NCTR, and brings together individuals with experience and expertise in areas such as Indigenous laws and cultural protocols, forensics, archaeology, archival research, criminal investigations, and working with Survivors. The National Advisory Committee is guided by a Circle of Survivors, comprising First Nations, Inuit, and Métis Nation members, ensuring that Survivors' voices and perspectives remain central to the Committee's work. In 2023-24, CIRNAC provided almost $2 million to the National Advisory Committee which held information webinars to support communities' efforts to search for their missing children and held knowledge sharing gatherings in Yellowknife, Northwest Territories and Truro, Nova Scotia.
Residential Schools Documents Advisory Committee
The Indian Residential Schools Settlement Agreement (IRSSA) represents the consensus reached between legal counsel for former students, legal counsel for the Churches, the Assembly of First Nations, other Indigenous organizations and the Government of Canada. The implementation of this historic agreement began in September 2007, and brings a fair and lasting resolution to the legacy of Indian Residential Schools. To continue its commitment to support the implementation of the Agreement, the Government of Canada continues to do all that it can to share IRSSA-related documents that it has, while respecting Survivors' wishes, legislation, court orders, settlement agreements and ongoing litigation processes.
The Government has committed to further sharing of Residential Schools and IRSSA related documents with the NCTR. Former Chief of Cowessess First Nation Cadmus Delorme was named as Chairperson of the Advisory Committee that was established in 2023-24. In his independent role, Mr. Delorme worked with Committee members to provide recommendations to inform potential options for further document sharing with the NCTR. The Advisory Committee worked collaboratively to develop and finalize the definition of a Residential Schools document, review the findings of the department's initial document identification exercise, identify and address potential challenges to document sharing (e.g., solicitor-client and litigation privilege and privacy restrictions), engage with Survivors and communities, and outreach to other government departments that may hold relevant records.
The Daylu Dena Council Multipurpose Building
Since 1993, CIRNAC and the Daylu Dena Council have been working towards demolishing the former Lower Post Residential School, and realizing the community's goal of building a new administration and community center adjacent to the school site resulting in a significant step forward in advancing reconciliation.
In 2023-24, CIRNAC Yukon Region leveraged ISC Residential Schools funding ($11.6 million) to ensure that the Daylu Dena Council in northern British Columbia had the required funds to complete construction of the First Nation's new Multipurpose Building that is expected to have its grand opening in June 2024. Reflecting the community's interests, the new Multipurpose Building will serve as a community hub and gathering place. This important infrastructure will also provide the First Nation with administrative offices and space to deliver programs and services that were previously housed in the remnants of the former Lower Post Residential School.
Missing and Murdered Indigenous Women, Girls and 2SLGBTQI+ People
In December 2015, the Government of Canada announced the launch of an inquiry to seek recommendations on concrete actions to address and prevent violence against Indigenous women and girls. The following year, as part of Budget 2016, the Government committed $40 million over two years toward the National Inquiry into Missing and Murdered Indigenous Women and girls, which delivered its Final Report on June 30, 2019. Within this Report are 231 Calls for Justice.
Through funding provided by Budget 2021, a permanent MMIWG Secretariat was established to work in collaboration with Indigenous partners and continue to lead a whole-of-government approach to oversee the coordination of federal efforts regarding missing and murdered Indigenous women, girls and Two-Spirit, Lesbian, Gay, Bisexual, Transgender, Queer, or Intersex (2SLGBTQI+) People.
In 2023-24, CIRNAC conducted several activities to advance work in this area, including supporting families and survivors, hosting the second annual National Indigenous-Federal-Provincial-Territorial Roundtable on Missing and Murdered Indigenous Women and Girls and 2SLGBTQI+ People, holding 16 engagement sessions on a Red Dress Alert, working with partners on oversight of the implementation of the Calls for Justice, and working on improvements in data quality, transparency, and accountability.
The work of the Trilateral Working Group on Violence Against Indigenous Women and Girls also aligns with the Government of Canada's broader efforts to end the crisis of missing and murdered Indigenous women, girls, and 2SLGBTQI+ people in Canada. This includes the key priorities outlined in the Federal Pathway to Address Missing and Murdered Indigenous Women, Girls and 2SLGBTQQIA+ People.
National Indigenous-Federal-Provincial-Territorial Roundtable on Missing and Murdered Indigenous Women, Girls and 2SLGBTQI+ People
Addressing violence against Indigenous women, girls, and 2SLGBTQI+ People requires effective partnerships and collaboration between all levels of government and Indigenous Peoples. To this effect, Budget 2023 committed $2.5 million over five years to establish a standing Indigenous-Federal-Provincial-Territorial (IFPT) Roundtable on Missing and Murdered Indigenous Women, Girls and 2SLGBTQI+ People.
The second IFPT Roundtable on Missing and Murdered Indigenous Women and Girls and 2SLGBTQI+ People was held in Ottawa, and virtually via Zoom, on February 7-8, 2024. Discussions at the roundtable demonstrated that there is a need for a critical and immediate response to the national emergency and a great interest from Indigenous communities in a Red Dress Alert. Indigenous partners have asked to move quickly to put an Alert in place, and at the same time to continue to ensure that families and survivors and other Indigenous partners are part of the development and implementation of the Alert.
This IFPT Roundtable included 100 individuals in-person and 130 virtual participants from all provinces and territories. Participants included: six federal Ministers, as well as 72 Indigenous partners representing National Indigenous Organizations, national Indigenous women's and 2SLGBTQI+ organizations including the Native Woman's Association of Canada (NWAC), elected leadership from Indigenous governments and bands, and regional and grassroots Indigenous women's and 2SLGBTQI+ organizations representing First Nations, Inuit, Métis, off-reserve, Non-Status, Urban and 2SLGBTQI+ People. Together, Indigenous leaders and grassroots organizations joined federal, provincial, and territorial Ministers and officials in discussing a Red Dress Alert, the Ministerial Special Representative's final report on an Indigenous and Human Rights Ombudsperson and Call for Justice 1.7, and monitoring progress and exploring opportunities for collaboration. Participants also shared and discussed best practices, key priorities, and opportunities for collaboration.
Exploring a Red Dress Alert
Over the past year, the Government of Canada has been meeting with a variety of parties to collect information on their views for a Red Dress Alert, as well as on existing alerting systems that can inform an approach to a Red Dress Alert pilot project. Some of these exploratory discussions are happening jointly with provincial and territorial counterparts.
In Fall 2023, CIRNAC developed an engagement paper in collaboration with Public Safety and the Royal Canadian Mounted Police to form the basis for pre-engagement discussions with Indigenous partners. In December 2023 and January 2024, 16 pre-engagement sessions were held with a variety of Indigenous partners and grassroots organizations to hear their perspectives on the development of a system to alert and inform the public when an Indigenous woman, girl or 2SLGBTQI+ person goes missing, so that action can be taken immediately. These sessions, as well as other meetings with Indigenous partners, discussed the vision, goals, obstacles for such an alert, the key elements and criteria to consider in implementing an alert, as well as some information about existing alerting systems.
At the second IFPT meeting, a summary of these pre-engagement sessions was presented, and discussions were held both in plenary and break-out sessions to discuss how a Red Dress Alert can be implemented. Continuing discussions from that meeting, engagements about the potential for a Red Dress Alert have taken place with provincial and territorial governments. These discussions have provided an opportunity to explore the level of readiness to partner to swiftly advance the important work, and co-development with Indigenous partners to create a Red Dress Alert. The Government of Canada will continue to collaborate with Indigenous partners and provinces and territories to end the violence towards Indigenous women, girls, and 2SLGBTQI+ People.
Oversight of the Calls for Justice
The Government of Canada acknowledges that oversight of the implementation of the Calls for Justice and ending the violence against Indigenous women, girls and 2SLGBTQI+ People is required. In order to fulfill this commitment, Budget 2023 committed $2.2 million over five years in order to continue work toward the implementation of Call for Justice 1.10Footnote 1 and the establishment of an oversight body to monitor government progress on the Calls for Justice. Work on Call for Justice 1.10 started in 2022 through initial engagement by CIRNAC with Indigenous partners. In January 2023, an Indigenous company continued this engagement to develop options for further consideration on the oversight mechanism. This company conducted interviews and regional meetings with Indigenous partners to seek their input, in addition to holding sessions to validate findings and recommendations. In spring 2023, the final report drafted by the Indigenous company was shared with Indigenous partners, provinces, and territories. The report called for an independent, Indigenous-les and legislated mechanism, that covers all jurisdictions, ensure that all of the Calls for Justice are implemented, and reports annually to Parliament. The Government of Canada recognizes the importance of an oversight body and continues to validate these finding and next steps as its development and implementation are being considered.
Call for Justice 1.7
In January 2023, Jennifer Moore Rattray was announced as the Ministerial Special Representative and tasked with providing advice and recommendations, through engagement with Survivors, families, partners and organizations, in support of Call for Justice 1.7Footnote 2 to create an Indigenous and Human Rights Ombudsperson. The Ministerial Special Representative met with over 600 people representing 125 organizations, including national and regional Indigenous organizations, of all distinctions, federal government departments, and provincial and territorial governments. The preliminary recommendations of her report were presented during the National Indigenous-Federal-Provincial-Territorial Roundtable on February 7, 2024. The final report was published on March 30, 2024 and can be found online.
Improving Data to improve the safety of Indigenous women, girls and 2SLGBTQI+ People in Canada
The National Inquiry's Final Report, the National Action Plan Data Strategy, and Indigenous partners have noted that any measurement of progress needs to stem from Indigenous ways of understanding safety, and needs to be developed with Indigenous partners. As the National Action Plan Data Strategy stated, safety for Indigenous women, girls and 2SLGBTQI+ People should be measured by the presence of safety factors (such as access to culture and language, access to health and access to justice) rather than the absence of violence. The Government of Canada recognizes the expertise of Indigenous communities in this area, and in 2023-24, has continued to fund several data initiatives that support Indigenous ways of understanding safety. In December 2023, CIRNAC announced the investment of $7.1 million to support 18 new Indigenous-led projects that improve the collection of consistent and reliable data and address current gaps in knowledge to better develop and support Indigenous-led, evidence-based solutions to improving the safety of Indigenous women, girls and 2SLGBTQI+ People in Canada.
Transparency and Accountability
As a way to increase transparency and accountability on the federal government's actions to support the National Action Plan, advance work on the Federal Pathway, and implement the National Inquiry's Calls for Justice, on June 3, 2023, the MMIWG Secretariat coordinated and published the 2022-23 Federal Pathway Annual Progress Report to outline progress to date on federal government initiatives related to MMIWG and the Calls for Justice.
Monitoring progress on the implementation of the Federal Pathway also continued to advance in 2023-24 through the MMIWG2S+ Horizontal Initiative. The Horizontal Initiative consists of Federal Pathway investments from CIRNAC, ISC, Canadian Heritage, Public Safety Canada, Justice Canada, Library and Archives Canada, Canada Mortgage and Housing Corporation, Health Canada, Public Prosecution Service of Canada, Transport Canada, Statistics Canada, and the Royal Canadian Mounted Police. Working together, the participating departments in the Horizontal Initiative developed performance indicators that allow the federal government to measure the effectiveness of their investments and subsequently determine whether violence against Indigenous women, girls, and 2SLGBTQI+ People is being reduced. These new indicators and targets are published in CIRNAC's 2024-2025 Departmental Plan and will begin to be reported on in the 2023-24 Departmental Results Report, due for publication in Fall 2024.
Supporting Healing of Families and Survivors
To support the healing of families and Survivors, CIRNAC funded 33 projects through the Support for the Wellbeing of Families and Survivors of Missing and Murdered Indigenous Women, Girls, and 2SLGBTQQIA+ People. In 2023-24, $3.5 million was allocated for 11 new projects. Budget 2023 also committed a direct investment of $2.6 million to the National Families and Survivors Circle over the next three years to ensure that families and Survivors are centered in the implementation of the National Action Plan and the Federal Pathway.
Grassroots and Indigenous-led Solutions
CIRNAC supports longer-term multi-year projects and approved seven new agreements in 2023-24 through the Supporting Indigenous Women's and 2SLGBTQI+ Organizations program. This brings dedicated funding under this program for regional and grassroots Indigenous women's and 2SLGBTQI+ organizations since 2021-22 to $30.2 million, which is 90% of the total program funding. The Department is currently negotiating agreements for fiscal year 2024-25 that will utilize the remaining funds. These multi-year projects provided the organizations with the ability to self-determine priorities and interests to inform policies and programs, including those that are Indigenous-led. For example, the Department provided funding for the Alberta regional Indigenous women's organization Esquao Institute for the Advancement of Aboriginal Women to host a gathering of Indigenous women leaders and organization representatives in February 2024. This gathering focused on advancing priorities and the identification of concrete substantive actions for the federal government. The program the capacity of Indigenous women's and 2SLGBTQI+ organizations to engage in the development of policies, programs, legislation and other decision-making processes that impact their lives.
Resolution and Forward Motion
Robinson Huron Treaty Litigation Settlement
On June 17, 2023, the Robinson Huron Treaty Litigation Fund leadership and representatives of the governments of Canada and Ontario announced a proposed out-of-court settlement in the outstanding litigation around the 1850 Robinson Huron Treaty. In March of 2024, the Robinson Huron Treaty Litigation Fund leadership and representatives of the governments of Canada and Ontario concluded an out-of-court settlement in the outstanding litigation around the 1850 Robinson Huron Treaty. Canada paid five billion in settlement funds for the Restoule out of court settlement, matched by the Government of Ontario for a total settlement amount of $10 billion. The settlement honours the governments of Canada and Ontario's Treaty obligations, provided compensation to address past claims, and will support the Robinson Huron First Nations to invest in a brighter future for their communities and grow the local economies in the Treaty territory.
Indigenous Childhood Claims Litigation
Childhood Claims are largely historic claims against the Crown that stem from harms committed against Indigenous People in various educational and care settings. Key activities captured under this program include negotiations, implementation of settlement agreements, and engagement with Survivors and other Indigenous stakeholders. The program's objective is to address historic harms committed against Indigenous People outside of the courts.
CIRNAC continues to support the implementation of several class actions settlement agreements, totaling over $8.6 billion in compensation for approximately 200,000 survivors, most notably through the McLean Federal Indian Day Schools settlement agreement and the Indian Residential Schools Day Scholars settlement agreement.
In 2023-24, the Percival Boarding Homes settlement agreement was approved by the Federal Court. The parties continue to work with the court to finalize the terms of the claims process in order to set an implementation date.
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 or its management of First Nations lands, funds and other assets. Between January 1, 2016, and March 31, 2024, compensation totaling $10.7 billion was paid to settle 291 claims. In 2023-24 alone, 42 claims were settled, for a total of $2.5 billion in compensation going to First Nations across the country. One of these claims was the Williams Lake First Nation Village Site Specific Claim, which was settled in September 2023. After the claims was settled, the Minister of Crown-Indigenous delivered an apology on behalf of Canada for the harms suffered as a result of the unlawful and wrongful actions that separated the First Nation from their village lands. In addition, in 2023-24, significant progress was made on an Expedited Agricultural Benefits Claim resolution initiative for Treaties 4, 5, 6, and 10, which has been launched early in 2023. As of March 31, 2024, 77 of these claims has been filed across these Treaty areas and 9 had been settled.
While progress continues to be made in resolving Specific Claims, a large inventory remains. At the end of the 2023-24 fiscal year, there was a total of 680 active claims, of which 190 were under assessment; 378 were under negotiation, 72 were awaiting a response from the First Nation to Canada's offer to negotiate, and 40 were before the Specific Claims Tribunal.
In line with the UN Declaration Act Action Plan measure 2.3 Canada continues to co-develop options for reform of the Specific Claims program. The Specific Claims reform co-development process was officially launched in November 2022, and in 2023-24, Canada and the Assembly of First Nations have made significant progress in developing a Specific Claims reform proposal.
Additions to Reserve Policy Redesign
In 2019, the Additions of Lands to Reserves and Reserve Creation Act was introduced to provide the same procedural tools for Additions to Reserve (ATR) to all First Nations that were previously only available through the former Claim Settlement Implementation Acts in Manitoba, Saskatchewan and Alberta. The Act also enables First Nations to designate pre-reserve lands and address third-party interests prior to lands being set apart as reserve.
Although the Act provided some streamlining of the ATR process, individual First Nations and Indigenous organizations have called for the ATR Policy to be completely overhauled. The current ATR policy is complex, time-consuming, risk-averse, and not aligned with First Nations priorities, interests, and governance structures. Consistent with the UN Declaration Act Action Plan measure 5, CIRNAC is committed to delivering a comprehensive redesign of the 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 recognize the various land management regimes for reserve lands including lands managed through the Indian Act, land code for First Nations operating under the Framework Agreement on First Nation Land Management, and self-governing First Nations land laws.
To facilitate ongoing co-development, in 2023-24, CIRNAC shared principles to guide the policy redesign process with the aim of prioritizing First Nation interests. In 2023-24, CIRNAC provided approximately $4 million to 58 First Nation communities and organizations to conduct First Nation-led engagement on ATR Policy redesign. Reports from these partners are anticipated in Summer/Fall 2024.
CIRNAC and the Assembly of First Nations continue to advance ongoing bilateral 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 Resource Centre and the National Aboriginal Lands Managers' Association.
Creating a National Space for Indigenous Peoples
Ottawa's 100 Wellington Street building is a classified heritage building located directly across from Parliament Hill. The building was constructed in 1931 to 1932, and was occupied by the United States embassy until 1992, but has since remained vacant. Following a nation-wide consultation of over 7,000 participants, it was announced in 2017 that the building would be transformed into a national space for Indigenous Peoples.
CIRNAC, in collaboration with Public Services and Procurement Canada (PSPC), is working with the Assembly of First Nations, Inuit Tapiriit Kanatami, and the Métis National Council to transform 100 Wellington Street, and 119 Sparks Street, the former Canadian Imperial Bank of Commerce building into a national space for Indigenous Peoples in the Parliamentary Precinct. In parallel, CIRNAC and PSPC are collaborating with the Algonquin Anishinaabeg Nation Tribal Council (AANTC) to create a distinct Dedicated Algonquin Space (the infill) between the 100 Wellington Street and 119 Sparks Street given the buildings sit on the traditional, unceded, unsurrendered land of the Algonquin People.
In the short-term, the AFN, ITK, and MNC have been provided with access to 100 Wellington Street to use as a temporary space. The AANTC were similarly provided with access to 119 Sparks Street. In 2023-24, many of the partners made use of the venues to host educational events such as on Canada Day and hold meetings with Indigenous leadership.
Negotiations with the AANTC towards a final agreement advanced significantly throughout 2023-24. CIRNAC, Public Services and Procurement Canada and the AANTC worked collaboratively to present options for a distinct Algonquin space to the Nation's leadership. Following a period of deliberation, Chiefs selected a site for the Dedicated Algonquin Space and consensus was reached on the language and terms of the agreement.
Qikiqtani Truth Commission
The Qikiqtani Truth Commission (QTC) was established in 2007 to bring forward the voice of Qikiqtani Inuit. Throughout the 1950s, 60s and 70s, the Government of Canada introduced colonial policies in the Qikiqtani region and took actions against Qikiqtani Inuit that had deep and lasting effects on them, including forced relocation and family separation, and the killing of qimmiit (sled dogs) that are essential for travel and food security in Inuit Nunangat. A full account of these policies and their effects are outlined in the QTC's Final Report.
On August 14, 2019, the Minister of Crown-Indigenous Relations formally acknowledged the findings of the Qikiqtani Truth Commission's Final Report and apologized to Qikiqtani Inuit for the effects of federal policies undertaken in the Qikiqtani region
Through a Memorandum of Understanding, the Government of Canada and the Qikiqtani Inuit Association (QIA) have been collaborating to implement the findings of the QTC's Final Report. One of the major contributions has been financial contributions to the Saimaqatigiingniq Fund, which designs and develops programming administered by QIA to promote Inuit culture, healing and well-being for current and future generations. In March 2024, a Grant Funding agreement was signed between CIRNAC and the QIA for a third and final payment supporting the QIA Saimaqatigiingniq Fund.
Supporting Visions for Self-Determination and Renewed Relationships
Self-determination can be advanced in several different ways, including through modern and historic Treaties, Self-Government and Sectoral Agreements, Constructive Arrangements such as the transfer of responsibility for services, local and regional governance, and participation in decision-making processes. CIRNAC is supporting Indigenous Peoples' visions of self-determination both through the negotiation of such agreements and arrangements, as well as advancing work on establishing frameworks to enable renewed relationships.
Enabling Frameworks
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration)
CIRNAC played a significant role in the development of the UN Declaration Act Action Plan, and its finalization in June 2023, collaborating closely with Justice Canada and Indigenous partners on the Action Plan Measures for inclusion. Notably, efforts included spearheading the co-development of the Indigenous Modern Treaty Partner Priorities chapter with a coalition of Modern Treaty partners.
Of the 181 Action Plan Measures, CIRNAC is implicated in 55 as the lead, co-lead, or in a supporting role. CIRNAC has developed and implemented a framework to monitor and coordinate these Measures, and to date, 41 (75%) are currently in progress. CIRNAC reported on these Action Plan Measures, as well as legislative and regulatory initiatives that align with the UN Declaration Act through the Justice Canada's annual progress report on the implementation of the UN Declaration Act issued in 2023.
To further support a coordinated and strategic approach to the implementation of the Act, in 2023-24 CIRNAC developed and operationalized various tools and processes for CIRNAC employees to engage with Indigenous Peoples. Most notably:
- A Consistency Assessment Tool that supports alignment of policy, legislative, programmatic, and regulatory initiatives within the Department with the UN Declaration Act; and,
- Piloting an internal introductory training module focused on raising awareness of human rights, the UN Declaration, the UN Declaration Act, and the associated Action Plan, as well as the Consistency Assessment Tool. Between January 2024 and March 2024, almost 500 (just under 25% of total) CIRNAC employees have received the training. Following the piloting period, the training was made available to all CIRNAC employees in March 2024.
Canada's Collaborative Modern Treaty Implementation Policy
In 2023-24, CIRNAC and Indigenous Modern Treaty partners continued to advance work under Canada's Collaborative Modern Treaty Implementation Policy to support the full, effective, and timely implementation of all modern Treaties in Canada. This is done by increasing understanding and awareness within the federal public service to advance a systemic shift in federal behaviour and culture, and address institutional legacies of colonialism. This policy was collaboratively developed by CIRNAC and Indigenous Modern Treaty partners through the Modern Treaty Implementation Policy Working Group. It was released in early 2023, and is also part of Canada's commitment to advance work with Indigenous partners to implement the aims and objectives of the UN Declaration Act.
In 2023-24, work progressed on several priorities identified by members of the Modern Treaty Implementation Policy Working Group under Section 8 of Canada's Collaborative Modern Treaty Implementation Policy. Priorities included the establishment of the Intergovernmental Leaders Forum revising the Cabinet Directive on the Federal Approval to Modern Treaty Implementation and co-developing options for an independent oversight mechanism.
Annex A of the Canada's Collaborative Modern Treaty Implementation Policy also established an Intergovernmental Policy Circle, with representatives of Indigenous Modern Treaty partners and Government of Canada officials. The Policy Circle is intended to serve as a senior level forum for working collaboratively on cross-cutting implementation issues, and to discuss federal legislative, policy, and program initiatives. It is also serving to strengthen relationships and advance matters of importance to all parties.
In 2023-24, three Policy Circles were held, one in September 2023, one in January 2024, and one in March 2024. Officials from several federal departments met with Modern Treaty Partners to discuss a range of topics, including an Indigenous Forestry Initiative, the Canadian Critical Minerals Strategy, Indigenous Health Legislation and the Indigenous Health Equity Fund, and Emergency Management.
Oversight Mechanism for Implementation of Modern Treaties
In September 2023, the Commissioner for Modern Treaty Implementation was put forward as the recommended option for an independent oversight mechanism for the implementation of Modern Treaties after six months of co-development. The proposed Commissioner for Modern Treaty Implementation would take shape as an Agent of Parliament.
The creation of this new role was announced by the Prime Minister at the May 2024 Intergovernmental Leadership Forum, marking a major milestone and transformative shift in the Crown-Indigenous Modern Treaty relationship. The Commissioner will work to hold the Government of Canada accountable for its Modern Treaty obligations and advance key priorities. Additionally, the Commissioner will ensure the federal government is held accountable for living up to the commitments in Modern Treaties and, more importantly, the Nation-to-Nation, Inuit-Crown, and Government-to-Government relationships they embody.
Cabinet Directive on the Federal Approach to Modern Treaty Implementation
The co-development of an updated Cabinet Directive on the Federal Approach to Modern Treaty Implementation was called for in Section 8.1(h) of Canada's Collaborative Modern Treaty Implementation Policy, and in several Action Plan measures under Chapter 5 of the UN Declaration Act Action Plan.
CIRNAC, Indigenous Modern Treaty partners, and other federal government departments have been discussing what a revised Cabinet Directive on the Federal Approach to Modern Treaty Implementation could look like. Informed by bilateral engagements between CIRNAC and other federal departments, this work included ongoing discussions with the Modern Treaty Implementation Policy Working Group in 2023-24, with two of the meetings focused on discussing the revised Cabinet Directive in detail.
The goals of an updated Cabinet Directive on the Federal Approach to Modern Treaty Implementation would include enhancing awareness, monitoring, and compliance of Modern Treaty objectives and obligations across the whole of government. It would also clarify the responsibilities of Deputy Heads in implementing Modern Treaties as part of developing and delivering programs, services, policies, regulations, and legislation.
Deputy Minister's Oversight Committee on Modern Treaty Implementation
Finally, CIRNAC facilitates the Deputy Ministers' Oversight Committee on Modern Treaty Implementation (DMOC) to continue efforts towards a whole-of-government approach to Modern Treaty implementation and to enhance Crown-Indigenous relationships. Discussions at DMOC contribute to strengthening relationships between Canada and Modern Treaty and Self-Government Partners, and supports the advancement of shared priorities. A total of three DMOC meetings were held in 2023-24, with two meetings that welcomed Modern Treaty and Self-Governing partners. The Directors' General Implementation Committee (DGIC), which acts as the operational arm to DMOC, held five meetings in 2023-24, with one meeting that welcomed Modern Treaty and Self-Governing partners. DGIC facilitates horizontal collaboration, policy discussions, and lessons learned across various government departments and agencies.
Recognition and Reconciliation of Rights Policy for Treaty Negotiation in British Columbia
The Recognition and Reconciliation of Rights Policy for Treaty Negotiations in British Columbia (the Policy), co-developed by the Government of Canada, the Province of British Columbia and the First Nations Summit in 2019, replaces the Comprehensive Land Claims and Inherent Right policies in the context of Treaty negotiations in British Columbia and supports a rights-based approach to the negotiation of Treaties, Agreements and other constructive arrangements among participating Indigenous Nations, Canada and British Columbia.
Where there is interest, Canada is prepared to engage using the approaches found in the Policy with negotiation partners elsewhere in the country.
In 2023-24, CIRNAC continued to advance the implementation of the Policy in partnership with the First Nations Summit, the Province of British Columbia and the British Columbia Treaty Commission through key initiatives:
- the conclusion of a tripartite-sponsored, external review of the Policy that examined successes and challenges in implementing the Policy at negotiation tables and opportunities to support the Policy's implementation going forward;
- co-hosting a tripartite session in January 2024 for negotiators, policy analysts and representatives who are involved in negotiations and the development of mandates in the British Columbia treaty process with a focus on mandate co-development and redress; and,
- concluding a multi-year funding agreement with the British Columbia Treaty Commission that allows for a more flexible approach to funding First Nations in the British Columbia treaty negotiations.
Collaborative work has also continued with the Province of British Columbia and participating Indigenous Nations to address the Policy's Schedule A: Commitments to Further Work, with a focus on land-related issues including the constitutional status of lands.
Framework Agreement on First Nation Land Management
Over the 2023-24 fiscal year, six First Nations have become signatories to the Framework Agreement on First Nation Land Management bringing the total signatory First Nations to 209, of which 113 are now fully operating in accordance with their community-approved land laws. Eight of these First Nations have approved their Land Codes over the last twelve months, and one (for a total of four) First Nation transitioned to comprehensive self-governance arrangement- with the Government of Canada.
Budget 2023 committed $35.3 million over three years (2023-2026) towards the co-development of a new First Nation-led land registry with the Lands Advisory Board. The new Registry is to be made available to First Nations that are operational under a land code developed under the Framework Agreement on First Nation Land Management as well as any self-governing First Nation that chooses to use it, provided their lands are defined within the meaning of s.91(24) of the Constitution Act, 1867 as outlined in the Act. A funding agreement between CIRNAC and the First Nations Land Management Resource Centre (Resource Centre) was signed to support the development of a modern land registry to be owned, managed and administered by a First Nation-led organization.
An amendment process to the current First Nations Land Registry Regulations was initiated for transferring the administration of the modernized registry to an independent Indigenous organization, which is intended to provide communities under the First Nation Land Management regime with modernized registry, which could facilitate more opportunities to realize the economic benefits arising from local control over their lands. The regulatory changes will advance further once the registry project is further developed.
Child and Family Services
The Act Respecting First Nations, Inuit and Métis Children, Youth and Families (the Act) received royal assent in 2019 and came into force on January 1, 2020. This Act aims to support the well-being and rights of Indigenous children, youth, and families, recognizing the legacy of residential schools and the importance of reuniting Indigenous children with their families and communities. It emphasizes self-determination, diversity, and is aimed at eliminating the over-representation of Indigenous children in child and family services systems.
Efforts to advance this legislation in the Northwest Territories have focused on community-based approaches, allowing Indigenous governing bodies to develop services tailored to their unique circumstances. Work has been advancing specifically with the Inuvialuit Regional Corporation, the Dene Nation, and the Tłegǫ́hłı̨ Got'įnę Government.
In February 2024, the SCC found that the Act is valid in its entirety and falls squarely within Parliament's legislative jurisdiction under section 91(24) of the Constitution Act, 1867. This decision validates Canada's approach to advance reconciliation through legislation to recognize and implement inherent rights. ISC, with CIRNAC's support, continues to work with Indigenous and provincial and territorial partners to implement this Act through the conclusion of coordination agreements.
Inuit Nunangat Policy
The Inuit Nunangat Policy was co-developed with Inuit Tapiriit Kanatami and the four Inuit Treaty Organizations and was endorsed by federal and Inuit leadership at the April 21, 2022, Inuit-Crown Partnership Committee Leaders Meeting, co-chaired by the Prime Minister of Canada and the President of Inuit Tapiriit Kanatami. The Inuit Nunangat Policy is intended to promote prosperity and support community resilience and individual well-being to create socio-economic and cultural equity between Inuit of Inuit Nunangat and others living in Canada, while improving coordination across federal departments, agencies, programs and operations. It promotes Inuit self-determination by providing guidance to all federal departments and agencies to improve the creation and implementation of their programs, policies and initiatives in Inuit Nunangat and for Inuit.
In 2023-24, CIRNAC led Whole-of-Government efforts to accelerate awareness and implementation of the Policy. Activities included the delivery of 28 individual training sessions for federal organizations, from the Deputy Minister level to working-level, establishing a federal working group to advance implementation, collaborating with the Canada School of Public Service and Inuit Tapiriit Kanatami on the delivery of two educational events for all public servants on "The Shared Responsibility of Implementing the Inuit Nunangat Policy" and "Implementing the Inuit Nunangat Policy: Improving Outcomes for Inuit".
Indigenous Climate Leadership Agenda
Indigenous People have long been climate leaders, but often face significant barriers in addressing their self-determined climate priorities and are left out of key climate-related decision-making processes. Indigenous partners have communicated that more must be done to truly support Indigenous climate leadership and uphold rights that are impacted by the changing climate. In response, Canada has committed to co-developing with First Nations, Inuit, and Métis an Indigenous Climate Leadership Agenda that ensures Indigenous People have a seat at the table in federal climate decision-making and have the resources and authorities to take action on their self-determined climate priorities.
Over the course of 2023-24, CIRNAC continued to work with Environment and Climate Change Canada and with over 40 Indigenous governments and national and regional Indigenous partners on the collaborative process for this Agenda. In 2023-2024, CIRNAC invested over $13 million to support the participation of these Indigenous governments and representative organizations, including enabling Indigenous-led engagement with rights-holders and communities, and the development of their distinctions-based climate strategies and approaches. CIRNAC also ensured close collaboration with these Indigenous governments and representative organizations through various meetings throughout the year, including multiple national-level gatherings with First Nations, Inuit, and Métis partners, on a distinctions-basis.
International Leadership and Collaboration
On the international stage, CIRNAC has an active profile multilaterally, bilaterally, and in trade relations, collaborating with Indigenous and government partners to ensure that international work contributes to positive domestic outcomes for Indigenous Peoples. Working closely with Global Affairs Canada and other departments, CIRNAC promotes the enhanced participation of Indigenous partners in international fora to ensure opportunities for Indigenous Peoples to articulate their positions and interests.
CIRNAC engages constructively across a large spectrum of United Nations (UN) mechanisms and processes. Since 2017, CIRNAC has led efforts and remains committed to advancing resolutions on the enhanced participation of Indigenous Peoples, which could lead to the creation of a status for Indigenous representatives within the UN system.
In 2023-24, CIRNAC continued to lead bilateral engagements on Indigenous issues with various international partners through working groups, information exchanges, Indigenous-to-Indigenous engagement, and established mechanisms including the renewal of the previously signed Canada-Mexico Memorandum of Understanding on Indigenous priorities.
CIRNAC also engages with UN Special Procedures such as the Special Rapporteur on the Rights of Indigenous Peoples following his March 2023 visit to Canada, and works with other government departments on responses and appearances before various UN Human Rights Treaties bodies.
In April 2023, CIRNAC led Canada's delegation at the UN Permanent Forum on Indigenous Issues. In July 2023, CIRNAC participated in the 16th session of the Expert Mechanism on the Rights of Indigenous Peoples. Throughout 2023-24, the Department contributed to numerous UN resolution negotiations, including in the General Assembly, the Human Rights Council, the Committee on the Status of Women, the Convention on the Law of the Sea, the Commission on Population and Development, and the Global Biodiversity Framework, among others.
In September 2023, CIRNAC chaired the Fifth Convening of the Trilateral Working Group on Violence against Indigenous Women and Girls in collaboration with Indigenous leaders from Canada, the United States, and Mexico, subject-matter experts, and officials from the governments of Mexico and the United States. As an outcome of this international dialogue, the voices of Indigenous women, young women, girls and 2SLGBTQI+ people, Survivors and families have been central in shaping the development of impactful supports, programs and services that will positively influence the lives of Indigenous Peoples across Northern America.
CIRNAC participated in the UN Universal Periodic Review appearance in November 2023, which resulted in a total of 332 recommendations from 122 member States on how Canada can better implement its human rights obligations, many of which focused on improving the rights of Indigenous Peoples. CIRNAC is now supporting the implementation of the accepted recommendations.
CIRNAC also actively promoted the recognition and respect of Indigenous Peoples' rights and perspectives on trade policy issues, advocating for the inclusion of Indigenous Peoples in decision-making on matters affecting them.
Negotiation and Discussion Tables
CIRNAC and Indigenous partners continue to hold innovative discussions at a variety of tables to make progress on priorities that advance reconciliation and support the self-determination of Indigenous partners. During the 2023-24 fiscal year, CIRNAC and Indigenous partners established six new discussion tables. There are currently 173 active tables where modern Treaties, self-government agreements and other rights-based agreements are being co-developed.
These discussions explore new ideas to reach agreements that recognize the rights of Indigenous partners, foster self-determination and advance reconciliation by:
- Enabling self-determination and sustainable Indigenous governments who exercise meaningful decision-making powers and advance the well-being of their communities;
- Providing meaningful roles for Indigenous peoples in land, resource and economic development based on their rights and the goal of ensuring predictability in the implementation of those rights; and,
- Reaffirming and honouring Treaty relationships and the full implementation of existing Treaty obligations.
Modern Treaties and Self-Government Agreements
Modern Treaty and self-government agreements set out enduring and shared understandings of rights and interests, between Canada and Indigenous partners including access to fisheries, land use, and the requirement to be consulted and accommodated as they pertain to rights and interests.
Canada is currently implementing 27 modern Treaties (19 of which include or have associated self-government agreements), three stand-alone self-government agreements, and nine education agreements including seven in British Columbia, one in Ontario and one in Nova Scotia.
On May 2, 2023, after over 14 years of negotiations, Canada and the Whitecap Dakota Nation signed a Self-Government Treaty, and on September 1, 2023, A Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate came into effect. This Treaty recognizes the Whitecap Dakota Nation as one of the Aboriginal Peoples of Canada and affirms their inherent right to self-government under the Constitution Act, 1982. This Treaty gives the Whitecap Dakota Nation jurisdiction and law-making powers on their reserve lands over governance, land, natural resources, membership, cultural matters, language revitalization and preservation, education, financial management and accountability, health and social services.
On February 29, 2024, Canada and Birdtail Sioux First Nation signed an Agreement-in-Principle that will help guide their work as Treaty partners to implement the First Nation's inherent right to self-government, support reconciliation measures and reaffirm their Nation-to-Nation relationship. A Memorandum of Understanding was also signed between Canada and Standing Buffalo Dakota Nation on March 1, 2024 that will frame how the parties will work together on delivering results on community priorities.
On February 28, 2023, an Order-In-Council was approved to amend Section 17.0 Programs and Services of the Self-Government Agreements for Little Salmon / Carmacks First Nation, Selkirk First Nation, Ta'an Kwäch'än Council and Carcross / Tagish First Nation with respect to the division and sharing of responsibility for the design, delivery and administration of programs in relation to education within their Traditional Territory. These amendments already existed within the Tr'ondëk Hwëch'in Self-Government Agreement and were further amended to address some outstanding corrections and updating the language within that Agreement. On August 10, 2023, the Replacement Jurisdiction Framework Agreement was signed. Through the conclusion of this Self-Government Agreement, the participating First Nations have recognized law-making authority over Kindergarten-Grade 12 education on their lands.
Canada signed updated self-government agreements with the Métis Nation of Alberta, Métis Nation-Saskatchewan, and Métis Nation of Ontario in February 2023. These updated Agreements recognize the Métis Nation of Alberta, Métis Nation-Saskatchewan, and Métis Nation of Ontario as Indigenous Governments, are binding on the Parties, and commit Canada to negotiating replacement self-government Treaties. 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 was introduced in Parliament on June 21, 2023. It was adopted with amendments in February 2024 by the Standing Committee on Indigenous and Northern Affairs. The intent of the bill is to recognize the Métis Nation of Alberta, Métis Nation – Saskatchewan, and Métis Nation of Ontario as Indigenous Governments authorized to represent and advance the section 35 rights of their collectivities, in the areas of citizenship, internal governance, and administrative matters.
On March 28, 2024, the Federal Court of Canada granted judicial review applications filed by the Métis Settlements General Council and Fort McKay Métis Nation on the decision of the Minister of Crown Indigenous Relations to enter into the Métis Nation Within Alberta Self-Government Recognition and Implementation Agreement. Consultations are underway with the applicants and the Métis Nation of Alberta to discuss the implications of the Federal Court decision and to establish a path forward.
On March 27 2024, Animbiigoo Zaagi'igan Anishnaabek Treaty Reserve Claim Agreement was signed. This out of court settlement concludes a special claim that was filed with the department in 2018, and addresses a related court action that was filed in 2019. The claim shows how CIRNAC prioritizes the resolution of litigation cases through negotiation and settlement.
Education Jurisdiction Agreements in British Columbia
First Nations in British Columbia have been working with the First Nations Education Steering Committee (FNESC), a policy and advocacy organization that represents and works on behalf of First Nations in British Columbia, to advance their vision of education self-determination. Education Jurisdiction Agreements recognize participating First Nations' inherent rights of self-determination and self-government. Through these sectoral self-government agreements, participating First Nations have recognized law-making authority over Kindergarten-Grade 12 education on their lands and are able to lead their own education systems to best meet the needs of their students and communities.
On July 1, 2023, Education Jurisdiction Agreements with Ditidaht First Nation, Tsq'escen' First Nation (Canim Lake Band), and Sḵwx̱wú7mesh Úxwumixw (Squamish Nation) came into effect, bringing the total number of First Nations exercising education jurisdiction up to seven. Work has progressed since then to implement these agreements, as well as the four education jurisdiction agreements that are in their second year with: the Cowichan Tribes, Lil'wat Nation, ʔaq'am, and Seabird Island First Nation.
July 1, 2023, also marked the first anniversary of the establishment of the First Nations Education Authority (FNEA), which assists participating First Nations in developing their capacity to provide education, supports teacher and school certification processes, and exercises authority delegated by participating First Nations. In 2023, the parties also collectively replaced the Education Jurisdiction Framework Agreement to better reflect the changing landscape of education jurisdiction in British Columbia, including adding the FNEA as a party.
Approximately 50 additional First Nations are following the British Columbia Education Jurisdiction Initiative with interest, fifteen of which are actively engaged in discussions with FNESC and Canada with a view to implementing jurisdiction in future years.
Other Constructive Arrangements
There are many paths to self-determination. CIRNAC has worked with Indigenous Nations and groups on a variety of agreements and arrangements to advance their priorities and shared interests.
The Nang K̲'uula • Nang K̲'úulaas Recognition Agreement between Canada and the Haida Nation was signed on July 18, 2023. The agreement recognizes the Haida Nation as the holder of Haida Title and Rights – including inherent rights of governance and self-determination – and the Council of the Haida Nation as the governing body of the Haida Nation, authorized by the Haida Nation Constitution. To implement certain sections of the agreement, Bill S-16 an Act respecting the recognition of the Haida Nation and the Council of the Haida Nation, was referred to the Standing Senate Committee on Indigenous Peoples on February 29, 2024.
The Interim Land Reconciliation Agreement between Canada and the Snuneymuxw First Nation was signed January 27, 2024. This Interim Land Reconciliation Agreement returns 80 hectares of land near Vancouver Island University in Nanaimo to the Snuneymuxw First Nation.
New Fisheries Rights Reconciliation Agreements (RRAs) have also been reached between Canada and the Peace and Friendship Treaty Nations in Quebec and Atlantic Canada, as well as an addendum to an existing RRA. These agreements were co-signed by CIRNAC and the Department of Fisheries and Oceans (DFO) with the aim of supporting both Indigenous fisheries governance as well as advancing their historic Treaty right to fish in pursuit of a moderate livelihood:
- The Collaborative Fisheries Management Agreement was signed by Canada and Abegweit First Nation on April 14, 2023;
- Canada and the Peskotomuhkati Nation at Skutik signed the Hybrid Fishery Agreement on April 27, 2023;
- The Agreement on Fisheries Between Canada, the Micmacs of Gesgapegiag and the Micmac Nation of Gespeg was signed on June 2, 2023; and,
- The Rights Implementation Agreement on Fisheries Between Canada and Mi'gmawe'I Tplu'taqnn Incorporated (MTI) signed on July 5, 2023.
CIRNAC and Parks Canada concluded two Parks RRAs towards implementing Aboriginal and Treaty rights in national heritage places administered by Parks Canada. These agreements enable joint management structures to be established, economic opportunities to be maximized, and for the conservation, protection and presentation of Indigenous culture and heritage in various Parks Canada administered sites. Key agreements that were concluded in 2023-24 are:
- An Interim Agreement on Matters Pertaining to Parks Canada signed between Canada and the Peskotomuhkati Nation at Skutik on August 8, 2023; and,
- The Accord de réconciliation et de reconnaissance des droits concernant le parc national Forillon [Rights and Reconciliation Agreement with respect to Forillon National Park] was signed between Canada and Nation Micmac de Gespeg on January 30, 2024.
Preliminary-type Agreements
Preliminary-type agreements such as Memorandum of Understanding (MOU), Framework Agreements, and Letters of Understanding are those that scope out and commit to future negotiations. In 2023-24, five MOUs were signed.
Two were signed to frame discussions with Indigenous partners around the Recognition of Indigenous Rights and Self-Determination process, between Canada and La Nation Anicinape de Kitcisakik, and one between Canada and la Nation Huronne-Wendat.
On June 1, 2023, a Letter of Understanding between Canada and the Shuswap Band was signed, which commits Canada and the Shuswap Band to a focused discussion regarding the potential negotiation of a reconciliation agreement as part of the Recognition of Indigenous Rights and Self-Determination process.
On March 6, 2024, Canada and the Inuvialuit Regional Corporation signed a MOU on Advancing Reconciliation. The purpose of the MOU is to guide the work of the Inuvialuit Regional Corporation and Canada, as Treaty partners, to advance reconciliation and renew their relationship, and to establish a process to discuss matters of importance for Inuvialuit.
Guidance, Tools, and Information and Training Services
Consultation activities are key opportunities for Canada to demonstrate its continued commitment to rebuilding and maintaining collaborative relationships with Indigenous People through meaningful involvement in decision-making. CIRNAC provides funding for the co-development and implementation of consultation tools for Indigenous partners, such as Consultation Protocols and Resources Centres, thus enhancing foundational capacity for Indigenous People to manage consultation consistent with their self-determination objectives. Additionally, the Consultation and Accommodation Unit within CIRNAC offers guidance and tools to federal officials in order to support Canada's Whole-of-Government approach to the Duty to Consult.
Renewal of the Updated Guidelines for Federal Officials to Fulfill the Duty to Consult
As announced in Budget 2023, the Consultation and Accommodation Unit was provided $11.4 million over three years, starting in 2023-24, to engage with Indigenous People to renew the Updated Guidelines for Federal Officials to Fulfill the Duty to Consult (2011). The renewal of these guidelines is essential to support federal officials in meaningfully meeting the Duty to Consult; strengthen Indigenous-Crown relationships; and support reconciliation milestones. The process includes preliminary engagement, regional engagement in two phases, and the finalization of new guidelines by end of 2026.
Preliminary engagement took place through virtual discussions with 30 different Indigenous communities and organizations across the country between August 2023 and January 2024. Formal engagement on renewal of the Updated Guidelines launched in 2023-24, with the first in-person sessions taking place in Whitehorse (Yukon), Edmonton (Alberta), and Vancouver (British Columbia). As of March 31, 2024, 78 communities and organizations have been engaged. The first phase of engagement will be completed by Fall 2024 and the second phase of engagement will start in Winter 2025.
Consultation Protocols
Consultation protocols foster stronger relationships while clarifying Duty to Consult processes between Canada and Indigenous communities, laying out important parameters and standards. Since 2008, 12 consultation protocols have been signed between Canada and Indigenous partners. Kitselas First Nation in British Columbia and the Wolastoqiyik Wahsipekuk First Nation in Quebec finalized their Consultation Protocols in 2023-24.
Implementation of the Consultation Protocols currently supports 46 First Nation communities and 15 Métis collectives. There are also five Resource Centres across Canada supporting Indigenous partners to meaningfully engage in consultation by ensuring that they have the tools, training and capacity to manage and coordinate requests for consultation. These Resource Centres support 54 First Nation communities and 26 Métis collectives.
Consultation and Information Service - Single Window
The Consultation and Information Service within the Consultation and Accommodation Unit at CIRNAC is a Single Window for providing information to federal officials and other interested parties on the Duty to Consult. This Single Window directs requests from individuals or organizations to the relevant subject matter experts to provide timely advice and guidance on fulfilling consultation obligations and fostering positive Indigenous-Crown relationships. In 2023-24, the Single Window received more than 1,400 inquiries from stakeholders, primarily federal departments and agencies, on Indigenous engagement and consultation.
CIRNAC-led Training
Building a meaningful relationship between the Crown and Indigenous People is one of the key elections to advancing reconciliation. In 2023-24, CIRNAC expanded its consultation learning strategy to address the importance of meaningful relationships with Indigenous partners, including through consultation. In 2023 CIRNAC innovated training by involving Indigenous partners in the development and the delivery of its training offerings. Existing consultation training tools have been enhanced to incorporate the 10 Principles respecting the Government of Canada's relationship with Indigenous Peoples, and aligning Duty to Consult processes to align with the UN Declaration Articles on Free, Prior, and Informed Consent; co-development, and co-management.
Eleven community and organization profiles in ATRIS were co-developed and validated with Indigenous partners in 2023-24. Additionally, four cartographic services on emerging issues were also provided.
CIRNAC delivers training on modern Treaty and self-government implementation in order to promote awareness across all federal departments. In 2023-24, CIRNAC delivered 38 training sessions to over 5,000 federal officials from over 15 departments and organizations. CIRNAC also established a Modern Treaty Implementation Inter-departmental Working Group in the spring of 2023 with the intention of sharing best practices in modern Treaty implementation activities between departments at the working level, with plans to expand the number of participating departments in 2024-25.
Economic Reconciliation
Collaborative Fiscal Policy Development Process
Since 2016, Canada and representatives from 25 Self-Governing Indigenous Governments (SGIGs) have worked together to co-develop Canada's Collaborative Self-Government Fiscal Policy, which was introduced in August 2019. The Policy addresses the fiscal relationship between Canada and SGIGs and focuses on the actual expenditure needs of self-governments, rather than linking funding to previous levels under the Indian Act.
Expenditure need is a measure of the estimated cost of performing a set of services, functions, or activities to meet a set of responsibilities, based on comparative measures or standards. The Policy also guides fiscal transfers to SGIGs from Canada. In 2023-24, fiscal transfer payments of over $2 billion were made to Indigenous signatories in support of their jurisdictional responsibilities and governance activities under the new policy framework.
Since the introduction of the Policy, CIRNAC has been working with SGIGs through the same Collaborative Fiscal Policy Development Process. With the addition of Whitecap Dakota First Nation this past year, the number of SGIGs participating in the Process is now 26. The Process includes regular "in-person" meetings and key working groups, and involves over 150 SGIG representatives, 90 federal employees and impacts over 38,000 individuals from SGIG communities This process has continued to strengthen relationships and trust between Indigenous Governments and the Government of Canada and across Indigenous Governments themselves.
For two areas within this process, the five Modern Treaty holders (MTs) without self government agreements (Gwich'in, Sahtu, Inuvialuit, Makivik, and Naskapi), negotiated prior to the 1995 inherent right policy being created, were invited to participate on developing the expenditure models. The first area is Land Management, in consideration of the authorities within the modern treaties being the same as those found in combined modern treaty/self government agreements negotiated after 1995. A second area is a modified version of the capital infrastructure expenditure model, again, in view of the infrastructure requirements associated with discharging their responsibilities in relation to Land Management in their agreements.
In 2023-24, fiscal policy work has continued in three key areas:
- Capital infrastructure: The (stage one) capital infrastructure policy enhancements from Fiscal Year 2022-23 were applied this year increasing funding for the Fiscal Transfer Agreements. Canada and SGIGs continued to work together on the development of a community infrastructure proxy model (stage two) designed to establish the capital core funding levels for required (as opposed to existing) infrastructure as informed by benchmarks established in communities of comparable size and circumstance;
- Language revitalization: Canadian Heritage and CIRNAC work closely with SGIGs on the development of a funding model focused on adult immersion programming; and,
- Land management: SGIGs and Canada have continued their collaborative work to identify and measure the key policy elements required to establish an appropriate land management expenditure need model.
The Collaborative Fiscal Policy Development Process also includes a shared focus on working towards closing socio-economic and wellness gaps. Tailored initiatives, supported with funding from Budget 2018, continue with on-going evaluation and reporting to assess progress. The on-going Data Project: Indigenous Data Toolkit continues to support SGIGs to build data collections and management capacity on the ground within each community. This year's enhancements included increased SGIGs staff on-line training and topic specific direct expert assistance. As part of the work to address socio-economic and wellness gaps, Canada and SGIGs continue co-development efforts on data indicators.
Financial Transfer Agreements
In 2023-24, a total of 95 Financial Transfer Agreement amendments were ratified with self-governing Yukon First Nations, including:
- 39 Financial Transfer Agreement amendments in the areas of post-secondary education, family violence, income assistance, and infrastructure;
- 34 Program and Service Transfer Agreements in the areas of adult education and Indigenous languages; and,
- 22 amendments to the terms and payment schedules of the Financial Transfer Agreements.
First Nations Fiscal Management Act
The opt-in First Nations Fiscal Management Act (FNFMA) supports reconciliation, self-determination, and socio-economic development of First Nations. The institutions created under the legislation provide First Nations with the institutional supports, capacity building services and the tools they need to exercise jurisdiction in the areas of taxation, fiscal and financial management, infrastructure, and access to capital.
In 2023-24, 16 additional First Nations opted-in to the FNFMA for a total of 364 communities, or over 60% of all First Nations, participating in the regime to advance their self-determination and socio-economic development.
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, received Royal Assent on June 20, 2023. This Bill brought forward legislative amendments to the FNFMA, co-developed with the FNFMA institutions and the First Nations Infrastructure Institute Development Board, that modernized the mandates of the First Nations Tax Commission and the First Nations Financial Management Board, stabilized their operations, and established a national First Nations Infrastructure Institute under the Act. Canada also invested $69.4 million over five years to support these enhancements and to close Indigenous infrastructure, institutional, and support gaps.
CIRNAC continues to work with the fiscal institutions, Modern Treaty First Nations and the Province of British Columbia on draft regulations to enable Treaty and self-governing First Nations to borrow using "other revenues" (i.e., revenues that are not property tax revenues but include government transfers, lease revenue, business, etc.). Work continues on drafting regulations for the use of local revenues (property taxes) as well as on the policy approach for public service-centered Indigenous organizations, such as health or education authorities, to benefit from the Act.
CIRNAC continues to support the FNFMA institutions' work on options for additional fiscal revenues, enhanced access to pooled insurance, capital and investment, and assets management for communities.
Canada's New Approach to Indigenous Tax Policy for Modern Treaty Partners
Specific tax exemptions for First Nations property situated on reserves were created by the Indian Act to protect property on reserves. Since the mid-1990s, Finance Canada's Modern Treaty negotiation mandate has required phasing out section 87 taxation exemptions for individuals registered under the Indian Act who become Modern Treaty beneficiaries. The phase-out is applied to former reserve lands that are converted into Treaty settlement land held by the Indigenous signatory, and on land maintained as reserve land.
In July 2022, Canada changed its approach to the phasing out of section 87 (taxation) of the Indian Act as a requirement in Canada's Modern Treaties. The tax exemption is available for Indigenous governments' former reserve lands and on other First Nation reserves in Canada for prospective and existing Modern Treaty beneficiaries who are registered pursuant to the Indian Act. These changes were made so that First Nation community members can benefit from the exemption from non-Indigenous government taxation while leveraging community level advantages through self-determination.
Indigenous governments have the choice to maintain existing tax arrangements or take up direct tax powers on their own timeline, consistent with the commitment to advance the priority of Indigenous communities to reclaim jurisdiction over tax matters and be consistent with the principle of self-determination.
Notably, in 2023-24, Canada and British Columbia worked collaboratively with BC Treaty Partners (Maa-nulth First Nations, Nisga'a Nation, Tla'amin Nation, Tsawwassen First Nation) to amend their Treaty and reinstated the application of the tax exemption on former reserve lands and for members registered under the Indian Act in Spring and Summer of 2023.
Partnerships
In December 2016, the Prime Minister announced that Permanent Bilateral Mechanisms (PBMs) would be created with the Assembly of First Nations and First Nations, Inuit Tapiriit Kanatami and the four regions of Inuit Nunangat, and the Métis National Council and its Governing Members. Since then, work has progressed through these mechanisms. Additional formal partnerships have been established with the Self-Governing Modern Treaty Partners, and the Congress of Aboriginal Peoples. CIRNAC plays an important leadership role in each of these partnerships, coordinating efforts across the Government of Canada to improve the relationship through these partnerships.
Assembly of First Nations Permanent Bilateral Mechanism
The PBM between the Assembly of First Nations and Canada was established in 2017 through the signing of a Memorandum of Understanding on shared priorities. This Memorandum of Understanding commits Canada and the Assembly of First Nations to hold at least three leadership meetings per year to discuss joint priorities and monitor progress. One of these meetings is to be co-chaired by the Prime Minister and the National Chief.
On March 5, 2024, the Prime Minister and National Chief Cindy Woodhouse reaffirmed their mutual commitment to revitalizing the Permanent Bilateral Mechanism process, supported by an updated list of joint priorities to better reflect the current priorities of the Assembly of First Nations and the First Nations it serves. In 2023-24, two Senior Officials meetings were held with the Assembly of First Nations and Government of Canada officials to prepare for leadership meetings that will be held in 2024-25. These Senior Officials meetings, held on June 14 and December 12, 2023, helped set the path for the proposed updates to be made to the existing Joint Priorities list, as well as the collaborative approach to be used to advance work on these priorities.
Inuit-Crown Partnership Committee
The Government of Canada and Inuit Tapiriit Kanatami, the Inuvialuit Regional Corporation, Nunavut Tunngavik Incorporated, Makivvik Corporation, and the Nunatsiavut Government all participate in Inuit-Crown Partnership Committee (ICPC), which enhances Canada's Whole-of Government approach to engaging with Inuit partners through cooperation, implementation, and accountability. The ICPC was established in February 2017 with the signing of the Inuit Nunangat Declaration on Inuit-Crown Partnership and currently has thirteen joint priority areas each with its own work plan that includes tangible deliverables.
Since its inception, the ICPC has made important progress in key areas of shared priorities, including the co-development of the National Inuit Housing Strategy (2019), the Inuit Nunangat Policy (2022), and the Inuit-Crown Co-Development Principles (2022). The co-developed ICPC evaluation report that looks back on the progress made over the last five years along with key recommendations for moving forward was endorsed in 2023-24. Homelessness was adopted as a new ICPC priority area, and other key reconciliation measures were advanced throughout 2023-24. This work was progressed through two Inuit-Crown Senior Officials meetings and, and two Leaders Meetings, one of which was co-chaired by the President of Inuit Tapiriit Kanatami and the Prime Minister of Canada in May 2023 in Nain, Nunatsiavut.
Métis Nation Permanent Bilateral Mechanism
The Government of Canada and the Métis National Council and its Governing Members are advancing work on the joint priorities identified through the Canada-Métis Nation Accord, which was signed in April 2017 and forms the basis for their PBM.
In 2023-24, a number of key meetings occurred including the Métis-Crown Summit on June 1, 2023, co-hosted by the President of the Métis National Council and the Prime Minister. At this meeting, the Terms of Reference for the PBM were endorsed, and the shared priorities for 2023-24 were affirmed: Co-Development Principles, Economic Development, K-12 Education, Health, Emergency Management, and International Engagement.
There was also a Leaders Meeting on January 31, 2024, co-chaired by the Minister of Crown-Indigenous Relations and the President of the Métis National Council. At this meeting, Leaders accepted the co-developed Métis Nation Co-Development Principles.
Intergovernmental Leaders Forum
Canada's Collaborative Modern Treaty Implementation Policy commits to the establishment of a permanent forum between the Prime Minister, appropriate federal Ministers, and leaders of Indigenous Modern Treaty and Self-Government partners. The purpose of the Intergovernmental Leaders' Forum is to provide an opportunity for direct conversations between leadership on shared priorities and significant matters of concern. The Forum is also an opportunity to ensure that federal departments better understand partner priorities so efforts can be advanced together.
The inaugural Intergovernmental Leaders' Forum took place on May 8, 2023, with all parties acknowledging the considerable progress made in regard to the announcement of Canada's Collaborative Modern Treaty Implementation Policy. The co-developed Forum agenda covered 10 established and emerging priorities that were spoken to by Indigenous Modern Treat and Self-Government leaders, as well as the Prime Minister and key federal Ministers. Among the critical points discussed, some accomplishments that were noted at the Forum included the inclusion of a Modern Treaty Chapter in the UN Declaration Act Action Plan 2023-2028 and the progress made by the Collaborative Fiscal Policy Development Process on housing and infrastructure. While successful initiatives were highlighted, the Forum also served as a venue for productive, ongoing conversations on critical topics where important work remains to be done.
Advancing the priorities of Indigenous Women and 2SLGBTQI+ People
CIRNAC continues to support the three national Indigenous Women's organizations to advance the unique priorities and interests of Indigenous women through Whole-of-Government relationship agreements including the inclusion of this important collaboration as Action Plan Measure 69 in the UN Declaration Act Action Plan. The Canada-Pauktuutit Inuit Women of Canada Memorandum of Understanding (June 2017), the Canada-NWAC Accord (signed February 2019) and the Canada-Les Femmes Michif Otipemisiwak Declaration (signed August 2021) relationship agreements are critical vehicles to ensuring the inclusion of Indigenous women's perspectives on matters that impact their lives.
Through these relationship agreements, CIRNAC supported the Native Women's Association of Canada, Pauktuutit Inuit Women of Canada, and Les Femmes Michif Otipemisiwak - Women of the Métis Nation to advance their Whole-of-Government relationship agreements by developing or updating their own culturally competent and distinctions-based GBA Plus frameworks and tools. CIRNAC provides the three national Indigenous women's organizations with funding to support the implementation of their respective relationship agreements, and operations.
Canada-Congress of Aboriginal Peoples' Political Accord
Canada and the Congress of Aboriginal Peoples continue to implement the Canada-Congress of Aboriginal Peoples Political Accord, signed in 2018 and launched on March 4, 2020. Canada and the Congress co-developed the implementation process which seeks to address joint priorities through working groups co-led by various Departments and the Congress. Five working groups met regularly through 2023-24 on justice, Indigenous languages, Missing and Murdered Indigenous Women and Girls, family programs, and housing.
Closing Socio-Economic Gaps
Housing and Infrastructure
Inuit
In support of Canada's commitments to improve housing and infrastructure in Indigenous communities, CIRNAC has been delivering direct, distinctions-based investments to Inuit Treaty Organizations since 2016. Budgets 2016, 2018, 2021 and 2022 included direct investments in support of this commitment. These investments are guided by and aligned with the Inuit Nunangat Housing Strategy, which was co-developed with Inuit through the ICPC and released in April 2019. The Inuit Nunangat Housing Strategy Implementation Plan, also co-developed with Inuit, was endorsed by federal and Inuit leadership through the ICPC in December 2022. The goal of the Strategy is to address and improve housing outcomes in Inuit Nunangat in line with outcomes for the rest of Canada.
CIRNAC continues to deliver distinctions-based housing and infrastructure investments to Inuit partners for Inuit-led prioritization and delivery to address housing and infrastructure gaps. The Department continues to work with Inuit Tapiriit Kanatami and Inuit Treaty Organizations to implement the co-developed Inuit Nunangat Housing Strategy. Housing and infrastructure are standalone priorities of the ICPC.
Housing and infrastructure funding for fiscal year 2023-24 was delivered to Inuit partners to support housing and infrastructure needs based on plans developed by Inuit. This funding is delivered through flexible grant agreements ensuring that partners are able to deliver results based on their needs, and alleviates some of the significant challenges associated with construction in remote, isolated Inuit communities. In addition to supporting new and improved housing and infrastructure, self-determined delivery is also leading to greater local benefit through Inuit driven contracting, employment, capacity enhancement and partnerships.
In 2023-24, Inuit partners constructed 86 units and repaired 58 units, bringing the overall total since 2016 to 626 units constructed and 469 repaired These investments enable Inuit Treaty Organizations to target the funding where needs are greatest. While most of the housing investments are being put towards construction and repairs, all four Inuit Treaty Organizations are also using the funding to enhance the effectiveness of other federal investments available to them for shelters, including women's and youth shelters. This approach ensures that Inuit housing investments and programs are responsive to Inuit needs.
Métis Nation
In 2018, the Métis Nation Housing Strategy was put in place with an initial investment of $500 million over 10 years. This Housing Strategy aims to address the housing crisis faced by Métis communities in a culturally appropriate and distinctions-based manner. The goal of the Strategy is to reduce the gap in core housing need between Métis and non-Indigenous people in Canada by 50% by 2028. Budget 2022 announced an additional $190.2 million over seven years to improve housing in Métis communities, including the north, of which approximately $127 million will enhance implementation of the Métis Nation Housing Strategy.
Over the past year, great progress has been made by Métis National Council Governing Members (the Métis Nation of Alberta, Métis Nation-Saskatchewan, Métis Nation of Ontario, Métis Nation of British Columbia), and the Manitoba Métis Federation to improve housing conditions for their citizens by further developing their housing programs and capacity to deliver those programs. Reporting numbers for 2023-24 have not yet been finalized , but as of March 31, 2023, 1,575 housing units have been bought or built; 1,537 households have been provided down payment assistance; 4,600 housing units have been renovated; and 9,528 households have been provided rental supports.
CIRNAC regularly meets with Governing Members of the Métis National Council through the Métis Housing and Homelessness Technical Working Group, and bilaterally with the Manitoba Métis Federation to address the housing needs of Métis communities. 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. In 2023-24, specifically, a series of housing-focused meetings were held with Métis partners, annual reporting templates were updated in consultation with partners, and a housing needs assessment survey was designed.
Budget 2021 announced the Indigenous Community Infrastructure Fund (ICIF), a $4.3 billion investment and the first federal, distinctions-based infrastructure investment (outside of housing) that includes Métis. Of this, $240 million over four years is being delivered by CIRNAC to Métis partners (the Métis Nation of Alberta, Métis Nation-Saskatchewan, Métis Nation Ontario, Métis Nation of British Columbia, the Manitoba Métis Federation, and the Métis Settlements General Council) through flexible grant and contribution funding agreements to support self-determined project selection and delivery. In 2023-24, Métis partners continue to support critical infrastructure projects including road work, wastewater management, health centers, senior centers, and addictions treatment facilities.
Modern Treaty and Self-Governing Partners
To date, CIRNAC has transferred a total of $153.2 million to Self-Governing and Modern Treaty First Nations to support housing initiatives in their communities; $89.2 million of this was transferred in 2023-24. All projects undertaken using these funds are managed by the Self-Governing and Modern Treaty First Nations. These investments help address critical housing needs, as well as support the provision of adequate and affordable housing to achieve better health and socio-economic outcomes. Both Budget 2021 and Budget 2022 Housing and Infrastructure funding are being administered in a self-determined approach that relies on partners to develop action plans to identify infrastructure and housing needs which reflect community priorities.
The Urban, Rural and Northern Indigenous Housing Strategy
Budget 2023 committed $4 billion over seven years, starting in 2024-25, to implement a co-developed Urban, Rural, and Northern Indigenous Housing Strategy (U.R.N. Strategy) while Indigenous People living in urban, rural, and northern areas face unique challenges accessing adequate housing. In 2023, under the lead of the Canada Mortgage and Housing Corporation (CMHC), a range of Indigenous-led engagements with Indigenous organizations (including Indigenous Women's organizations), some modern Treaty and Self-Governing First Nations, and Indigenous housing and service providers were held. Overall, more than 6,000 individuals participated in the engagement process. CMHC also received written submissions and conducted an online survey. The process has demonstrated the complexity of the indigenous housing landscape.
Following those activities, the Government of Canada developed a strategy framework and in December 2023, announced its intention to launch a Request for Proposals for the selection of an Indigenous-led organization that will become the National Indigenous Housing Centre that will help flow part of the U.R.N. funding.
CIRNAC and ISC will work with First Nations, Inuit, Métis, and Modern Treaty Self Governing Indigenous Government partners on their distinctions-based housing strategies to make U.R.N. funding accessible in fiscal year 2024-25.
Food Security in the North
Harvesters Support Grant and Community Food Program's Fund
The Harvesters Support Grant (HSG) was implemented in early 2020, its design directly informed through feedback and consultation from northern and Indigenous partners. The HSG is one of the first co-developed initiatives recognizing a decolonized model recommended by the TRC and MMIWG final reports/recommendations. It encourages self-determination and local decision making by helping recipient organizations and communities develop and deploy their own solutions to improve food security in the North and Arctic, based on traditional decision-making and local priorities. In 2022, with investments from Budget 2021, the Community Food Programs Fund (CFPF) was implemented. The HSG and CFPF 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 112 eligible communities. Recognizing the connection between traditional and market foods, the CFPF expands the scope of the HSG to initiatives such as school food programs, elders' meal programs, and group ordering; supporting and strengthening the work communities do to support local food security through culturally appropriate, locally led solutions. The program provides flexible funding, allowing communities to respond to individual needs and evolve local food systems over time.
In 2023-24, Nutrition North Canada (NNC) signed Grant agreements with 24 Indigenous governments and organizations to strengthen supports for traditional food systems in 112 isolated communities. In the first two years of implementation, the Grant has supported over 15,000 hunters and harvesters, in addition to 410 community hunts and harvests, and 717 food sharing initiatives. In Inuit Nunangat, in particular, the Grant supports activities consistent with Inuit Nunangat Food Security Strategy and its associated implementation plan.
Additionally, NNC registered three food banks: 1) Harvest Manitoba; 2) Second Harvest; 3) the Regional Food Distribution Association (RFDA) in an effort to expand community support. Support from the Community Food Programs Fund and the NNC subsidy also enabled the creation of a new partnership between Wiiche'iwaymagon members and food bank agencies and non-profit in December 2023 to strengthen food security outcomes in the North.
Food Security Research Grant
The Food Security Research Grant is supporting Indigenous-led research projects looking at food access inequality, the dynamics of existing federal food access programs and food insecurity among Indigenous People living in eligible communities under the NNC program. The research will inform the ongoing evolution of NNC to meet the program's food security mandate and inform the enhancement and redesign of the subsidy model to support equitable access to market (store-bought) food.
In 2023, the Food Security Research Grant funded five Indigenous-led research projects to identify data gaps in isolated communities and strengthen evidence-based policy making. Research efforts will strengthen the Program's policy options moving forward.
Education: Northern Post-Secondary Education
Access to post-secondary education, without discrimination, for Indigenous People is a key component to meaningful reconciliation and is recognized by both UN Declaration Act and the TRC's Calls to Action. Since the release of the Arctic and Northern Policy Framework, the Government of Canada has supported a number of targeted investments to support the accessibility of post-secondary education for Indigenous and non-Indigenous northerners.
The early measures noted below are aligned with the final report of the independent Task Force on Northern Post-Secondary Education, A Shared Responsibility: Northern Voices, Northern Solutions — Report of the Task Force on Northern Post-Secondary Education (PDF), released in March 2022. The Task Force was established in October 2020 with the mandate to study post-secondary education in the Arctic and North. The Government of Canada welcomed the core findings of the task force's report and is giving careful consideration to its comprehensive set of 37 Calls to Action, in collaboration with northern and Indigenous partners.
In Budget 2019, the Government of Canada committed to investing $26 million over five years starting in 2019-20 to support the construction of a new science building at Yukon University, to enhance learning opportunities for its students – more than 25% of whom identify as Indigenous. In 2023-24, Yukon University continued to engage with the federal and territorial government on its cost analyses of constructing the new science building. Due to Covid-19 related delays and inflation, the University was seeking funding to cover increased costs before construction commenced. Subsequently, the Yukon Government announced in March 2024, in its 2024-25 Five-Year Capital Plan, that it will invest $6-7 million in 2025-26 and $5-6 million in 2026-27, for a total contribution of between $11 to $13 million, to Yukon University.
Through Budget 2019, the Government of Canada also committed to an investment of $12.8 million over five years from 2019-20 to 2023-24 to the Dechinta Centre for Research and Learning to expand the delivery of its land-based, Indigenous-led, post-secondary research and education programming. Among other activities and programs, in 2023-24 Dechinta held its summer semester from May-June, offering an Indigenous land-based course titled "The Land Loves Us Back", a 3-week long hide tanning and self-determination course outside of Yellowknife. Due to the unprecedented wildfires in the Northwest Territories, planned programming was disrupted and paused in late August. In response, CIRNAC approved Dechinta's Post-Evacuation Recovery Plan, a one-time $150,000 payment to fund activities delivered during the fall. This included a series of land-based healing workshops to help individuals and communities who experienced wildfire disruptions. In Budget 2024 the Government of Canada committed to an additional $5.2 million dollars over two years for the Dechinta Center to support access to culturally appropriate post-secondary education that is accessible to Indigenous students in the North.
Additional Work in the Arctic, North and Inuit Nunangat
Beyond and cutting across the three pillars of reconciliation, CIRNAC plays an important leadership role in Inuit Nunangat, the Arctic and the North, particularly with respect to the environment. This work is guided by the Arctic and Northern Policy Framework and the Inuit Nunangat Policy.
A Representative Work Force
The development of the Representative Public Service Plan in the Yukon is a whole-of-government treaty obligation established in Chapter 22 of the Yukon final agreements, which were signed between 1993 and 2005. Once implemented, the plan will aim to foster and maintain a public service in the Yukon that represents the Indigenous make-up of the territory's population. The Yukon final agreements establish that the plan may provide for training, public information, counselling, workplace support, targeted recruiting, the designation of positions to be held by Indigenous people, preferences in hiring, and measures to manage the effect of the plan on the ability of Yukon Modern Treaty partners to recruit and retain qualified employees.
Implementation of the Representative Public Service Plan – Yukon
In 2023-24, Canada continued to advance the development and federal approval of a Representative Public Service Plan ("the Plan"), in accordance with the obligations contained in Chapter 22 of the Yukon First Nation Final Agreements. The Plan is designed to ensure that the federal public service in the Yukon is representative of Yukon First Nations people.
During the spring/summer of 2023, Canada continued to work with First Nation partners to review the Plan and address any concerns raised. By October 2023, the Yukon regional office started to work internally with Pilimmaksaivik and the Yukon Federal Table (senior officials representing all federal departments with offices located in Yukon) to gain final federal approval. The Plan was officially recorded as approved at the March 7, 2024, Pilimmaksaivik ADM Steering Committee meeting.
Implementation of Article 23 of the Nunavut Agreement
Article 23 of the Nunavut Agreement requires the Government of Canada and Nunavut to take measures to pursue workforces that reflect the ratio of Inuit to the total population of Nunavut at all occupational groupings and levels within each governments respective public service. In an effort to meet Article 23, CIRNAC continues to implement and update its departmental Inuit Employment Plan with input from Inuit and Northern partners and support the development of the Whole-of-Government Inuit Employment Plan.
As the federal lead in the implementation of the Nunavut Agreement and the largest federal employer in Nunavut, in 2023-24, CIRNAC 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 35.0% in April 2020 to 46.2% in April 2022, and then to 49.5% in March 2023.
Arctic and Northern Policy Framework
Co-developed with Indigenous, territorial and provincial partners, and with more than 33 federal government departments, the Arctic and Northern Policy Framework (ANPF) was launched in 2019 to guide Government of Canada priorities, activities and investments in the region to 2030 and beyond, and to align Canada's national and international policy objectives with the priorities of Indigenous People in the North and Arctic and all northerners. The Framework reflects the priorities and perspectives of Arctic and northern people and is grounded in inclusive engagement across the region.
The Framework includes eight goals and 67 associated objectives relating to eight overarching themes – people and communities, strong economies, comprehensive infrastructure, environment and biodiversity, science and Indigenous knowledge, global leadership, safety, security and defence, and reconciliation with Indigenous peoples.
The ANPF includes reconciliation-related objectives to: provide ongoing learning and skills development opportunities, including Indigenous-based knowledge and skills; address the systemic causes of all forms of violence against Indigenous women, girls and 2SLGBTQI+ people; end the over-representation of Indigenous Peoples in criminal justice systems; implement culturally appropriate approaches to justice issues; and, support community safety through effective and culturally appropriate crime prevention initiatives and policing services.
The ANPF is now being co-implemented with partners, including over 37 national and regional Indigenous governments and organizations. Implementation has included the establishment of national, regional, and distinction-based governance mechanisms to facilitate targeted identification and implementation of partner priorities.
The most recent ANPF Leadership Committee (political-level) meeting, held in Whitehorse on October 13, 2023, was chaired by the Minister of Northern Affairs, and co-hosted by the Grand Chief of the Council of Yukon First Nations. Twenty-two Indigenous, territorial and provincial partners to the Framework participated. The premiers of Yukon, Northwest Territories and Nunavut attended the meeting virtually. The meeting also included participation of the federal Minister of Housing, Infrastructure and Communities, as well as Parliamentary Secretaries to the Ministers of National Defence and Foreign Affairs. Budget 2024 included new spending commitments which will contribute to the implementation of ANPF goals and objectives, many of which align with the priorities which partners expressed at the 2023 ANPF Leadership Committee meeting. These include supports for mental health and addictions; investments in infrastructure, including housing, and in northern security and defence; and investments in education and training.
Nunavut Devolution
The transfer of responsibilities for public lands, freshwater and non-renewable resources to territorial governments is a long-standing federal policy objective. Devolution of lands and rights in respect of waters was achieved in the Yukon in 2003 and the Northwest Territories in 2014, with Nunavut being the final territory where lands and resources continued to be managed by the federal government.
In Nunavut, being re-empowered with decision-making over lands and resources was part of the vision of Inuit self-determination. Realization of this vision began with the signing of the Nunavut Land Claims Agreement (Nunavut Agreement) in 1993, and the creation of the territory of Nunavut in 1999. The process of devolving land and resource management to the Government of Nunavut formally began in 2008 with the signing of the Nunavut Lands and Resources Devolution Negotiation Protocol, with the next major milestone achieved in 2019 with the signing of the Agreement in Principle. As the representative of Inuit under the Nunavut Agreement, Nunavut Tunngavik Incorporated has been a party to the devolution process since its inception alongside the Government of Canada, and the territorial public government – the Government of Nunavut – whose creation was provided for in the Nunavut Agreement to ensure the return of decision-making to Inuit of Nunavut.
On January 18, 2024, the Government of Canada, Government of Nunavut, and Nunavut Tunngavik Incorporated, Inuit leaders, dignitaries and local citizens celebrated the signing of the final Nunavut Devolution Lands and Resources Agreement in Iqaluit. This landmark agreement is the result of a shared commitment amongst the parties to walking the path of reconciliation that began more than 25 years ago. By re-empowering Inuit of Nunavut and Nunavummiut with land and resource decision-making powers, this agreement supports the political and economic development of Nunavut and ensures future generations of Inuit and Nunavummiut will be the beneficiaries of resource development jobs, opportunities, investments, and prosperity.
The signing of the final Nunavut Lands and Resources Devolution Agreement marks the beginning of a three-year collaborative implementation phase with the final transfer of authorities targeted for April 1, 2027. Meaningful engagement with rights-bearing Indigenous groups will continue over the course of the three-year implementation phase.
Action on Climate Change
CIRNAC's climate change programs continue to support Indigenous and northern communities, governments, and organizations to take a leadership role in climate action through participation in policy, project feasibility and planning, and implementation of climate adaptation and clean energy priorities and projects.
CIRNAC's climate change programs include First Nation Adapt, Indigenous Community-Based Climate Monitoring, Climate Change Preparedness in the North, Northern Responsible Energy Approach for Community Heat and Electricity (REACHE) and Engaging Indigenous Peoples in Climate Policy. In 2023-24, these programs combined invested over $54 million in 300 community-driven projects in Indigenous and northern communities across Canada that support climate adaptation and mitigation.
The examples below highlight multi-year projects undertaken in 2023-24 that are community led, build local capacity, and yield economic opportunities for Indigenous communities.
The First Nation Adapt Program
The program supports First Nations South of 60 to address climate impacts and plan for adaption. As one example, the Program is funding Siksika Nation, in Alberta, to develop a Water Resiliency Strategy that will support communication, integration and community awareness of climate change and water security risks; progress water resilience initiatives; and support exploration of climate change impacts to existing and future water infrastructure. The multi-year project is anchored in community engagement and is supported by a project team led by Siksika Nation Land Management, and directed by an Elder's Advisory Group, Water Advisory Task Force, as well as technical advisors. Through the inclusion of traditional knowledge alongside Western scientific knowledge (known as "two-eyed seeing" Siksika Nation will build on several separate projects linked to water resiliency, to identify adaptation measures and address community concerns in a holistic way. This approach will assist in minimizing risks and strengthening the Nation's resilience, through learning, planning and proactively working with its community members and all service Areas to collectively adapt to climate change.
The Indigenous Community-Based Climate Monitoring Program
This program supports First Nations, Inuit and Métis-led projects that monitor climate and the environmental effects of climate change using Indigenous Knowledge Systems and western science and builds capacity for long-term monitoring. As an example, the program is funding the Manitoba Métis Federation's community-based monitoring initiative, which trains and equips Red River Métis citizen scientists to collect data and monitor climate and environmental changes. Their network uses western science and traditional knowledge to monitor weather, wetlands, water quality, and winter conditions. The initiative raises climate change awareness and provides capacity building and knowledge sharing opportunities among Red River Métis Citizens to support climate adaptation efforts.
The Climate Change Preparedness in the North Program
This program works with communities across the North to address climate impacts and plan for and implement adaptation measures. As an example, the program is supporting First Nations Wildfire, an emergency relief association that provides emergency management and training services, to implement a Yukon First Nations Wildfire project to include traditional land management practices in fire prevention practices. The project will strengthen Yukon First Nations' climate resiliency by determining best practices for traditional land management in regard to wildfires and will help ensure communities and traditional landmarks are better protected from the threats of wildfires.
The Northern REACHE program
This program supports the development of renewable energy across the North. The program is funding Nukik Corporation, an Inuit-led corporation, to begin development work on the Kivalliq Hydro-Fibre Link (KHFL), a 1,200 kilometre overhead hydroelectric transmission line between Churchill, Manitoba and the Kivalliq region of Nunavut. This nation-building project would be the first land connection between the Manitoba and Nunavut and would provide clean, reliable power to five Inuit communities and two mining operations. The project would also deliver high-speed internet via fibre-optic cable to the region. The project is a model example of an Indigenous-led initiative having the potential to bring a wealth of social, economic and environmental benefits to Indigenous communities.
Marine Conservation Targets in Inuit Nunangat
CIRNAC's Regional Partnerships and Research team is involved in the Marine Conservation Targets initiative, led by Fisheries and Oceans Canada, which aims to conserve 25% of our oceans by 2025 and 30% by 2030. The incorporation of multiple types of knowledge, including Inuit Quajimajatuqangit, Traditional Knowledge and science, strengthens the evidence-base for decision-making and environmental management, including the establishment of conservation areas.
CIRNAC is providing capacity and support to regional Indigenous organizations across Inuit Nunangat to identify research needs and to conduct studies, including the collation of Inuit Quajimajatuqangit and Traditional Knowledge and development of biological and ecological studies to provide environmental and cultural information on important areas and inform decision-making on the planning and management of marine areas, and the establishment of conservation sites. This work is contributing to expanding the knowledge base and addressing important recommendations in previous regional assessments that were led by land-claim organizations and relied heavily on community input. Recommendations included the collection of baseline information and filling of knowledge gaps in partnership with Inuit knowledge- and rights-holders; the respectful and meaningful gathering and use of Inuit Quajimajatuqangit and Traditional Knowledge in research programs; and the development of studies on the importance of harvesting on food security in the marine environment.
In 2023-24, CIRNAC provided nearly $4 million to over 20 projects in the Inuvialuit Settlement Region, Nunavut, and Nunatsiavut. The funding was distributed directly to Inuit organizations, or to academia who worked closely with Inuit organizations and communities on collaborative projects. Projects ensure research is governed, resourced, and conducted in an ethical manner that enhances Inuit participation. This is essential to strengthen Inuit capacity and leadership, to ensure that Inuit are engaged in providing advice on marine planning and conservation, as well as identifying and collecting key ecological, social, and cultural information. CIRNAC encourages the collection, interpretation, and ownership of Indigenous data in a way that supports Indigenous data sovereignty.
Major Projects
Yukon Environmental and Socio-economic Assessment Act
CIRNAC Yukon Region has continued working with partners on implementation of Yukon Environmental and Socio-economic Assessment Act (YESAA). The Act's development assessment processes are rooted in the implementation of Chapter 12 of the Yukon First Nation Final Agreement and have been developed collaboratively by the Parties. CIRNAC works to uphold a robust, reliable co-management process, supporting the implementation of modern Treaties and ensuring that Indigenous People are able to meaningfully participate in resource development and environmental decision-making in the Yukon.
In 2023-24, CIRNAC provided $7.05 million in operational funding to the Yukon Environmental and Socio-economic Assessment Board (YESAB), an arm's length development assessment board established through the Yukon First Nation Final Agreements. These funds supported YESAB's work in assessing approximately 120 developments, including YESAB's ongoing screening and pre-screening activities of five major projects including the Faro Mine Remediation and the Mount Nansen Mine Remediation. An additional $1.1 million was provided for YESAB's preparatory work associated with the Casino Mine Project Panel Review.
CIRNAC also provided YESAA Implementation funding to partners to assist them in participating in YESAA assessment processes (rooted in the implementation of Chapter 12 of the Umbrella Final Agreement and developed collaboratively by the Parties) and providing information around potential impacts to their rights and values, including approximately:
- $3.5 million to the 11 self-governing Treaty Yukon First Nations via their Financial Transfer Agreements;
- $399,000 to the Government of Yukon; and,
- $840,000 to Yukon First Nations without Final Agreements (comprehensive land claim agreements).
Northern Regulatory Initiative
Northern regulatory regimes implement commitments from modern Treaties for integrated, coordinated, and participatory systems of natural resource management. Their successful implementation relies on community participation, intergovernmental relationships, and traditional, local, and scientific knowledge.
The Northern Regulatory Initiative (NRI) was formed under the Canadian Critical Minerals Strategy to support clear, trusted, and functional regulatory regimes in a way that reflects and respects their unique contexts in the Yukon, Northwest Territories, and Nunavut. Over the course of 2023-24, CIRNAC worked with northern governments, rights holders, and stakeholders in each of the three territories to design and implement actions under the NRI.
In 2023-24, the NRI dedicated $3.31 million to supporting:
- the participation of otherwise unfunded Indigenous governments and organizations in impact assessment and land use planning processes in areas of critical minerals and enabling infrastructure potential;
- early planning phases of a regional study in the Northwest Territories' section of the Slave Geological Province requested by the Tłı̨chǫ Government;
- work with partners to identify gaps and opportunities in Crown consultation; and,
- completing action plans under the Mackenzie Valley Operational Dialogue, which brings rights holders and stakeholders together to share perspectives, build relationships, and co-develop action plans to advance common regulatory priorities.
Northern Participant Funding Program
The Northern Participant Funding Program (NPFP) was renewed through Budget 2023 with $13.3 million over five years (2023-24 to 2027-28) in grants and contributions to support Indigenous Governments and organizations to participate meaningfully in impact assessments of major development projects in Canada's territories. It also supports participation in related regulatory processes and provides dedicated capacity building funding to Indigenous groups to enhance their ability to participate in future impact assessment processes.
In 2023-24, the NPFP distributed $2.4 million in funding across all three territories to support Indigenous governments and organizations' participation in impact assessments of major infrastructure and resource projects that have the potential to affect their land, lives or livelihood. The opportunity to have their voices heard early on in assessment processes is part of Canada's ongoing effort to advance reconciliation.
Almost $1 million in funding was distributed for three Nunavut reviews (Chidliak Diamond Mine, Back River Energy Centre, Mary River Iron Mine Sustaining Operations Proposal) so that perspectives on impacts to rights and other concerns (e.g., maximizing community benefits) could be shared broadly, and considered by the Review Board and federal decision-makers. Over $1.4 million was also distributed to 13 recipients for the environmental assessment of the Government of the Northwest Territories' Mackenzie Valley Highway proposal.
In November 2023, the NPFP held their first in-person engagements in Whitehorse so that representatives from Indigenous Governments and Organizations could become more familiar with the Program and offer their feedback on how it could better meet their needs.
Offshore Oil and Gas
In 2016, the Government of Canada pivoted to a science-based approach to Arctic oil and gas and announced an offshore oil and gas moratorium in Canada's Arctic waters. CIRNAC is working with territorial and northern Indigenous governments to co-develop climate and science-based life-cycle reviews to oil and gas in the Arctic offshore every five years.
In 2022, CIRNAC, the three territorial governments, the Inuvialuit Regional Corporation (IRC), and the Nunavut Tunngavik Incorporated (NTI) finalized the Arctic review for the western Arctic and eastern Arctic offshore areas. Their findings contributed to Canada's consideration to maintain the moratorium. CIRNAC is working with northern partners to co-develop a second five-year science-based review process to be completed in 2027.
Budget 2023 announced over $6.9 million over five years to support research and traditional indigenous knowledge in the Arctic offshore. Co-developing the science-based approach with northern Indigenous groups ensures Indigenous views and regional approaches to Indigenous knowledge are a key feature of the approach and its findings while supporting Canada's ongoing commitment to reconciliation with Indigenous Peoples.
Western Arctic – Tariuq (Offshore) Accord
On August 10, 2023, the Western Arctic – Tariuq (Offshore) Accord was signed. The Accord establishes a co-management and resource revenue sharing arrangement between Canada and the northern Accord partners, recognizing the Inuvialuit as a full and equal partner in the management of and direct beneficent of economic benefits from oil and gas development in the Accord area, and from potential future offshore renewable resources.
The Accord's signing contributes to Canada's commitment to achieve reconciliation with Indigenous People and a renewed Inuit-Crown relationship based on a recognition of rights and new resource management partnership on Inuvialuit Settlement Region lands.
Budget 2022 announced $2.5 million over five years to support Inuvialuit engagement during the legislative implementation process of the Accord and to support its management and administration following its Royal Assent and coming into force. In 2023-24, CIRNAC started the legislative implementation process to bring the Tariuq Accord into force. CIRNAC is engaging with the Accord signatories on the legislative process as the northern parties have to consent to the legislative changes for the Tariuq Accord.
Contaminated Sites
The Northern Contaminated Sites Program continues to address the significant environmental, human health and safety, legal, and financial risks posed by the Department's portfolio of contaminated sites, and to meet the Government of Canada's commitment to maintain strong partnerships with territorial and municipal governments and Indigenous partners.
CIRNAC is committed to ensuring that remediation projects in the Arctic, North, and Inuit Nunangat are delivered in a way that recognizes and respects inherent Indigenous rights protected by Section 35 of the Constitution and in alignment with the UN Declaration Act.
Project teams continue to explore new ways for Indigenous communities to participate more fully in and benefit from the Program's projects by providing economic opportunities for affected Indigenous Peoples, northerners, and communities. The Program ensures communities and Indigenous Peoples are involved in all aspects of remediation projects through employment, training, and business opportunities. This aspect has helped support socio-economic opportunities in northern Indigenous communities while promoting self-determination and reconciliation.
In 2023-24, the Department made progress towards these goals through consultation and engagement with affected Indigenous communities throughout the full project lifecycle. Examples of progress can be found below.
Northwest Territories
The Kwetı̨ı̨ɂaà (Rayrock) Interim Governance Agreement
In July 2023, the Assistant Deputy Minister of the Northern Affairs Organization within CIRNAC and the CEO of the Tłı̨chǫ Ndek'àowo signed the Kwetı̨ı̨ɂaà (Rayrock) Interim Governance Agreement. This agreement:
- formalizes commitments made by CIRNAC publicly during the 2021 Rayrock Water Licence Public Hearings;
- recognizes the Tłı̨chǫ Land Claims and Self-Government Act and the Tłı̨chǫ desire to "heal the land and the history of the Project Sites, and to restore Tłı̨chǫ confidence and trust in the health of the land, water, and wildlife in the area";
- recognizes the importance of the Tłı̨chǫ having a leadership role in the ongoing remediation and monitoring work associated with the Project under the approved Remedial Action Plan (finalized with the Tłı̨chǫ in 2020); and
- focuses on four themes associated with the Remediation Project: Regulatory/Environment, Risk Communication, Socio-Economic development, and Training/Employment.
To support these initiatives, CIRNAC has entered into a multi-year Contribution Funding Agreement with the Tłı̨chǫ Government that provides annual funding up to $750,000 over the life of the Rayrock Remediation Project.
The Giant Mine Remediation Project
The Giant Mine is a former gold mine located in the City of Yellowknife, Northwest Territories, approximately five kilometers north of the city centre, on the western shore of North Yellowknife Bay, an arm of Great Slave Lake. The site is approximately 1,600 hectares in size.
From 1951 to 1999, approximately 237,000 tonnes of arsenic trioxide dust was produced, and the dust was transferred to underground for storage in five mined-out stopes and 10 purpose-built arsenic chambers (Section 5.1.2.2). The arsenic trioxide dust is hazardous to human health and the environment and it can dissolve readily in water. Arsenic-contaminated groundwater could be released into the surrounding environment.
In 2018, the Ministers of Crown-Indigenous Relations and Northern Affairs committed Canada to engage with the Yellowknives Dene First Nation to better understand the nature of their concerns related to the legacy of Giant Mine and to determine options to work on achieving reconciliation. This commitment initiated subsequent engagements with the Yellowknives Dene First Nation to discuss next steps to better understand their concerns.
On November 16, 2020, the Yellowknives Dene First Nation wrote Canada seeking an apology and compensation for alleged infringements of their Aboriginal rights, Treaty rights, 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 Giant Mine. The impacts of the Giant Mine cited by the Yellowknives Dene First Nation included arsenic pollution of the ancestral lands of the Yellowknives Dene First Nation affecting people and wildlife.
On August 13, 2021, Canada and the Yellowknives Dene First Nations signed agreements aimed at moving forward on addressing legacy on the Giant Mine operation on the YKDFN's territory and to provide socio-economic benefits as a result of the remediation project. The agreements included:
- Collaborative Process Protocol Agreement to guide how the parties will share information and agree on the factual record for the purposes of the Minister(s) seeking a mandate to negotiate an apology and compensation;
- Memorandum of Cooperation that outlines how the NWT Regional Office will facilitate discussions between other federal departments and the YKDFN for the purposes of addressing their social priorities;
- Community Benefits Agreement with the Giant Mine Remediation Project; and,
- Entering into a framework aimed at resolving outstanding issues with relation to Canada's procurement processes.
The Budget 2022 allocated $2.2 million over two years, starting in 2022–23, to support the work conducted by the Yellowknives Dene First Nation under the Collaborative Process Protocol Agreement of which $1.5 million was disbursed directly to the First Nation.
The Project contributed approximately $400,000 in annual funding to the North Slave Métis Alliance, as per the signed Community Benefits Agreement, whereby the federal government will support socio-economic development opportunities. A Procurement Framework Agreement was signed with the Yellowknives Dene First Nation, which prioritizes contracts with Indigenous-owned businesses in the community. The Project Team has engaged in negotiations with the Tłįchǫ Government with regards to developing a Community Benefits Agreement. In the meantime, while this agreement is being negotiated, an Interim Agreement for training and capacity building was signed with the Tłįchǫ Investment Corporation, providing $1 million in funding for fiscal year 2023-24.
As a result of the funding, in 2023, Yellowknives Dene First Nation completed an assessment of their historical records, and submitted their documentation to the NWT Regional Office. The NWT Regional Office is currently completing review of the documents to determine potential next steps and will continue to communicate as to the status of the review and next steps directly with the Yellowknives Dene First Nation which supports reconciliation efforts in the territory.
Yukon
Arctic Gold and Silver, and Venus Sites
The Yukon region has participated in a partnering activity with Carcross/Tagish First Nation to provide funding to Haa Cháli Limited Partnership to conduct on-site water quality sampling and site monitoring at the Arctic Gold and Silver, and Venus sites. This included a number of community meetings and in-depth discussions with elders about the meaning of Gopher (Montana) Mountain and the impact that the Arctic Gold and Silver, and Venus sites have had on the mountain as a first step in jointly determining the remediation objectives.
Faro Mine Remediation Project
The Project Team has continued working with First Nation partners to fully develop a community-based framework for project participation. This has included advancement of community-led revegetation, seed collection, and plant toxicology program. Now in its third year the program has planted a total of approximately 84,000 trees and 1000 seedlings were planted. In addition, a community-based fish and wildlife monitoring program commenced where, in its first year, funding was provided to start a literature review.
Ensero Solutions Inc., the project's environmental monitoring contractor collaborated with Dena Cho Environmental Inc. and a professional instructor to develop an environmental training program for members of the Ross River Dena Council. The program consisted of a seven-day classroom-based instructional module in Ross River, which covered foundational theory such as:
- the main environmental areas of interest at Faro, including surface water, groundwater, and seeps;
- techniques for sampling and measurement; and
- using field equipment.
The program also involved a seven-day practicum where participants conducted routine sampling and measurement through a paid internship. This hands-on training opportunity provided participants with practical experience as well as valuable insights into the day-to-day reality of the environmental monitoring role. Five trainees successfully completed the classroom stage of training and three completed the practicum portion. Looking ahead, plans are underway for another cohort to commence training in spring 2024. Also through the project, Parsons Inc, the main construction manager awarded the 2023 Parsons Kaska Scholarship to Dayna Dickson, a student from Yukon University's Northern Environmental and Conservation Science Degree program. This marked the launch of the Parsons Kaska Scholarship Program to support and enhance access for Kaska First Nation students pursing post-secondary education or trades certification related to the environmental remediation field.
With the Yukon region, the project has also contributed funding to the Yukon University Environmental Monitoring Program. This Program provides students with the technical skills and knowledge necessary for entry-level positions by combining cutting-edge technical components with invaluable First Nation Traditional Knowledge, and has supported 12 Yukon First Nations.
Nunavut
The Nunavut region has held pre- and post-remediation community meetings with nine communities affected by the Department's projects: Coral Harbour Remediation Project, Otter and Montgomery Remediation Project, Akpatok Remediation Project, Pioneer Remediation Project, Bathurst Island and High Arctic Remediation Project and the Pelly Lake Remediation Project. These meetings serve as a forum for community engagement and gathering of feedback. At the Coral Harbour Remediation Project meeting, community members raised concerns about additional suspected contaminated sites, which have now been reviewed, assessed, and expanded the scope of work of the project to ensure community concerns are addressed.
The cleanup of contaminated site in overlapping land regimes can be very challenging and often require rigorous consultations and engagements with the stakeholders of the involved land regimes. During 2023-2024, one of the sites in Nunavut fell within the overlapping land areas of Nunavut and Nunavik regions. CIRNAC successfully facilitated consultations between these regions leading to the eventual completion of the remediation of the site and notable employment and economic benefits within these two regions.
Re-investment of penalty deductions
To ensure that local Inuit of all affected communities benefit directly from the remediation of projects, contracts commit to employ a certain percentage of Inuit workers and firms on each project. When a contractor fails to fulfill this commitment, they are financially penalized. Financial penalties are then re-invested into the community by supporting capacity training programs. In 2023, the region invested approximately $37,000 in the communities of Arviat and Resolute Bay, working with the communities to identify their training needs as well as helping support the funding of training programs.
Inuit Capacity Development Program
Under this program, contractors have access to funding up to 2% of the total project cost to develop and deliver a training program to local Inuit and Northerners. The intent of this training is to offer further capacity building in communities near remediation work to enable those interested in developing skills that could be used in the labour market and often targets skills needed to work in the construction and remediation field. In 2023-24, Arviat community members participated in this program and were provided with a training that focused on mold abatement, asbestos abatement, lead abatement and respiratory protection.
Emergency Management
Indigenous communities are especially vulnerable to climate change-related risks, in part due to their rural, remote or coastal settings, close ties to their environment, and reliance on natural resources. While Public Safety Canada leads federal efforts towards emergency management, CIRNAC and ISC also have important roles to play in supporting Indigenous Peoples. The 2023 wildfire season was particularly challenging and gaps in emergency support for Indigenous communities in the North were identified. CIRNAC provided $15 million to 27 Indigenous organizations in the Northwest Territories to support immediate emergency management needs. Given the projected forecast for the 2024 wildfire season, Canada is assessing longer term solutions to support Indigenous communities in the North.
Northern First Nations
In February 2024, CIRNAC Yukon region held its first Yukon and Northern British Columbia First Nations Emergency Management Forum since the start of the pandemic. Co-hosted with the Government of Yukon, the revived annual Forum focused on encouraging the development of multi-lateral agreements between First Nations, Canada and the Government of Yukon.
With the expected development of various multilateral Emergency Management agreements which will enhance the involvement and collaborative participation of First Nations in all areas of Emergency Management in the Yukon and Northern British Columbia, the Forum will have served as a springboard to advancing reconciliation and supporting greater self-determination in this increasingly important area of concern.
Conclusion
Moving forward, thoughtful discussion, 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 an integral part in achieving the renewal of a Nation-to-Nation, Inuit-Crown and Government-to-Government relationship with Indigenous People.
Canada's Arctic and Northern regions are at the forefront of transformation driven by advances in self-determination and reconciliation with Indigenous People. Modern Treaties and Land Claim agreements cover almost the entire region, and negotiations are ongoing. Unique and diverse mechanisms for shared governance and co-management of lands and resources involve all levels of government and continue to drive transformation at a whole-of-society level. Achieving this will require further work to strengthen and nurture IFPT collaboration on shared priorities, including the implementation of the Arctic and Northern Policy Framework goal "Reconciliation supports self-determination and nurtures mutually respectful relationships between Indigenous and non-Indigenous peoples" and its associated objectives. These objectives pertain to areas such as modern Treaty implementation; increased self-determination and representation of Arctic and northern Indigenous peoples; revitalization and strengthening of Indigenous cultures, languages and knowledge systems; and redressing of past wrongs against Indigenous peoples.
One of the ways this will be achieved is through ongoing support to the Whole-of-Government approach to consultation. Engagement and discussions with First Nations, Inuit and Métis will continue to inform a meaningful renewal of the consultation and accommodation guidelines. Co-development of new consultation protocol agreements and training materials will support more pragmatic approaches to consultation, in better alignment with self-determination objectives. Similarly, collaboration and co-development of content alongside Indigenous communities for our public-facing information system, Aboriginal and Treaty Rights Information System (ATRIS), advances Indigenous self-determination objectives.
Co-development of options to bring about a major reform of the Specific Claims process will also continue in 2024-25. Canada is engaging with rights holders throughout the country to finalize the reform proposal and ensure it reflects the aspirations of First Nations. Following that, Canada will continue to work with First Nations partners as we turn to the implementation phase.
The partnerships with Indigenous institutions, such as the Lands Advisory Board, the First Nations Land Management Resource Centre, the First Nations Financial Management Board, the First Nations Tax Commission, the First Nations Finance Authority, and the First Nations Infrastructure Institute, to support self-determination for First Nations are key. The continued increase of operational First Nations under the Framework Agreement on First Nation Land Management and the commitment of Canada to continue to support this and the development of the First Nation Land Governance Registry as a modern, First Nation owned and operated land registry to support operational Nations in the management of their lands, is a strong measure towards First Nation self-determination. Furthermore, Canada's on-going support for the First Nations Fiscal Management Act regime provides communities with the means to assert jurisdiction over financial, fiscal, infrastructure management, and access to long-term, low-interest capital for their socio-economic development projects.
CIRNAC will continue to implement the TRC Calls to Action, and specifically CTA 72 to 76 regarding Missing Children and Burial Information. This ongoing work will increase the information available to families and Survivors on student deaths and burial places, accelerate the progress in data collection. Moreover, to advance Calls to Action 74 to 76, CIRNAC will support community-led initiatives centered on Survivors to locate, document, and memorialize undocumented burial sites and graves associated with the 145 former residential schools included in the Indian Residential Schools Settlement Agreement (IRSSA) and the Newfoundland and Labrador Residential Schools Settlement Agreement (Anderson).
The development of Indigenous-led institutions and governance is an essential step towards Indigenous self-determination. It is a fundamental principle of the UN Declaration. CIRNAC is working to put in place effective mechanisms to support the transition away from colonial systems of administration and governance through support to Indigenous Peoples to advance their governance institutions.
To advance and support self-determination, Canada will further pursue negotiations to increase the number of modern Treaties, self-government and other constructive arrangements while continuing to work with Self-Governing Indigenous Governments on the development of a renewed fiscal policy that supports self-government through the Collaborative Fiscal Policy Development Process.
While considerable work remains to be done, measures taken to-date demonstrate the strength of the government's commitment going forward.