Appearance before the Standing Committee on Indigenous and Northern Affairs (INAN) Ministerial Priorities (October 28, 2024)

Logistics

Date: October 28, 2024

Time: 3:30 p.m. – 5:30 p.m.

Location: 197 Sparks Street, room 415

Appearing

Committee Membership

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

Parliamentary Analysis

• MP Patrick Weiler (LIB) (Chair) may ask questions about housing for Indigenous communities, as well as efforts for increased consultation with Indigenous peoples.
• MP Michael V. Mcleod (LIB) will likely ask questions that pertain to communities in his riding of the Northwest Territories, including the Indigenous and Northern housing and infrastructure funding gap in communities in the territories. He has previously asked questions related to climate change response and mitigation, including wildfire recovery supports for Indigenous and Northern communities. He also may ask questions related to tuberculosis elimination strategies in Inuit and on-reserve areas, inconsistencies regarding medical travel escorts, and the inability for Métis children with autism to get support from Jordan's Principle. During officials' appearance on Main Estimates, he asked how the government is supporting economic development and creating jobs in the Northwest Territories, and about funding for the Nutrition North program.
• MP Brendan Hanley (LIB) may ask questions specific to his riding, Yukon. He may ask about self-governance for Indigenous communities, specifically those in his riding. He may also ask questions on Northern economic development and support for Indigenous-owned businesses.
• MP Jaime Battiste (LIB), Parliamentary Secretary to the Minister of Crown-Indigenous Relations, has been a strong advocate for First Nations, Métis, and Inuit issues throughout his career. He may ask questions about Jordan's Principle, as well safe drinking water in Indigenous communities. During officials' appearances on Main Estimates, he asked about the National Day for Truth and Reconciliation and the government's efforts towards implementing the TRC's calls to action.
• MP Ben Carr (LIB), may ask questions that pertain to Indigenous communities in his province (Manitoba). He may also ask about child and family services, as well as the opioid crisis. During officials' appearance on Supps C, he asked about supports for Indigenous education and investments in Churchill, MB.
• MP Anna Gainey (LIB), asked about the state of the Canadian High Arctic Research Station during officials' appearance on Supps C. She also asks questions about the implementation of UNDRIP.
• MP Jaime Schmale (CPC) (Vice-Chair), is also the CPC Critic for Crown-Indigenous Relations and Critic for Indigenous Services. He will likely highlight economic reconciliation in his questions. He may ask questions related to: the department's progress on payments for out-of-court settlements; the Nutrition North Canada Program's targets and timelines and tie his questions to the carbon tax; updates about MMIWG recommendations and a Red Dress Alert, and be critical of how slow the Government has been to act on this; the failure to provide Indigenous communities with support to manage environmental emergencies like floods and wildfires; and remaining boil water advisories on reserves and ISC's failure to provide Indigenous communities with support to manage environmental emergencies like floods and wildfires. He has previously asked about measuring outcomes for Indigenous housing, and why increased funding has not led to better outcomes. During officials' appearance on Main Estimates, he asked questions about the measures the department was taking to ensure that non-Indigenous peoples are not able to access compensation from finalized settlements. He also asked about the department's failure to fulfill the TRC's Calls to Action.
• MP Eric Melillo (CPC), may ask questions about food insecurity, medical transportation in northern and remote communities, the Grassy Narrows care facility, and infrastructure gaps in Indigenous communities. He may criticize the Nutrition North program and ask what steps are being taken to lower food costs in the North. His questions will likely support an economic reconciliation approach. During officials' appearance on Main Estimates, he asked why recent PBO and Auditor General reports show that increased ISC spending has not led to increased departmental results and what measures were being taken to increase productivity. He also asked what actions are being taken for the people of Grassy Narrows and why the government has not acted sooner.
• MP Bob Zimmer (CPC) is the CPC Critic for Northern Affairs and Arctic Sovereignty, as well as the Critic for the Canadian Northern Economic Development Agency. He has previously asked for breakdowns of funding for several Specific Claims by community. He may ask questions about the funding for the Nutrition North Canada Program needing to benefit people rather than corporations, as well as about Arctic security and defence. He may ask questions regarding boil water advisories in Indigenous communities and cancelled or delayed critical infrastructure projects in Nunavut. During officials' appearance on Supps C, he asked about affordability and the carbon tax in the territories.
• MP Martin Shields (CPC) may ask questions about food insecurity and may tie food insecurity to the carbon tax. He may also ask questions on water security and water and wastewater systems.
• MP Sébastien Lemire (BQ) (Vice-Chair), is also the BQ critic for Crown-Indigenous Relations and Northern Affairs. He will likely ask questions related to funding for the TRC's Calls to Action, wildfires, water insecurity, and housing. He may ask about the lack of funding for Indigenous issues. During officials' appearance on Main Estimates, he asked about mental heath services available for Indigenous youth, specifically teenagers. He also asked about funding requests for the Yänonhchia' housing initiative, the Indigenous and northern infrastructure gap, as well as Indigenous housing programs and supports.
• MP Lori Idlout (NDP), the critic of Crown-Indigenous Relations and Northern Affairs, will likely ask questions that pertain to her riding in Nunavut. She will likely be critical about the sunsetting of funding for various ISC programs, including ones for mental health and wellness, the legacy of residential schools, Jordan's principle, the Inuit Child First Initiative, and housing, water, and community infrastructure. She will likely highlight the infrastructure gap in Indigenous communities and ask about the correlation between poor housing and health issues, a lack of affordable housing in Nunavut, funding for infrastructure, water infrastructure challenges on reserves, and the low funding for education infrastructures, including calling for the funding of 13 Inuit-language and cultural schools in the near future. She may also ask about health, tuberculosis rates, medical transportation in the North, and the Grassy Narrows care facility. She will likely be critical of the funding for the Nutrition North Canada Program benefiting corporations rather than people in the north. She may ask questions related to reconciliation, including on Bill S-16, Red Dress Alert, MMIWG, police-involved Indigenous deaths, and unmarked graves.

Recent INAN studies, reports and government responses

• Bill C-61, An Act respecting water, source water, drinking water, wastewater and related infrastructure on First Nations lands (last meeting on October 21, 2024)
• Bill S-16, An Act respecting the recognition of the Haida Nation and the Council of the Haida Nation (referred to committee June 19, 2024)
• Nutrition North Canada (last meeting on May 8, 2024)
• Report 15: Main Estimates 2024-2025 (presented on May 30, 2024)
• Report 14: "We Belong to the Land": The Restitution of Land to Indigenous Nations (presented on May 8, 2024)
• Report 13: Braiding Learning and Healing: A Pathway to Improving Graduation Rates and Successful Outcomes for Indigenous Students (presented on May 8, 2024)
• Report 2, Housing in First Nations Communities (last meeting on April 29,2024)
• Report 3, First Nations and Inuit Policing Program (last meeting on April 29,2024)
• Report 12 – Bill C-53, An Act respecting the recognition of certain Métis governments in Alberta, Ontario and Saskatchewan, to give effect to treaties with those governments and to make consequential amendments to other Acts (presented on February 8, 2024)
• Government Response to Report 14 – "We Belong to the Land": The Restitution of Land to Indigenous Nations (presented September 16, 2024)
• Government Response to Report 13 – Braiding Learning and Healing: A Pathway to Improving Graduation Rates and Successful Outcomes for Indigenous Students (presented September 16, 2024)
• Government Response to Report 11 – Food Security in Northern and Isolated Communities: Ensuring Equitable Access to Adequate and Healthy Food for All (presented on January 29, 2024)
• Government Response to Report 10 – Arctic Security and Sovereignty, and the Emergency Preparedness of Indigenous Communities (presented on October 19, 2023)
• Government Response to Report 9 – Reclaiming, Revitalizing, Maintaining and Strengthening Indigenous Languages in Canada (presented on October 16, 2023)
• C-51 – An Act to give effect to the self-government treaty recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate and to make consequential amendments to other Acts (last meeting on June 19, 2023)
• Government Response to Report 6 – Moving Towards Improving the Health of Indigenous Peoples in Canada: Accessibility and Administration of the Non-Insured Health Benefits Program (presented on April 17, 2023)

Recent Correspondence

• Lori Idlout (NDP): June 17, 2024 – Capital allocation policies on school expansions and renovations
• Lori Idlout (NDP): May 9, 2024 – Requests submitted through Jordan's Principle & Inuit Child First Initiative
• Eric Melillo (CPC): March 4, 2024 – Tragic fire in Cat Lake Cat First Nation that destroyed their nursing station.
• Bob Zimmer (CPC): January 29, 2024 – Transfer of parcels on the Summit Lake watershed

Members OPQs/Petitions

• Jamie Schmale (CPC): December 5, 2023 – Compliance audit to be included in the Government's Indigenous Business Directory. Response tabled January 29, 2024.
• Jamie Schmale (CPC): December 5, 2023 – With regard to CIR: what criteria, framework, and legal test was used by the Government to determine that each of the communities represented by the Métis Nation of Ontario holds rights under Section 35 of the Constitution Act of 1982. Response tabled January 29, 2024.
• Bob Zimmer (CPC): May 1, 2024 – Northern Affairs Canada's Northern Abandoned Mine Reclamation Program. Response tabled June 17, 2024.
• Bob Zimmer (CPC): March 18, 2024 – Northern Responsible Energy Approach for Community Heat and Electricity Program. Response tabled May 3, 2024.
• Bob Zimmer (CPC): March 18, 2024 – 2024-25 CIRNAC Main Estimates, $94,603,783 listed under "Contributions for promoting sage use, development, conservation and protection of the North's natural resources, and promoting scientific development" and $4,151,000 listed under "Grants for promoting the sage use, development, conservation and protection of the North's natural resources, and promoting scientific development." Response tabled May 3, 2024.
• Lori Idlout (NDP): February 15, 2024 – Federal funding committed to the creation and maintenance of housing stock in Nunavut, broken down by fiscal year since 2015-16. Response tabled April 10, 2024.
• Lori Idlout (NDP): May 9, 2024 – Requests submitted through Jordan's Principle and Inuit Child First Initiative. Response sent to PCO July 17, 2024, not yet tabled.
• Lori Idlout (NDP): June 17, 2024 – Capital allocation policies on school expansions and renovations. Response sent to PCO July 30, 2024, not yet tabled.
• Lori Idlout (NDP): September 20, 2024 – Contracts with healthcare agencies to serve rural and remote Indigenous communities at ISC, broken down by fiscal year, since 2017-18. Not yet tabled.

In the Media

• Six Indigenous deaths after interacting with police in last 2 weeks | aptnnews.ca
• Blood Tribe man dies after altercation with Calgary police | aptnnews.ca
• First Nations leaders call for clear path forward on rights-based fisheries | CBC News
• NDP MP urges policy changes in emergency debate on First Nations deaths by police | CBC News
• Thousands rally at Queen's Park to demand action on mercury poisoning in Grassy Narrows First Nation | CBC News
• 'Deeply ashamed': Canadian Medical Association apologizes for harms to Indigenous peoples | Globalnews.ca
• Auditor general considering probe into Indigenous procurement program - National | Globalnews.ca
• Alberta First Nation suing federal government over unclean tap water | CBC News
• Plastics industry treats Indigenous lands as 'sacrifice zones' | Canada's National Observer: Climate News
• Ottawa failing to meet Jordan's Principle deadlines for First Nations kids' care most of the time | CBC News
• $349B needed now to close infrastructure gap by 2030, Assembly of First Nations says in report | CBC News

Meeting Proceedings

The meeting is scheduled for October 28, 2024, 3:30 p.m. – 5:30 p.m.

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

It is recommended that all speakers speak at a moderate pace and at an appropriate volume to ensure they are heard by the interpreters. All witnesses are asked to mute their microphones unless they are speaking. A new practice that was recently instituted as a measure to protect interpreters from injury, is that when earpieces are not in use by witnesses, that they be placed on the designated white circles installed on the table.

Following the opening remarks, there will be rounds of questions from Committee members (as listed below).

Departmental Officials appearing as witnesses should avoid making commitments to parliamentarians outside of the meeting's official proceedings. If a Member of Parliament or Senator approaches a witness asking for information, they should politely redirect that request to the Clerk of the Committee, who will then officially liaise with the Department.

The current political climate has led to some committee meetings being overtaken by debates and motions. Witnesses should be prepared for interruptions and heated exchanges and remain calm and poised while at the table.

Committee members will pose their questions in the following order:

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

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

Other Information for Appearing In-Person

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

Treaties and Aboriginal Government

• Action: Co-Development of Rights-Based Solutions
  • Outcome
    • 174 active negotiation tables with Indigenous communities receiving negotiation support funding to participate in discussions
    • Over 120 Recognition of Indigenous Rights and Self-Determination Discussion tables (RIRSD) established since 2016
    • 106 preliminary-type agreements signed since 2016, setting the stage for substantive rights-based discussions
• Action: Concluded Treaties, Self-Government Agreements and Other Constructive Arrangements
  • Outcome
    • 42 treaties, self-government and other constructive arrangements concluded since 2016; representing 110 Indigenous communities, organizations or governments, including:
      • 5 agreements that recognize an inherent right to self-government
      • 5 apologies or exonerations
    • 12 treaties, self-government and other constructive arrangements signed in 2023-24. Notable agreements signed in 2023-24:
      • Nang K̲'úulaas Recognition Agreement signed with the Council of the Haida Nation
      • Interim Land Reconciliation Agreement signed with the Snuneymuxw
      • Hybrid Fisheries and Parks Reconciliation Agreements signed with the Peskotomuhkati Nation at Skutik
    • 3 special claims settled since 2016, including:
      • Canada's $666 million as part of the Williams Treaties First Nations Settlement Agreement
      • Canada's $95 million in compensation to Lubicon Lake Band
      • $1.3 billion to Siksika First Nation
• Action: Litigation Settlements
  • Outcome
    • Since 2016, 5 settlements have been negotiated with Indigenous partners, which would have otherwise been litigated through the courts:
      • Includes Canada's $5 billion contribution to settle litigation with Robinson Huron Treaty First Nations to honour the Crown's treaty obligations regarding Annuities announced on June 17 2023
• Action: Collaborative Fiscal Policy Process
  • Outcome
    • 26 Self-Governing Indigenous Governments worked with Canada to complete co-development of funding proposals relating to Infrastructure (Stage 2), Lands, resources and treaty management, and language revitalization.
• Action: Financial Mandating Framework
  • Outcome
    • 11 Indigenous groups received comprehensive treaty financial offers and 4 groups received offers for incremental benefits in 2023-24. All 15 groups accepted the offers.
• Action: UNDA Action Plan Measures
  • Outcome
    • Eight United Nations Declaration Action Plan Measures (UNDA APMs) to advance rights-based issues with partners:
      • APM 1.23 – Withdrawal of the Comprehensive Land Claims and Inherent Right Policies, an issuance of a public statement clarifying Canada's rights recognition approach
      • APM 1.24 – Remove and jointly address identified barriers to settlement and co-development of approaches for the right to self-determination.
      • APM 2.2 - Re-affirm pre-1975 treaty relationships based on the principles of mutual respect, self-determination and the nation-to-nation relationship
      • APM 3.1 - The Crown will respect and support the right of Inuit to exercise their right to self-determination
      • APM 4.1 - Canada will recognize, support and advance the exercise of Métis rights to self-determination, and the inherent right to self-government
      • APM 4.2 - Canada will continue to engage with Métis governments and partners to develop measures and approaches for the redress of Métis claims and historical wrongs
      • APM 4.3 - Canada will continue to collaborate with Métis governments and partners through Recognition of Indigenous Rights and Self-Determination Discussion Tables
      • APM 4.4 - Canada will continue to advance reconciliation between Métis Nation British Columbia (MNBC) and Canada by fulfilling its commitments in the MOU by co-developing agreements and shared solutions

Resolution and Partnerships

• Action: Prairie Green Landfill: Transfer funds ($20million) to the Government of Manitoba by means of a grant
  • Outcome
    • $20 million transferred to the Government of Manitoba in August 2024.
    • The Government of Manitoba is currently leading a search of the Prairie Green Landfill for the purpose of trying to locate, recover and identify the remains of Morgan Harris and Marcedes Myran, two murdered First Nation women.
  • Context
    • $200,000 has been flowed by ISC to the Long Plain First Nation to support victims' families during the period of the trial.
    • Criminal trial of Jeremy Skibicki, found him guilty of four counts of first-degree murder in the deaths of four First Nations women, including Morgan Harris and Marcedes Myron.
• Action: Specific Claims are resolved
  • Outcome
    • Since the program began in 1973 to August 31, 2024, settled 715 claims through negotiations for more than $15.6 billion in compensation.
    • From January 1, 2016 to August 31, 2024, 310 claims resolved for close to $11.8 billion in compensation.
    • In FY 2023-24:
      • 42 claims settled for $2.5 billion in compensation
      • 88 claims filed with the Minister
      • We made an offer to negotiate on 84 claims
    • So far in FY 2024-25, 16 claims settled for $884 million in compensation
    • As of August 31, 2024, there were 727 claims in the Specific Claims inventory.
    • Proportion of claims accepted for negotiation has increased from 65% in 2014-15 to 95% in 2023-24
  • Context
    • Past injustices are recognized and resolved (Departmental Plan)
    • Accelerate the resolution of outstanding land claims (Mandate Letter)
• Action: Unmarked Burials
  • Outcome
    • As of September 20, 2024, CIRNAC has received 182 funding requests under the Residential Schools Missing Children - Community Support Fund totaling $612.4 million. 146 funding agreements totaling $216.6 million (2021-22 to 2024-25) have been put in place.
    • The Government of Canada has invested $323.1 million to date to support the implementation of Calls to Action 74 to 76.
    • 60% (84 of 140 Indian Residential Schools)^{Footnote 1} of former residential schools for which investigation work has been conducted (Target: 86% by March 2025).
    • 98% (174 of 177)^{Footnote 1} of funding requests for which engagement between the Department and the partner/community is underway within thirty (30) calendar days of receipt (Target: 85% by March 2023).
  • Context
    • The Residential Schools Legacy Program aims to provide support to Indigenous communities and partners to advance Calls to Action 72-76 through 4 distinct funding streams:
      • The Residential Schools Missing Children – Community Support stream
      • Sustainability Funding for the National Centre for Truth and Reconciliation stream
      • Project-based Funding to Develop and Maintain the National Residential School Student Death Register stream
      • Project-based Funding to Develop and Maintain a National Residential School Cemetery Register stream
• Action: Additions to Reserve
  • Outcome
    • Budget 2021: $43M over four years to redesign the Additions to Reserve Policy ($10.8M to CIRNAC for policy redesign and $32.2 million to ISC to accelerate work on existing ATR proposals).
    • Approximately $4M to 58 First Nation in Call for Proposals communities and organizations to conduct First Nation-led engagement on redesign. Reports anticipated in Summer 2024.
    • Bilateral table with the AFN on ATR Policy redesign.
    • Table and working groups set with the LAB on ATR Policy redesign.
    • Consultations ongoing with provinces and Self-Governing Nations on ATR Policy redesign.
    • What We Heard Report published on the departmental website.
    • ATR Redesign website updated with current reports to ensure transparency.
  • Context
    • Statistics on ATRs completed and in process
      • Since 2016-17, 437 ATRs approved for 260,613 acres.
      • 17 ATRs completed for 1,544 acres in 2023-2024.
      • 748 Active ATRs in the inventory for 700,000 acres.
    • Policy Redesign Call for Proposals
      • 42 Single communities for a total of $1,563,026
      • 13 Multi-communities for a total of $2,056,787
      • 1 Regional Indigenous Organizations $155,580
      • 2 National Indigenous Organizations $218,900
    • Extensive literature review of 30 reports, audits, case studies, and action plans on ATR completed.
• Action: First Nation Land Governance Registry
  • Outcome
    • Budget 2023: $35.3 million over 3 years to co-develop a new First Nation Land Governance Registry (FNLGR) with the Lands Advisory Board and First Nations Land Management Resource Center Inc.
    • Initial phased operation targeted for late 2025 with full implementation by 2027-28.
    • Work is on-schedule and progressing well.
    • Registry will be managed and operated by an independent, not-for-profit, First Nation-led organization to support First Nations with a land code in force under the Framework Agreement for First Nation Land Management.
    • The Lands Advisory Board and First Nations Management Resource Centre have partnered with the Land Title and Survey Authority (LTSA) of British Columbia to develop the FNLGR technology.
    • CIRNAC, ISC and NRCan are working closely with the First Nations Land Management Resource Center Inc. and LTSA to ensure project completion.
  • Context
    • The current First Nations Land Registry System (FNLRS) is operated by Indigenous Services Canada (ISC) based on out-of-date technology that does not allow for information to be easily inputted or retrieved creating negative impacts on Land Code First Nations wishing to accelerate economic development opportunities, and advance self-determination utilizing their land.
    • The proposed system would allow work at the speed of business critical for any government to effectively manage development and land use.
    • Funding has been provided to the First Nations Land Management Resource Center Inc. as follows:
      • 2023-24 - $8,765,000
      • 2024-25 - $9,589,000
• Action: The First Nations Fiscal Management Act
  • Outcome
    • 364 First Nations have opted into the First Nations Fiscal Management Act.
    • 281 First Nations passed a Financial Administration Law under the Act.
    • 230 First Nations obtained Financial Performance certification.
    • 126 First Nations currently taxing under the FNFMA, collecting approximately $100 million annually. An additional 34 First Nations passed taxation laws under the FNFMA, but not currently taxing.
    • 24 First Nations collect property taxes under s.83 of the Indian Act, collecting approximately $27M per year.
    • FNTC is working with Finance Canada to develop the Fuel, Alcohol, Cannabis and Tobacco (FACT) tax framework.
    • 87 First Nations are borrowing from the FNFA.
    • Almost $2 billion in loans have been accessed by First Nations for economic development and infrastructure projects.
    • CIRNAC is currently engaging on regulations that would allow self-governing and treaty First Nations, Indigenous aggregates and organizations to access financing through the First Nations Finance Authority.
    • Bill C-45 established a national First Nations Infrastructure Institute under the Act.
  • Context
    • First Nations exercise self-determination under the First Nations Fiscal Management Act
    • First Nations have access to stable revenues in the form of taxation powers under the First Nations Fiscal Management Act
    • The First Nations Fiscal Management Act regime contributes to Economic Reconciliation
    • The First Nations Fiscal Management Act regime contributes towards reducing the access to capital and infrastructure institutional gaps
• Action: Strategic Management of Indigenous Childhood Claims
  • Outcome
    • Resolution of 42 claims outside the courts including 5 national settlements: Newfoundland Residential Schools (Anderson), Sixties Scoop, Indian Day Schools (McLean), Indian Day Scholars (Gottfriedson), and Gottfriedson Band Class. Class actions settlements seek to balance individual compensation with forward looking investments to support healing and commemoration.
  • Context
    • Newfoundland Residential Schools (2016)
      • No. of class members compensated: 800
      • Total compensation paid: $33.5M
    • Sixties Scoop (2018)
      • Claims received: 34,816
      • Claims paid: 21,208
      • Total compensation paid: $530M
    • Federal Indian Day Schools (2019)
      • Claims received: 186,912
      • Claims paid: 152,295
      • Total compensation paid: $5.98B
    • Indian Day Scholars (2021)
      • Claims received: 26,249
      • Claims paid: 9,292
      • Total compensation paid: $92.92M
    • Gottfriedson Band Class (2023)
      • Total compensation paid: $2.8B

Modern Treaties, Consultation and Intergovernmental Relations Sector

Policy and Strategic Direction

Northern Affairs Organization

Key Messages

• The violent deaths of Morgan Harris and Marcedes Myran are a tragic reminder of the alarming number of incidences of violence, discrimination and abuse in our country against Indigenous women, girls and 2SLGBTQI+ people that cannot be ignored.
• In April 2024, the Government of Canada announced $20 million in funding to match investments made by the Government of Manitoba to conduct a search of the Prairie Green Landfill for the remains of Morgan Harris and Marcedes Myran.
• The Government of Manitoba is leading the search, and we are hopeful for closure for the families.

Background

• In December 2022, the Winnipeg Police Service informed the families of Morgan Harris and Marcedes Myran, both from Long Plain First Nation, that: the women were the victims of homicide; their remains may have been deposited in the Prairie Green Landfill; and the Winnipeg Police Service did not plan to search the landfill as part of the homicide investigation.
• Jeremy Skibicki was charged with first degree murder in the deaths of four First Nation women: Morgan Harris, Marcedes Myran, Rebecca Contois, whose partial remains were found in the Brady Road Landfill, and an unidentified woman the community has named Mashkode Bizhiki'ikwe (Buffalo Woman). In July 2024, he was found guilty of four counts of first-degree murder and was sentenced to four concurrent life sentences with no chance of parole for 25 years.

Current Status

• In April 2024, the Federal Budget identified $20 million to support a search by the Government of Manitoba of the Prairie Green Landfill for the remains of two murdered First Nations women. The search is now underway.

Program-Level Data

Key Messages

• On June 3rd 2019, The National Inquiry into Missing and Murdered Indigenous Women and Girls released its final report "Reclaiming Power and Place" that documents the systemic and interconnected causes of the violence that Indigenous women, girls, and 2SLGBTQI+ people experience. Alongside its report, the National Inquiry outlined the path forward to redress this violence through 231 Calls for Justice.
• The National Inquiry's Calls for Justice are aimed at both government and non-government actors and are wide-ranging, including calls for both long-term systemic changes and short-term immediate actions. Of the 231 Calls for Justice: 29 call upon the federal government exclusively; 186 call upon the federal, provincial, and territorial governments collectively; 6 call upon provincial and territorial governments exclusively; and 10 call upon non-government actors. Across the federal government, work is being done that advances progress on approximately 150 Calls for Justice. Crown-Indigenous Relations and Northern Affairs Canada is leading or involved in work that addresses 21 Calls for Justice.
• Addressing the disproportionate violence against Indigenous women, girls and 2SLGBTQI+ people continues to be a key priority for the Government of Canada. The government is taking action to address the national crisis of Missing and Murdered Indigenous Women, Girls and 2SLGBTQI+ people (MMIWG2S+). The Government of Canada publishes an Annual Progress Report on progress towards addressing the Calls for Justice on June 3rd each year. The Annual Progress Report details actions that respond to the Calls for Justice as well as actions that are preventative.

Background

• Indigenous women, girls, and 2SLGBTQI+ people continue to go missing and are murdered at alarming rates. Based on annual data from Statistics Canada, despite only making up 4 per cent of the Canadian population, Indigenous women and girls represent 28 per cent of homicides perpetrated against women in 2019 and are 12 times more likely to be murdered or missing than non-Indigenous women in Canada.
• Data from Statistics Canada's Homicide Survey show that the rate of homicide among Indigenous women in 2019 was more than 7 times higher than among non-Indigenous women, at 4.01 per 100,000 compared with 0.55 per 100,000. This number is even higher for Inuit women and Indigenous women in the North.
• To address this national crisis, a holistic approach of action and collaboration across all levels of government, with Indigenous partners, grassroots organizations, and many other partners is being taken. This collective approach is essential to addressing the persistent and deliberate human and Indigenous rights violations and abuses that are the root cause behind Canada's staggering rates of violence against Indigenous women, girls and 2SLGBTQIA+ people.
• Below is a selection of examples of responsive and preventative federal measures reported through the Annual Progress Report and are advancing the National Inquiry's Calls for Justice:
  • A $12.5M ($2.5M ongoing) Crown-Indigenous Relations and Northern Affairs Canada investment has supported 34 Indigenous-led projects aimed at assisting healing journeys of Indigenous families and survivors of missing and murdered Indigenous women, girls, and 2SLGBTQI+ people (advancing Calls for Justice 3.7, 5.24, 5.6);
  • A $55M Women and Gender Equality Canada investment provided support to over 100 First Nations, Métis, and Inuit organizations to bolster the capacity of Indigenous women's and 2SLGBTQI+ organizations to provide gender-based violence prevention programming aimed at addressing the root causes of violence against Indigenous women, girls, and 2SLGBTQI+ people (advancing Calls for Justice 1.3, 1.5 and 1.6);
  • A $1.5M Library and Archives Canada investment supported 25 First Nations, Inuit, and Métis Nation documentary heritage projects to digitize and preserve documentary heritage related to Indigenous languages and cultures (advancing Call for Justice 15.2);
  • A $7.1M Crown-Indigenous Relations and Northern Affairs Canada investment supported 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 (advancing Calls for Justice 16.44, 17.2, 18.4); and
  • Canada Mortgage and Housing Corporation and Indigenous Services Canada investments have supported 35 new shelters and 35 new transitional housing projects as well as the operation of the new shelters and transition homes and to support violence prevention activities (advancing Call For Justice 4.7).
• Many broader actions are also addressing the socio-economic root causes of violence against Indigenous women, girls and 2SLGBTQI+ people, such as improving access to education, health and wellbeing services for Indigenous people; supporting the improvement of infrastructure; and supporting Indigenous entrepreneurs and economies. Implementation of these actions continues to be monitored and reported on against the Calls for Justice to track our progress.
• New Budget 2024 measures that will contribute to advancing the Calls for Justice include a proposed investment of $1.3M over three years, starting in 2024-25, to co-develop with Indigenous partners, on a priority first phase, a regional Red Dress Alert system. On May 3, 2024, the Government of Canada and the Government of Manitoba announced their partnership to develop, alongside Indigenous partners, a Red Dress Alert pilot.

Current Status

• The Government of Canada's progress on the advancement of the Calls for Justice continues to be reported on in the Annual Progress Report on the Federal Pathway. The third Annual Progress Report was released on June 3, 2024.

Key Messages

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

Background

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

Current Status

• Bill C-53 was introduced to the House of Commons on June 21, 2023. In February 2024, it was adopted with amendments by the Standing Committee on Indigenous and Northern Affairs.
• On March 28, 2024 the Federal Court granted applications filed by the Métis Settlements General Council and Fort McKay Métis Nation challenging the government's decision to enter into the 2023 agreement with the Métis Nation of Alberta on the basis that Canada had not fulfilled its duty to consult them.
• The Court quashed the definition of "Métis Nation within Alberta" (the collectivity represented by MNA) and the recognition chapter of that agreement.
• The Court also directed that Canada may renegotiate these provisions with the MNA, in consultation with the applicants.
• Absent renegotiation of the quashed provisions, the recognition section (s.8) of C-53 will not have the same legal effect for MNA. The bill implicitly relies on the definition of "Métis Nation within Alberta" included in that agreement. Because this definition was quashed by the Federal Court, it would not be clear who is being recognized as represented by MNA.
• On April 17, 2024, the Métis Nation – Saskatchewan publicly withdrew their support for Bill C-53; deciding instead to pursue self-government on their own, as well as their own implementing statute.
• In response, the Métis Nation of Alberta and Métis Nation of Ontario have indicated that they believe Bill C-53 should be advanced without Métis Nation – Saskatchewan.
• In light of these events, it is clear that the way forward for Bill C-53 needs to be reassessed. However, our next steps cannot be determined unilaterally.
• Canada is working in collaboration with our Métis partners to co-develop a path forward that is respectful of their visions for self-determination, and which ensures that recent challenges do not overshadow the extensive work that has been done to date in advancing the recognition and self-government of Métis peoples.

Key Messages

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

Background

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

Current Status

• Third reading of Bill S-16 in the Senate was completed on May 22, 2024. Second reading in the House of Commons was completed on June 19, 2024, with the Bill referred to the Standing Committee on Indigenous and Northern Affairs.
• If passed in the House of Commons, the Bill would then receive Royal Assent and become federal law that is binding on governments and other parties.
• In the meantime, work is continuing at the reconciliation table on the next set of negotiation priorities, focused on the terrestrial area of Haida Gwaii.

Key Messages

• Addressing the ongoing legacy of residential schools is an urgent priority for the Government of Canada.
• The Residential Schools Missing Children Community Support Fund allows Indigenous communities and families to undertake community-led and Survivor-centric initiatives to research, locate, and document burial sites associated with former residential schools.
• Communities are in varying stages of readiness to address this work. Many communities have already completed, or are in the process of undertaking, steps to locate missing children through archival research, knowledge gathering, and various geophysical and survey methods, and in some cases, findings have been publicly announced.
• [Responsive only] Adjustments to the Community Support Fund were initially introduced last summer to support as many initiatives as possible, by lowering the amount available per initiative; however, given the response from the communities, we have reestablished the original funding levels accessible per initiative ($3 million).
• I respect and understand that Indigenous leaders and communities know best what they need. The Department has addressed the concerns raised by retaining the program framework that was previously applied.

Background

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

Current Status

• The Government of Canada has invested $323.1 million to date to support the implementation of Calls to Action 74 to 76 including:
  • Budget 2019 investment of $27.1 million over 3 years beginning in 2021-22;
  • August 2021 off-cycle investment of $83 million over 3 years beginning in 2021-22;
  • Budget 2022 investment of $122 million over 3 years beginning in 2022-23; and
  • Budget 2024 investment of $91 million over 2 years, starting in 2024-25.
• Over the years, and as of November 4, 2024, CIRNAC has received 183 funding requests under the Residential Schools Missing Children - Community Support Fund totaling $632.9 million. 152 funding agreements totaling $226.9 million (2021-22 to 2024-25) have been put in place. Budget 2024 ensures continued progress on community-led initiatives until March 2026.
• The program is currently accepting applications for the 2024-2025 fiscal year.

Program-Level Data

Key Messages

• A whole of government process is underway to identify potentially relevant documents and develop options for a federal approach to support the sharing of additional Indian Residential Schools-related documents with the National Centre for Truth and Reconciliation.
• The Government of Canada is committed to taking the steps necessary to share additional Indian Residential Schools-related documents, while respecting Survivors' wishes, legislation, court orders, settlement agreements and ongoing litigation processes.

Background

• Reconciliation requires that the Government of Canada take responsibility for the role it played in the creation and administration of the Indian Residential School system. Central to this acceptance of responsibility is ensuring that survivors, Indigenous communities and the Canadian public have access to the full history and truth around the Indian Residential Schools and the Government of Canada's response to the harms they caused.
• An important first step in this process was the provision of over 4 million documents to the Truth and Reconciliation Commission between 2013 and 2015. This exercise focused on the identification and sharing of documents directly related to the history and administration of Indian Residential Schools recognized under the Indian Residential Schools Settlement Agreement.
• In 2021, the former Minister of Crown-Indigenous Relations directed CIRNAC to conduct a broader internal review of existing documents to ensure transparency and sharing of all relevant documents, where possible, and to establish a committee that would develop recommendations on the identification and sharing of documents with the National Centre for Truth and Reconciliation. The Indian Residential Schools Documents Advisory Committee is the result of this direction.

Current Status

• A preliminary identification exercise has been undertaken by CIRNAC in conjunction with other federal departments holding information of historical interest related to Indian Residential Schools and the Indian Residential Schools Settlement Agreement.
• To date, through this scoping exercise, federal departments have identified as many as 23 million additional documents related to Residential Schools and the implementation of the Indian Residential Schools Settlement Agreement. These documents will include duplicate material, material covered by various restrictions to sharing documents that have been previously disclosed.
• The Minister of Crown-Indigenous Relations received notice from the Chairperson of the Indian Residential School Documents Advisory Committee that non-government members of the Committee are suspending their role due to lack of funding support.
• Canada will continue to identify Indian Residential School-related documents, using the definition of an Indian Residential School document approved by the Indian Residential School Documents Advisory Committee, with the aim of ultimately sharing relevant documents with the National Centre for Truth and Reconciliation. This is a step toward accountability and a stronger understanding of the legacy of Residential Schools.

Key Messages

• Canada deeply regrets past actions and policies that harmed Indigenous children, their families, and communities, and is committed to reconciliation and laying the foundation for intergenerational healing.
• As of September 2024, Indigenous Childhood Claims Litigation class actions have provided compensation to over 189,000 people, for a total of over $9.83 billion.

Background

• Indigenous Childhood Claims stem from litigation related to historic policies and programs related to educational and care settings.
• This includes class actions, individual and multi-plaintiff litigation related to Sixties Scoop, Indian Residential Schools Day Scholars, Federal Day Schools, Federal Indian Hospitals, Federal Boarding Homes, Non-Federal Residential Schools and Hostels, Provincial, Territorial and Mission Day Schools, Continuing Indian Residential Schools Claims and Off-reserve Indigenous Child Welfare.
• Since 2016, the settlements achieved to date include:
  • Newfoundland and Labrador Residential Schools (Anderson) settlement (2016);
  • Sixties Scoop (Status Indian and Inuit) settlement (2018);
  • Federal Indian Day Schools (McLean) settlement (2019);
  • Indian Residential Schools Day Scholars (Gottfriedson) Survivor and Descendant classes settlement (2021);
  • Indian Residential Schools Day Scholars (Gottfriedson) Band class settlement (2023)
  • Federal Boarding Homes (Percival) settlement (2023); and,
  • the settlement of 43 individual and multi-plaintiff actions (144 individual plaintiffs).
• These settlements focus on balancing individual compensation for past wrongs with forward-looking initiatives to support healing, wellness, education, language, culture and commemoration. In support, Canada has provided funding to support the creation of the Sixties Scoop Healing Foundation, McLean Day Schools Corporation, Day Scholars Revitalization Society and the Boarding Homes Program Foundation aimed at promoting healing for survivors and their families.

Current Status

• Implementation of the Federal Indian Day Schools (McLean), Sixties Scoop, Indian Residential Schools Day Scholars (Gottfriedson) and Federal Boarding Homes (Percival) settlement agreements is ongoing.

Key Messages

• All aspects of an out-of-court settlement agreement, including the compensation amounts, claims process and timelines, are approved by the overseeing court to ensure they are fair, just and in the best interest of class members.
• Class members that are not satisfied with the terms of any settlement agreement have the opportunity to opt-out of participating.
• Canada will continue to work collaboratively with the parties across all settlements to ensure all processes move forward in an efficient and timely manner.

Background

• On April 10, 2024, Lori Idlout, MP for Nunavut and Jonathan Pedneault, Deputy Leader for the Green Party of Canada, wrote a letter to the Minister of Justice and Attorney General, Minister of Crown-Indigenous Relations and Deputy Prime Minister and Finance Minister calling for the Government of Canada to pass an Indigenous Survivors Act that would pay compensation money to whoever deserves it whether or not their legal claims have been technically extinguished in an out-of-court court settlement.

Current Status

• In the context of Indigenous Childhood Claims Litigation, the parties continue to work collaboratively to implement the various settlements and build on lessons learned to minimize the burden on and avoid the re-traumatization of survivors as a result of the claims process.

Key Messages

• In the last eight years, 310 specific claims have been resolved, for $12 billion in compensation going to First Nations. Last fiscal year, 42 claims were settled for $2.5 billion in compensation.
• Specific claims result from Canada's historical behaviour towards First Nations. Negotiated settlements honour treaty and other legal obligations and resolve longstanding disputes in a way that respects the rights of all Canadians.
• Settlements provide First Nations with capital that can be invested in new opportunities for community and economic development, leading to job creation and increase in wellbeing.
• A grant program is in place to pay out settlements to First Nations. This provides the flexibility required to resolve specific claims nimbly, and make payments to First Nations in accordance with the actual timing of settlements and other obligations.

Background

• The Specific Claims Settlement Fund is the source of funds for compensation pursuant to both negotiated settlement agreements and financial awards made by the Specific Claims Tribunal up to $150 million in value. Agricultural benefits claims for Treaties 4, 5, 6 and 10 are sourced from the Agricultural Benefit Fund established in 2023 as part of the expedited strategy for settling agricultural benefit claims. Settlements over $150 million in value, other than agricultural benefits settlements, require a separate source of funds. The program: "Grants to First Nations to settle specific claims negotiated by Canada and/or awarded by the Specific Claims Tribunal, and to Indigenous groups to settle special claims" is the authority used to make settlement payments.
• Main estimates for 2024-25 include close to $6 billion in grants to settle specific claims under the program 'Grants to First Nations to settle specific claims negotiated by Canada and/or awarded by the Specific Claims Tribunal, and to Indigenous groups to settle special claims'.
• The Department expects to settle many agricultural benefits claims in 2024-25. This is why the main estimates include a higher than usual amount for specific claims.
• A study commissioned by the department reveals the potential for these settlements to drive economic growth within and around First Nation communities. It is estimated that for every $1.7 billion in settlements, 6,924 jobs are created, and $718 million in GDP growth is generated.. First Nations have used settlement monies to support housing or post-secondary education, provide living supports for elders, and invest in clean energy generation projects.

Program-Level Data

• Program/Investment: Specific Claims
  • Funding / Performance Indicator Data: 42 specific claims settled, in total compensation value of $2.5 billion, that has been paid out through this grant program in 2023-24.

Key Messages

• Consistent with UNDA Action Plan Measure #5, CIRNAC is committed to delivering a comprehensive redesign of the Additions to Reserve (ATR) Policy, co-developed with First Nation partners, which prioritizes First Nation interests when adding lands to their reserve land base.
• A risk-based approach to the redesigned ATR Policy will allow land to be set aside as reserves more efficiently while minimizing risk to First Nations, the Government of Canada and other stakeholders.
• CIRNAC is working in partnership with ISC and First Nation organizations to implement interim changes to the 2016 ATR Policy for consistency with contemporary legislation until the co-developed policy is finalized.

Background

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

Current Status

• CIRNAC has provided approximately $4M in funding 58 First Nation communities and organizations to conduct First Nation-led engagement on ATR Policy redesign. Reports from these partners are being received and studied to identify issues and recommendations from rights holders.
• In June 2024, a Technical Advisory Committee was established to bring together experts with experience in different land management regimes to provide advice on the co-development of policy options. The committee includes representatives from various First Nations organizations, including the Assembly of First Nations, the National Aboriginal Land Managers Association, the Lands Advisory Board Resource Centre, self-governing First Nations, ISC and CIRNAC.
• The Assembly of First Nations has received $252K to support ongoing work on ATR policy redesign.
• CIRNAC is also engaging directly with provincial and territorial governments along with First Nations and other key partners such as the Lands Advisory Board and the National Aboriginal Lands Managers Association.
• To facilitate ongoing engagement and co-development CIRNAC has developed, and shared, a series of principles to guide the policy redesign process with the aim of prioritizing First Nation interests.

Program-Level Data

Additions to Reserves Policy Redesign: Budget 2021 - $10.8 million (2021-2025) (CIRNAC Funds only)

Key Messages

• Recognition and implementation of Indigenous rights, particularly the right to self-determination and self-government, is critical to advancing reconciliation and closing the socio-economic gaps that persist in many Indigenous communities.
• Control and management of land is central to First Nations identity and economic resilience. Returning lands to First Nations advances reconciliation and self-determination by addressing past wrongs and supporting community growth and development.
• Returning lands to Indigenous communities aligns with Canada's ongoing work to implement the United Nations Declaration on the Rights of Indigenous Peoples, including by advancing the UN Declaration's articles that emphasize the importance of Indigenous Peoples having full enjoyment of their inherent rights and jurisdiction over their lands, territories, and resources.

Background

• On May 8, 2024, the House of Commons Standing Committee on Indigenous and Northern Affairs submitted its report, entitled "We Belong to the Land": The Restitution of Land to Indigenous Nations. The report presents 22 recommendations supporting the restitution of land to Indigenous Nations.
• The Government Response provides a comprehensive response to all 22 recommendations and outlines current federal initiatives that enable, support, and/or refine the legislation, policies, and programs related to land restitution.
• The Government Response contains neither financial, asset, nor human resources implications for federal departments or agencies, nor does it contain new initiatives outside of existing authorities.

Current Status

• The Government Response was tabled in Parliament on September 16, 2024.

Key Messages

• The Government of Canada recognizes the importance of addressing housing and infrastructure needs in Inuit Nunangat, and in Métis, Modern Treaty and Self-Governing First Nations, and northern communities. Since 2016 Crown-Indigenous Relations and Northern Affairs Canada has invested:
  • $2.5 billion to help address critical housing; and,
  • $1.3 billion to address community infrastructure.
• The investments in housing and infrastructure are helping Indigenous and Northern partners to construct, purchase, and renovate homes, including improving energy efficiency; enhancing housing programs and supporting rental assistance; constructing community and cultural facilities; acquiring and developing land for future infrastructure projects; and, investing in training and apprenticeship programs.
• To complement the distinctions-based investments, Crown Indigenous Relations and Northern Affairs Canada is also working with federal, territorial, and provincial partners to support Indigenous and Northern partners in accessing sustainable and safe housing.

Background

• Work continues with partners through the implementation of co-developed housing strategies and the delivery of current investments. Higher costs and other challenges are having a compounding impact on housing delivery in Indigenous and northern communities. For example, the cost of constructing a basic residential home in Inuit Nunangat has increased dramatically and estimates are now in the range of $700,000 to $1 million per unit. This varies for multi-unit buildings, but costs have increased and remain extremely high which has an impact on overall effectiveness of current investments.
• Most recent federal investments supporting infrastructure and housing include:
  • Budget 2021 announced historic investments for Indigenous communities to support critical infrastructure through the Indigenous Community Infrastructure Fund, totalling $4.3 billion over four years. Investments are helping to address immediate infrastructure needs, including multi-purpose community buildings, improved transportation infrastructure, day care facilities, and social housing. This funding sunsets in fiscal year 2024-25.
  • Budget 2022 included $1.6 billion over seven years for dedicated housing investments. This funding will help further address the critical housing needs of Indigenous communities to ensure adequate and affordable housing to achieve better health and socio-economic outcomes.
  • Budget 2024 announced $918 million for Indigenous Housing and Community Infrastructure investments to accelerate work to narrow housing and infrastructure gaps in First Nations, Inuit and Métis communities as follows:
    • $426 million for First Nations on reserve;
    • $62 million for Modern Treaty and Self-Governing First Nations;
    • $370 million for Inuit communities; and,
    • $60 million for Métis communities.
• Through dedicated investments made through Budget 2021 and Budget 2022 and ongoing partnerships with the territorial governments, Canada is also empowering territorial partners to support Northerners in accessing sustainable and safe housing. Specifically, these investments are going directly to territorial governments to respond to their call for greater support to address the northern housing crisis that is driven by geographic challenges, unique building conditions, climate change, and often challenging economic conditions.

Current Status

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

Key Messages

• In 2016, the Government of Canada committed to direct relationships with the three National Indigenous Organizations through Permanent Bilateral Mechanisms.
• Crown-Indigenous Relations and Northern Affairs Canada collaborates with representatives of the Assembly of First Nations, Inuit Tapiriit Kanatami and the four Inuit Treaty Organizations, and the Métis National Council and its Governing Members through the Permanent Bilateral Mechanisms.
• The Permanent Bilateral Mechanisms focus on, among other things, identifying joint priorities, co-developing policies, and monitoring progress.
• Across all three Permanent Bilateral Mechanisms, Crown-Indigenous Relations and Northern Affairs Canada is working with partners to advance distinctions-based Co-Development Principles. The Inuit-Crown Co-Development Principles were the first to be endorsed by leadership at the Inuit-Crown Partnership Committee in December 2022.

Background

• The Assembly of First Nations Permanent Bilateral Mechanism advanced through senior officials meetings in June 2023, December 2023 and April 2024, paving the way for a return to meetings between Ministers and First Nations leadership in June 2024 after a five-year hiatus. It is expected that regular ongoing meetings should follow, pursuant to the joint Memorandum of Understanding.
• The Inuit-Crown Partnership Committee will continue to meet three times a year to make progress on 14 joint priorities and their associated work plans. In 2024-25, specific focus will be on: implementing the recommendations contained in the Inuit-Crown Partnership Committee evaluation report, endorsed by the Prime Minister, Ministers, and Inuit Leaders in May 2023; continued implementation of the Inuit Nunangat Policy across federal organizations; and, advancing work to support progress on all the joint priority areas.
• In 2023-24, the Métis-Crown Permanent Bilateral Mechanism process saw progress in moving towards regular meeting cycles, with a Summit with the Prime Minister in June 2023, and a meeting between Ministers and Métis leaders in January 2024. For 2024-25, Crown-Indigenous Relations and Northern Affairs Canada will continue to advance work with the Métis National Council and its Governing Members on the endorsement and implementation of co-development principles. Additional priorities areas under the Permanent Bilateral Mechanism include health, economic development, emergency management, and primary and secondary education.

Current Status

• While the updated list of Assembly of First Nations-Canada Joint Priorities is not expected to be formally endorsed until early 2025, collaborative work with the Assembly of First Nations will continue in the interim to advance work on the joint priorities themselves.
• The next Inuit-Crown Partnership Committee Leaders meeting has been scheduled November 8, 2024, in Kuujjuaq, Nunavik, to continue discussions and provide updates on progress to date on a number of priorities, including: Inuit Nunangat Policy implementation; Economic Development and Procurement; Education, Early Learning and Skills Development (with a focus on a draft Inuit K-12 Education Policy); Health and Wellness (including Food Security); and, the Arctic Foreign Policy.
• The path forward for the Métis-Crown Permanent Bilateral Mechanism may evolve in light of: the Métis National Council is scheduled to hold an election for a new President between late October and mid-November 2024; and the Métis Nation-Saskatchewan has recently announced its withdrawal from the Métis National Council.

Program-Level Data

Key Messages

• Call to Action 53 calls for legislation to provide for the establishment of a National Council for Reconciliation. On April 30, 2024, the National Council for Reconciliation Act received Royal Assent, and on July 2, 2024, it came into effect. This completes call to Action 53 and positions the Government to address Calls to Action 54-56.
• Once established, the National Council for Reconciliation will advance reconciliation between Indigenous and non-Indigenous people in Canada. This will include monitoring, evaluating and reporting on the progress being made towards reconciliation, including progress on the implementation of the Truth and Reconciliation Commission's Calls to Action.
  • Over 85% of the Truth and Reconciliation Commission's Calls to Action that are shared or are of sole responsibility of the federal government are complete or well underway.

Background

• In December 2017, the Prime Minister announced the creation of an independent, Indigenous-led Interim Board of Directors to provide advice on the creation of the National Council for Reconciliation.
• Following research and engagement, the Interim Board provided recommendations in June 2018, which informed the development of a draft legislative framework for the National Council for Reconciliation.
• The Minister of Crown-Indigenous Relations appointed members to a Transitional Committee in December 2021 to continue the Interim Board's work. The Transitional Committee reviewed the draft legislative framework, conducted targeted engagement with technical experts and, in March 2022, made recommendations on the core elements of legislation to establish the National Council for Reconciliation.
• Both the Interim Board and the Transitional Committee built on and respected the work conducted by the Truth and Reconciliation Commission, including its extensive engagement activities.
• Bill C-29, An Act to provide for the establishment of a national council for reconciliation, was developed based on the recommendations of the Interim Board and the Transitional Committee. It was tabled in Parliament in June 2022. The House and Senate heard from witnesses, including National Indigenous Organizations, other Indigenous organizations and experts, whose testimony strengthened the bill.

Current Status

• The legislation ensures that the National Council for Reconciliation will be an independent, non-political, Indigenous-led organization mandated to advance reconciliation in Canada.
• Budget 2019 announced a total of $126.5 million to support the establishment of the National Council for Reconciliation, which includes a $125 million endowment and $1.5 million to support the first year of operations.
• The Minister of Crown-Indigenous Relations and the Transitional Committee for the National Council for Reconciliation will, in accordance with the legislation, select the first board of directors for the Council. An open application process for the Board of Directors was launched on September 20, 2024, and will close on October 20, 2024.
• Once the first board of directors is selected, a member of the Transitional Committee will incorporate the Council under the Canada Not-for-profit Corporations Act.

Key Messages

• CIRNAC continues to renew the relationships with First Nations, Inuit and Métis and to make meaningful progress toward reconciliation and self-determination.
• Our Government is honouring its lawful obligations and advancing reconciliation by working to resolve claims through negotiations, which remains a more fiscally viable alternative than protracted litigation.
• The increase in contingent liabilities represents our unwavering commitment as part of the reconciliation process to resolve past harms and to pave the way for a more respectful and constructive relationship with Indigenous Peoples.
• CIRNAC remains committed to resolving Indigenous claims in a manner that is beneficial to the overall well-being of Indigenous people. As claims advance, we are equally focused on balancing compensation with investments in healing, wellness, education, language, culture and commemoration.
• We are committed to resolving Indigenous claims through negotiation where possible, and due to the sensitive nature of ongoing negotiations of claims it would not be appropriate to provide details on particular claims.
• Contingent liabilities are recorded in the Public Accounts in accordance with Public Sector Accounting Standards, and are audited by the Auditor General of Canada providing credibility to the Government's financial reporting.

Background

• On October 24, 2023, the Public Accounts of Canada for the year ended March 31, 2023 were tabled in the House of Commons. Section 1 of Volume I includes the 2023 Financial Highlights, which noted that the government recorded expenses totaling approximately $26 billion related to Indigenous claims; of which, a significant portion relates to CIRNAC's contingent liabilities.
• On July 25, 2024, in response to several Parliamentary questions, the Parliamentary Budget Officer (PBO) released a report detailing how contingent liabilities are recorded and their fiscal impact on the Government's deficit and debt.
• The report further suggested that Parliamentarians may wish to request from the Government additional information to support their studies, including on how contingent liability estimates are formed and the potential risks and uncertainties related to the estimation process as well as further details on contingent liabilities across various financial documents.

Current Status

• The latest publicly available information on the Government's and CIRNAC's contingent liabilities remains the 2022-23 Public Accounts of Canada and CIRNAC's 2022-23 Departmental Financial Statements. The tabling date of the 2024 Public Accounts of Canada and the release of the 2023-2024 Departmental Financial Statements have yet to be confirmed. Any questions on the matter should be re-directed to the Treasury Board.
• CIRNAC's contingent liability balance increased by $17.9 billion from $30.6 billion in 2021-22 to $48.5 billion in 2022-23 (Source: CIRNAC Financial Statements for the year ended March 31, 2023).
• CIRNAC represents 64% of the Government of Canada's $76 billion in contingent liabilities reported in the 2023 Public Accounts of Canada. Due to the sensitive nature of the ongoing negotiations and litigation of claims, information is aggregated in the Public Accounts and Departmental financial statements to maintain the confidentiality of the negotiation process.

Additional information on CIRNAC's 2022-2023 Contingent liability balances:

• There are currently 76 (76 in 2022) comprehensive land claims under negotiation, accepted for negotiation or under review.
• There are currently 698 (677 in 2022) specific claims under negotiation, accepted for negotiation or under review.
• There are legal proceedings for 377 (373 in 2022) general litigation claims being pursued through the courts as at March 31, 2023.
• There are currently 27 (8 in 2022) special claims under negotiation, accepted for negotiation or under review.

High-value Settlements:

• During the 2023-2024 fiscal year, two large settlements were paid, including a $5B payment related to the settlement of the Restoule past treaty annuities litigation claim and a $2.8B payment related to the Gottfriedson Band class action litigation claim.
• These settlements and payments have received media attention and will appear in the 2023-24 Public Accounts of Canada as a Payment of claims against the Crown. The payments will reduce the Government's outstanding contingent liabilities and the Federal debt in 2023-2024.

Key Messages

• Every year CIRNAC delivers important funding to support core operations and projects of Indigenous partners through a variety of mechanisms.
• A significant portion of this funding is delivered annually to 51 Indigenous Representative Organizations (IROs), national, provincial, territorial and/or regional representative Indigenous organizations and national women's organizations representing the interests, issues and concerns of their members.
• This funding supports Indigenous partners' meaningful participation in collaborative work with federal, provincial and territorial governments, including through co-development processes. By doing so, the funding helps to ensure Indigenous perspectives are reflected in developing policies and programs, and to advance Indigenous self-determination.

Background

• There are several funding authorities across the department that support IROs and other Indigenous organizations for core operations and projects.
• Basic Organizational Capacity (BOC) funding supports co-operative relationships with Indigenous peoples by providing basic organizational capacity ("core" funding) to organizations mandated by Indigenous peoples to represent them. BOC funding enables these organizations to be effective voices for their members, and to represent the interests of their respective communities to support their participation in policy and program development alongside the Government of Canada. Approximately $32 million in Basic Organizational Capacity funding is delivered to IROs annually.
• Consultation and Policy Development (C&PD) funding provides project-based support to First Nations and Inuit to consult their communities and be in a position to provide input to Crown-Indigenous Relations and Northern Affairs on policy and program developments. Approximately $10 million in C&PD funding is earmarked for delivery to IROs annually. Additional funds vary year-over-year, as other programs and departments flow funding through these authorities.
• Federal Interlocutor's Contribution Program (FICP) Aims to enhance the capacity, stability, and accountability of both Métis and Non Status and other off-reserve representative organizations to represent their members, and to build partnerships with federal and provincial governments and the private sector. Approximately $3.7 million in FICP funding is earmarked for delivery to recipients annually. Additional funds vary year-over-year, as other programs and departments flow funding through these authorities.
• Permanent Bilateral Mechanism (PBM) funding provides support to National Indigenous Organizations for their participation in an annual series of Leaders meetings, Senior Officials Meetings and a PM Summit with National Indigenous leadership. PBM meetings and activities such as the Inuit Crown Partnership Committee, Métis-Crown, and First Nations-Crown support critical joint work. Since their creation, PBMs have become the key fora for effective work and decision making with partners to support the advancement of shared priorities.

Current Status

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

Key Messages

• Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) and the Algonquin Anishinabeg Nation Tribal Council have negotiated a Planning and Design Agreement (the Agreement). The Agreement formalizes Canada's commitment to the Algonquin to construct a Dedicated Algonquin Space in the infill between 100 Wellington and 119 Sparks Street, as part of broader efforts to create a national space for Indigenous Peoples within the Parliamentary Precinct.
• On June 5, 2024, the Agreement was signed by the Minister of Crown-Indigenous Relations and Anishinaabe Algonquin Chiefs during a ceremony in Ottawa. Distinguished guests including former Algonquin Anishinabeg Nation Tribal Council Grand Chief Verna Polson and Councilor Frankie Cote, and presidents of Inuit Tapiriit Kanatami and the Métis National Council.
• With the Agreement now in place, the Government will move forward with the long-term development of the Dedicated Algonquin Space, in alignment with broader timelines for the redevelopment of Block 2 of the Parliamentary Precinct.

Background

• On October 4, 2022, the National Indigenous Organizations (i.e., Assembly of First Nations, Métis National Council, Inuit Tapiriit Kanatami) were provided with access to 100 Wellington Street to use as a temporary space. The Algonquin Anishinaabeg Nation Tribal Council were similarly provided with access to 119 Sparks Street.
• CIRNAC and Public Services and Procurement Canada officials have worked collaboratively with the Algonquin Anishinabeg Nation Tribal Council to present options for the site of the Dedicated Algonquin Space and drafted a Planning and Design Agreement. In April 2023, Algonquin Chiefs voted to select the Infill space between 100 Wellington and 119 Sparks as the site for the Dedicated Algonquin Space.
• On July 5, 2023, the Algonquin Anishinabeg Nation Tribal Council provided notice that Algonquin leadership had provisionally approved the Planning and Design Agreement and were prepared to move forward with signing the Agreement.
• New policy authorities and funding were required to enter into an agreement with the Anishinaabe Algonquin Nation. Through Budget 2024, policy authorities were approved to:
  • Enter into an agreement with the Algonquin Nation regarding a dedicated space;
  • Continue working with Indigenous partners on the development of the vision for 100 Wellington and 119 Sparks; and,
  • Permit Indigenous partners to access 100 Wellington Street and 119 Sparks Street in the short-term.
• Budget 2024 also included $4.2 million in funding over two years, starting in 2024-25, to support Indigenous partners in engaging their members and developing the long-term project design, with flexibility to extend funding to support engagement to three years as needed.

Current Status

• Public Services and Procurement Canada has indicated to the National Indigenous Organizations and the Algonquin Anishinabeg Nation Tribal Council that 100 Wellington Street and 119 Sparks Street are available to use until December 2024 after which they will need to be closed to accommodate Block 2 Redevelopment construction.
• The Métis National Council and Inuit Tapiriit Kanatami have been using 100 Wellington intermittently to host events, while the Algonquin Anishinabeg Nation Tribal Council has begun to use 119 Sparks. Public Services and Procurement Canada has completed minor renovations on the building, including the installation of an accessible washroom to support the Algonquin Anishinabeg Nation Tribal Council's use of the space.
• With the agreement now signed, work on the long-term development of 100 Wellington and the Dedicated Algonquin Space can move forward.
• Discussions are underway at the working level to resume the Principals Governance Table with the National Indigenous Organizations. A project management team has also been established for the Dedicated Algonquin Space with members from the Algonquin Anishinabeg Nation Tribal Council, Public Services and Procurement Canada, and CIRNAC. These two groups will form the governance that will lead the visioning and design process for the project.

Key Messages

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

Background

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

Current Status

• On August 24, 2023, Canada initiated section 35 consultation and other engagement activities with potentially impacted Indigenous groups on the draft Treaty.
• Canada has negotiated several changes to the draft Treaty to accommodate the concerns raised by the consultees in correspondence and discussions. Canada considers the consultation process to be closed.
• With consultations now concluded, Canada will now proceed with the next stage of the draft Treaty.

Key Messages

• Canada is working to address the Supreme Court of Canada's decision in Desautel in a way that respects our commitment to reconciliation with Indigenous peoples and the direction the Court provided.
• In 2021, the Court indicated that non-resident Indigenous groups making assertions of Aboriginal rights in Canada may be determined to be "aboriginal peoples of Canada" pursuant to section 35 of the Constitution Act, 1982, by virtue of their prior historical residence within Canada where the evidence supports such a determination.
• The Court further noted that the rights of Indigenous communities outside Canada are not necessarily the same as those of communities within Canada, depending on circumstances. In this context, the nature and scope of asserted rights will be considered on a case-by-case basis, based on the historical evidence and in consideration of federal interests.

Background

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

Current Status

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

Key Messages

• Honouring the treaty relationship and working in partnership with First Nations is key to advancing lasting reconciliation. Negotiated settlements provide fair compensation to First Nations to help address past wrongs and honour treaty obligations.
• Canada welcomes the Supreme Court of Canada's decision in Restoule and Whitesand, which provides clarity on the augmentation promise made in the Robinson Treaties.

Background

Current Status

• On July 26, 2024, the Supreme Court of Canada confirmed the Crown (Canada and Ontario) dishonourably breached the Robinson Superior Treaty of 1850 by failing to increase treaty annuity payments as economic conditions allow. The Court found that compensation must be paid to the 12 Robinson Superior Treaty First Nations.
• The Supreme Court ordered Canada and Ontario to engage meaningfully and honourably with the 12 Robinson Superior First Nations to try to reach a negotiated resolution. If a settlement cannot be negotiated within a six-month period (i.e., on or before January 26, 2025), the Crown must exercise discretion and advise the First Nations how much it is prepared to pay them for past compensation, and proceed with making that payment in a reasonable time.

Key Messages

• In the Fall of 2023, Quebec asked Canada and the Regroupement Petapan to renegotiate elements of the treaty.
• The parties are working collaboratively to find a way forward and achieve a tripartite consensus.
• Our Government is optimistic we can reach an agreement and is committed to working toward the completion of this Modern Treaty.

Background

• The Regroupement Petapan includes three Innu communities in Québec: Mashteuiatsh, Essipit, and Nutashkuan, with a combined population of over 14,000 members. Tripartite negotiations began in 1980 on the Innu's comprehensive land claim.
• On March 31, 2004, Canada, Quebec, and the Mamuitun mak Nutashkuan Tribal Council (now Regroupement Petapan) signed a general agreement in principle. In 2004, four Innu communities signed the agreement, but one of them (Pessamit) has since left the negotiation table.
• Negotiations on a final treaty have since been pursued. In March 2023, Canada and Regroupement Petapan reached a consensus on federal issues of the draft tripartite treaty. However, in the Fall of 2023, Quebec asked to renegotiate fundamental elements of the Treaty. Negotiations are ongoing. A tripartite consensus still needs to be achieved and the parties are working collaboratively to finalize a draft for the purpose of beginning the consultation process with neighboring Indigenous communities.

Current Status

• Negotiations remain confidential to the three parties at this time.
• Once the parties reach a consensus on a draft, they will begin an extensive consultation process with neighboring Indigenous communities before submitting the draft agreement to the members of the three First Nations of the Regroupement Petapan Inc. to ratify the proposed agreement.

Key Messages

• CIRNAC is committed to meeting the statutory obligations from the United Nations Declaration on the Rights of Indigenous Peoples Act (United Nations Declaration Act), but also ensuring the department is equipped to use the United Nations Declaration as an interpretive lens.
• CIRNAC is responsible for nearly one-third of Action Plan Measures in the 2023-2028 United Nations Declaration Act Action Plan, and implementation efforts are underway. The department also plays a supporting role in Action Plan Measures led by other departments. In addition, it provides advice and expertise to other departments, to help foster positive Indigenous-Crown intergovernmental relationships.
• CIRNAC has developed various tools and processes to support its implementation efforts, including guidelines, a United Nations Declaration consistency assessment tool, training and awareness materials, as well as performance and data management tools.

Background

• The United Nations Declaration Act came into force on June 21, 2021, and sets out three key obligations, which are to be carried out in consultation and cooperation with Indigenous Peoples. The Government must:
  • take all measures necessary to ensure the laws of Canada are consistent with the United Nations Declaration (section 5);
  • develop and implement an Action Plan to achieve the objectives of the United Nations Declaration (section 6); and,
  • develop annual reports on progress and submit them to Parliament (section 7).
• Beyond these obligations, the preamble of the United Nations Declaration Act commits Canada to taking effective measures—including legislative, policy and administrative measures—to achieve the objectives of the United Nations Declaration.
• On June 21, 2023, the United Nations Declaration Act Action Plan 2023-28 was publicly released. The Action Plan is a federal road map to support implementation of the United Nations Declaration Act.
• CIRNAC is significantly involved in 55 Action Plan Measures, 44 of which, are lead or co-lead by the department.

Current Status

• In recent months, CIRNAC introduced and integrated a tailored assessment tool into existing processes for submissions to Cabinet committees and for the Budgetary Cycle to support the consistency of all departmental initiatives with the United Nations Declaration.
• The assessment tool supports CIRNAC in ensuring that departmental initiatives are undertaken in consultation and cooperation with Indigenous Peoples, and in tracking implementation of the United Nations Declaration Act.
• CIRNAC also developed and launched a 2-hour training module to increase staff awareness and understanding of the United Nation Declaration. A key expected outcome of this training is to promote the application of a rights-based approach throughout the department's activities.
• CIRNAC adopted a centralized approach to collect data on the status of each Action Plan Measure the department is involved in to support their timely implementation in advancing the rights of Indigenous Peoples, as defined in the United Nations Declaration. The data collected is supporting CIRNAC in tracking progress and identifying various implementation barriers.
• Several Action Plan Measures require discussions with partners to determine how they will be operationalized, and if any existing mechanisms can be leveraged to support consultation and cooperation.
• As required under section 7 of the Act, CIRNAC reported on 44 Action Plan Measures, 5 legislations and 7 regulations advanced in the 2023-24 fiscal year for the 2023-24 Annual Progress report, which was tabled in Parliament in June 2024.
• In addition to the Annual Progress Report, CIRNAC is developing comprehensive status snapshots for the department's Action Plan Measures, to assist the department and partners to monitor and highlight key aspects over time, (re)prioritize measures, and recognize measures that are experiencing challenges and require attention to resolve.

Key Messages

• For more than 20 years, Indigenous Modern Treaty Partners have been calling for an independent oversight and accountability mechanism to address persistent issues in Modern Treaty implementation.
• On May 2, 2024, at the Intergovernmental Leaders Forum, the Prime Minister announced Canada's intention to create the Commissioner for Modern Treaty Implementation as an Agent of Parliament.
• The proposal for the Commissioner was co-developed with Indigenous Modern Treaty Partners to ensure independent, credible, effective, and sustainable oversight of Modern Treaty implementation by holding the federal government accountable to Parliament for Modern Treaty objectives, obligations, and relationships.
• Following the Prime Minister's announcement, CIRNAC held a consultation and engagement period with partners from May 28 to July 19 on a draft legislative proposal to establish the Commissioner. The draft legislative proposal was shared with over 130 partners, and we received a number of insights and proposed changes. Overall, it was positively received. Feedback was incorporated, and on September 19, 2024, an updated draft legislative proposal was shared for information purposes with all Indigenous, provincial, and territorial partners engaged during the consultation period.
• A Ministerial Roundtable was held on September 24, 2024, with Indigenous Modern Treaty Partners to take stock of the updated draft legislative proposal and discuss next steps leading to the intended introduction of the legislation in Parliament in Fall 2024. The draft legislative proposal received support from Roundtable attendees.
• On October 10, 2024, Bill C-77, An Act respecting the Commissioner for Modern Treaty Implementation, was introduced in Parliament by the Minister of Crown-Indigenous Relations and completed first reading.

Background

• In February 2023, and as part of Canada's Collaborative Modern Treaty Implementation Policy, a Cabinet Mandate to co-develop recommendations to put in place an independent oversight mechanism for Modern Treaty implementation by September 2023 was received.
• After six-months of co-development with Indigenous Modern Treaty Partners, federal government departments, and Central Agencies, the Commissioner for Modern Treaty Implementation was proposed for an independent oversight mechanism. This received Ministerial approval on October 3, 2023.
• On May 2, 2024, at the Intergovernmental Leaders Forum, the Prime Minister announced Canada's intention to create the Commissioner for Modern Treaty Implementation.
• The legislative consultation and engagement period was launched shortly after this announcement from May 28 to July 19. During the consultation period, over 130 partners received the draft legislative proposal, 60 partners were engaged directly, and 112 changes to the legislation were proposed. There was broad support for the Commissioner expressed throughout the consultation period.
• CIRNAC officials prepared an updated draft legislative proposal inclusive of proposed changes that aligned with the principles of the initiative and fell within existing policy authorities. The updated draft legislative proposal was distributed in September 2024 to Indigenous Modern Treaty partners and all other groups who were previously engaged and consulted on this proposal.
• On September 24, 2024, the Ministerial Roundtable with Indigenous Modern Treaty leadership was held to take stock of the updated legislative proposal and discuss next steps. Indigenous Modern Treaty Partners expressed strong support for the initiative as a whole, as well as for the Updated Draft Legislative Proposal.
• On October 10, 2024, Bill C-77, An Act respecting the Commissioner for Modern Treaty Implementation, was introduced in Parliament by the Minister of Crown-Indigenous Relations and completed first reading.

Current Status

• Following first reading, the Department is preparing support for second reading and the Committee stage should Parliament vote in favour of the initiative.

Key Messages

• CIRNAC supports other government departments in fulfilling their legal duties to consult. The ongoing need for this work has been reflected in commitments under both Budget 2023 and Budget 2024; Action Plan Measure 68 of the United Nations Declaration Act Action Plan; and recommendations stemming from the Ministerial Working Group on Regulatory Efficiency for Clean Growth Projects and their associated Action Plan.
• These commitments include providing ongoing capacity support for communities to enable their effective participation in federal consultation processes; engaging with Indigenous partners and providing recommendations towards the establishment of a federal Crown Consultation Coordinator function to help with project permitting; updating the Aboriginal and Treaty Rights Information System; and establishing an Indigenous Advisory Committee to ensure that Indigenous knowledge and perspectives are reflected in consultation approaches.
• We are also currently engaging Indigenous communities and organizations towards updating the 2011 guidelines for federal officials to fulfill the Crown's duty to consult Indigenous peoples. Engagement is progressing well, and we are on track to finalize new guidelines in 2026.

Background

• The Federal Initiative on Consultation supports the capacity of Indigenous groups to participate in consultation processes and to meaningfully respond to federal consultation requests through the co-development and implementation of consultation protocols and resource centres.
• Budget 2024 committed CIRNAC to lead the necessary engagement work to inform the function of a Crown Consultation Coordinator to ensure efficient and meaningful Crown consultation with Indigenous groups on the issuance of federal regulatory permits for those projects that do not undergo federal impact assessments.
• CIRNAC is working to facilitate the sharing of Indigenous information such as areas of cultural significance or other areas of interest in support of the whole-of-government approach to consultation through the re-design of the Aboriginal and Treaty Rights Information System platform.
• CIRNAC is also working to establish an Indigenous Advisory Committee to provide Indigenous knowledge and perspectives to better guide and support the whole-of-government approach to consultation and accommodation.
• Budget 2023 provided $11.4 million over 3 years, starting in 2023–2024, for CIRNAC to engage with Indigenous peoples to renew the 2011 Guidelines for Federal Officials to Fulfill the Duty to Consult. Renewing the guidelines is essential to adequately equip federal officials in meaningfully meeting the duty to consult by providing more clarity on how the government will proceed to ensure an effective and efficient whole-of-government approach to consultation and accommodation.
• An Indigenous-Crown Steering Committee is at work to collaborate on the new guidelines content, discuss key questions and considerations, and to support strong Indigenous perspectives in new guidelines.

Current Status

• Currently, the Federal Initiative on Consultation supports the ongoing implementation of
• 12 consultation protocols which represent 46 First Nation and 15 Métis collectives as well as five resource centers servicing 54 First Nation and 26 Métis collectives. There are presently seven consultation protocols that are at different stages of co-development.
• CIRNAC has developed a workplan to ensure Indigenous engagement informs the function of a Crown Consultation Coordinator for federal permits and authorizations. In preparation for these engagement sessions, CIRNAC has begun working with key departments and agencies involved in the regulatory space to better understand the issues and opportunities this work presents. Engagement with Indigenous partners is expected to begin late 2024.
• Co-development and validation of Aboriginal and Treaty Rights Information System profiles is underway with 15 Indigenous groups that have expressed interest. It is anticipated that further engagement with Indigenous groups, the establishment of an advisory board, and the review of information Technology solutions will be undertaken in the coming months.
• Initial work to establish an Indigenous Advisory Committee is already underway and includes finalizing an environmental scan of existing structures within Canada, including analysis of the terms of reference of pre-established advisory bodies as well as best practices and lessons learned.
• The first phase of regional engagement on the renewal of the guidelines began in February 2024 and is wrapping up this fall. A "What We Learned" report will be published before the second phase of regional engagement begins in February 2025, which will explore suggested draft content for new guidelines based on what was learned. Content development for the second phase of regional engagement and new guidelines is planned for this fall, in partnerships with the Indigenous Consultation Steering Committee.

Program-Level Data

• Program/Investment: Federal Initiative on Consultation
  • Funding / Performance Indicator Data: $0.6 million per year (A-base)
• Program/Investment: Engagement to Renew the Guidelines
  • Funding / Performance Indicator Data: $11.4 million over three years (B23, from 2023-24 to 2025-26)

Key Messages

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

Background

• As part of the Refocusing Government Spending Exercise, CIRNAC is planning the following spending reductions:

• Recognizing the critical importance of direct funding transfers provided to Indigenous governments, organizations and partners, 90 % of CIRNAC's funding was exempted by Treasury Board. These include funding for Childhood Claims Settlement, Northern Abandoned Mines Program and the Federal Contaminated Sites Action Plan, Inuit and Métis housing and Grants and Contributions related to claims, settlements, Modern Treaties and Self-Governments, institutions, and transfers to territorial governments.
• CIRNAC has obtained approval from Treasury Board Secretariat to proceed in implementing the following measures starting fiscal year 2024-25:
  • Implementing efficiencies and increasing oversight in internal and external departmental operations;
  • Reducing travel by maximizing the use of communications technologies and focusing on work with partners where there is the greatest potential for resolution and advancement of shared priorities;
  • Prioritizing the use of professional services by focusing on the negotiation and reconciliation agenda; and,
  • Reducing grants and contributions following discussions with partners, by targeting areas that will minimize impacts on communities and/or in areas where the funding has not been fully utilized.

Current Status

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

Key Messages

• The Government of Canada recognizes that Indigenous Peoples' leadership is key to Canada achieving its climate objectives and is committed to working collaboratively with First Nations, Inuit, and Métis partners to advance distinctions-based, self-determined climate action.
• In order to strengthen Canada's partnership with Indigenous Peoples on climate, and in response to longstanding recommendations received from Indigenous partners, Canada committed to advancing an Indigenous Climate Leadership Agenda jointly with First Nations, Inuit and Métis partners in the 2030 Emissions Reduction Plan and Budget 2022.
• The goal of the Indigenous Climate Leadership Agenda is to implement a model of partnership between the federal government and Indigenous Peoples that empowers self-determined climate action, implements the United Nations Declaration on the Rights of Indigenous Peoples Act, and supports the inclusion of Indigenous Knowledge in national climate policy.

Background

• Indigenous Peoples are leaders and key drivers of climate action, at local, regional, national, and international levels. Indigenous Peoples in Canada are advancing responses to climate change in ways that reflect their Knowledge systems, legal systems, governance, values, worldviews, and nationhoods. Many Indigenous organizations, regions, and communities have developed climate change strategies and action plans to articulate their self-determined priorities.
• Indigenous Peoples have also called for Canada to respond meaningfully to their priorities in the climate space and to address challenges in current federal climate programming in order to make funding more accessible and equitable for First Nations, Inuit and Métis.
• To support Indigenous Peoples' actions in response to their climate priorities and adaptation plans, the Government of Canada is committed to renewed nation-to-nation, Inuit–Crown and government-to-government relationships with First Nations, Inuit, and Métis, based on the recognition of rights, respect, cooperation, and partnership.
• Recognizing that Indigenous Knowledge systems and ways of doing must be a cornerstone of Canadian climate policy, Canada committed $29.6 million over three years (2022-23 to 2024-25) in Budget 2022 and the 2030 Emissions Reduction Plan to advance an Indigenous Climate Leadership Agenda with First Nations, Inuit and Métis partners. This funding has supported over 50 Indigenous governments and representative organizations to advance unique plans to engage rights-holders and communities on their climate priorities and return with recommendations on how Canada can strengthen its partnership with Indigenous Peoples on climate.
• In 2023, Canada reconfirmed the commitment to advance Indigenous Climate Leadership in the United Nations Declaration on the Rights of Indigenous Peoples Act Action Plan. Measure 46 states that "Canada will partner with First Nations, Inuit, and Métis to advance an Indigenous Climate Leadership Agenda, including distinctions-based strategies, that vests the resources and authorities necessary for Indigenous Peoples to fully exercise their right to self-determination on climate. This includes ensuring that First Nations, Inuit, and Métis peoples have stable, long-term financing to implement their climate actions, make climate-related decisions with the Government of Canada, and that systemic barriers to Indigenous climate leadership are addressed."
• Increasing collaboration with Indigenous partners through a distinctions-based approach will ensure that the unique priorities and knowledge of First Nations, Inuit, and Métis underpin national climate efforts, provide a foundation for regional and community-led climate action, and are meaningfully reflected in Canada's climate plans.

Current Status

• The Government of Canada continues to engage with First Nations, Inuit and Métis to jointly develop an approach to supporting Indigenous Climate Leadership that meaningfully reflects Indigenous-led engagement with rights-holders and communities and advances shared priorities.

Program-Level Data

• Program/Investment: Indigenous Climate Leadership
  • Funding / Performance Indicator Data: $29.6 million over three years, starting in 2022-23, has contributed to supporting over 50 Indigenous governments and representative organizations to participate in the engagement process.