Appearance before the Standing Senate Committee on Indigenous Peoples (APPA) - Current and Upcoming Priorities - November 1, 2022

Indigenous Services Canada (ISC)

• Gina Wilson, Deputy Minister
• Valerie Gideon, Associate Deputy Minister
• Keith Conn, Assistant Deputy Minister, First Nations and Inuit Health Branch
• Paula Hadden-Jokiel, Assistant Deputy Minister, Regional Operations Sector
• Christine Harmston Director General, Education and Social Development Programs and Partnerships Sector
• Chris Rainer, Acting Assistant Deputy Minister, Strategic Policy and Partnerships Sector
• Sylvain Souligny, Director General, Chief Finances, Results and Delivery Officer Sector

Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC)

• Daniel Quan-Watson, Deputy Minister
• Paula Isaak, Associate Deputy Minister
• Mary-Luisa Kapelus, Senior Assistant Deputy Minister, Policy and Strategic Direction
• Darlene Bess, Senior Assistant Deputy Minister, Chief Finances, Results and Delivery Officer Sector
• Heather McLean, Assistant Deputy Minister, Implementation Sector
• Joe Wild, Senior Assistant Deputy Minister, Treaties and Aboriginal Government
• Wayne Walsh, Assistant Deputy Minister, Northern Affairs
• Chantal Marin-Comeau, Director General, Missing and Murdered Indigenous Women and Girls
• Garima Dwivedi, A/Assistant Deputy Minister, Resolution and Partnerships

In the Media

On October 26, 2022 it was reported widely that the Canadian Human Rights Tribunal rejected that the final agreement on Ottawa’s $20B First Nations Child Welfare Compensation. The CHRT said the deal did not meet its criteria because it left some children out and did not guarantee the $40 000 in compensation for each child and caregiver ordered by the human rights body.

Key Messages

• In 2022–23, CIRNAC continues to carry out activities that support the Government of Canada's commitment to advance reconciliation and strengthen relationships with First Nations, Inuit and Métis, as well as addressing the unique needs of Northerners. This work includes supporting the Indigenous peoples' right to self-determination, addressing historical wrongs, shedding our colonial past, and addressing systemic racism in all its forms.
• In the context of the challenges brought forward by the COVID-19 pandemic, the Government continues to work with Indigenous partners to address public health and economic recovery issues. The department is focusing on alternative ways to deliver its mandate and support Indigenous peoples and Northerners, while remaining connected with partners to respond to pandemic-related impacts in communities.

Background

• The renewal of a nation-to-nation, Inuit-Crown, and government-to-government relationship with Indigenous peoples is critical to moving forward with reconciliation. CIRNAC continues to work with Indigenous partners in addressing shared priorities, accelerating the resolution of outstanding historic grievances and achieving the long-term reconciliation goals.
• CIRNAC, along with ISC, is the lead federal department responsible for supporting Canada's Indigenous and northern peoples in the pursuit of healthy and sustainable communities, and broader scientific and social development objectives. The department continues to collaborate with partners to help build a strong, vibrant, and economically self-sufficient North.

Planning Highlights

• CIRNAC is continuing discussions to negotiate and implement modern treaties and self-government agreements, and explore new ways of working with First Nations, Inuit and Métis communities.
• We are pursing the work in collaboration with Indigenous partners to redesign the Additions to Reserve Policy and to reduce the percentage of active additions to reserves.
• We are advancing the implementation of the Recognition and Reconciliation of Rights Policy for Treaty Negotiations in British Columbia, in partnership with the other Principals (First Nations Summit/Province of British Columbia).
• The resolution of specific claims is key to addressing historical grievances between First Nations and Canada. As such, CIRNAC continues to accelerate specific claims resolution to support reconciliation, as well as collaborate with First Nations to work towards the implementation of process, policy and legislative reforms to resolve Indigenous litigation.
• CIRNAC continues to lead and coordinate the work required of all government departments to accelerate the implementation of the Truth and Reconciliation Commission’s Calls to Action that fall under the federal government’s purview. Specifically, CIRNAC continues to implement the Calls to Action regarding missing children and unmarked burial sites associated with former Indian residential schools to support locating, documenting and memorializing initiatives.
• The Government of Canada is accelerating work with Indigenous partners, provinces and territories, to address the national tragedy of missing and murdered Indigenous women, girls and Two-Spirit LGBTQQIA+ people, through the implementation of the 2021 National Action Plan. Namely, CIRNAC is accelerating the implementation of the Federal Pathway, which is Canada’s contribution to the National Action Plan to end gender-based violence and advance reconciliation.
• CIRNAC is building on the success of the Nutrition North Canada subsidy program and the Harvesters Support Grant to reduce the financial burden associated with traditional hunting and harvesting.
• The Department has undertaken remediation work in large abandoned mines, such as the Giant Mine in the Northwest Territories.
• We also continue to support clean energy projects to reduce the North’s reliance on diesel as well as climate change and climate monitoring projects in northern and Indigenous communities.
• CIRNAC is advancing the Nunavut Devolution Final Agreement with partners, and preparing for the implementation phase.

Current Status

• CIRNAC continues to support Canada’s commitment to advance reconciliation with First Nations, Inuit and Métis peoples, and to right past wrongs and continues to work in partnership with Indigenous communities so that they are better positioned to achieve self-determination, as well as promote the prosperity and well-being of residents and communities in the North.
• Throughout the COVID-19 pandemic, we remain committed to supporting the needs of all Indigenous peoples and Northerners and respond to pandemic-related impacts in communities.

Key Messages

• In 2020-21, CIRNAC carried out activities in support of the Government of Canada’s commitment to reconciliation with Indigenous peoples and addressing the unique needs of Northerners.
• We continued to strenghten relationships with First Nations, Inuit and Métis peoples in order to support efforts to achieve self-determination and to right historical wrongs as well as promote the prosperity and well-being of residents and communities in the North.
• Throughout the COVID-19 pandemic, CIRNAC remained committed to meeting the various needs and responding to the unique realities of all Indigenous peoples and Northerners, by pivoting and supporting a range of emergency measures for urgent needs and remaining connected with modern treaty and self-governing partners through a COVID-19 Working Group.

Background

• The 2020-21 results were reported against the 2 Core Responsibilities set out in the Departmental Results Framework: Crown-Indigenous Relations; and Northern Affairs.
• CIRNAC reported on 18 targets.
  • 56% of targets (10) were met or exceeded
  • 22% of targets (4) are on track (i.e. target date is in a future fiscal year)
  • 22% of targets (4) were not met (based on reduction of outreach activities due to the pandemic)

Key highlights for 2020-21

• CIRNAC continued to explore options to improve the specific claims process, while respecting the principles of the United Nations Declaration on the Rights of Indigenous Peoples. From 2018–19 to 2020–21, a total of 117 claims were resolved, representing the highest number of claims settled over a consecutive 3-year period. In 2020–21, 89% of specific claims assessed were accepted for negotiations, and 36 specific claims were settled.
• The Indian Residential Schools Adjudication Secretariat completed its mandate and closed on March 31, 2021. A total of 38,278 Independent Assessment Process (IAP) claims were received and processed. Although one complex file remained before the court at the end of 2020-21, all other files were resolved.
• CIRNAC collaborated with partners to advance the Truth and Reconciliation Commission calls to action 72 to 76 with regards to missing children and unmarked burials, to support healing, wellness and commemoration, and signed a 2-year contribution agreement with the National Centre for Truth and Reconciliation to review millions of documents in its collections for the National Residential School Student Register.
• Progress was also made on the commitment to lead and coordinate the development of the National Action Plan in response to the National Inquiry into Missing and Murdered Indigenous Women, Girls, and 2SLGBTQQIA+ People. An Indigenous-led group of over 100 representatives worked together on this Plan, which was published on June 3, 2021. Also launched was the Federal Pathway to Address Missing and Murdered Indigenous Women, Girls and 2SLGBTQQIA+ People, as the Governments contribution to the National Action Plan.
• CIRNAC increased access to perishable and nutritious food in northern isolated communities through the Nutrition North program, and helped lower costs of traditional hunting and harvesting through the Harvesters Support Grant.
• The Department invested over $25 million to enable Indigenous and northern partners to respond to the challenges of climate change, and build capacity and resilience.
• We continued implementing the Arctic and Northern Policy Framework, including contributions to quality education, decent work and economic growth, as well as industry, innovation and infrastructure.
• CIRNAC provided $179.6 million to territorial governments to help them respond to the pandemic and address social, health, and economic consequences for northern residents, including increased subsidies through its Nutrition North program and support to northern air carriers to ensure that nutritious food remained accessible and affordable in northern isolated communities during the pandemic.

Current Status

• CIRNAC remains committed to working in partnership with Indigenous communities so that they are better positioned to govern their own affairs and their visions of self-determination, as well as to promote the self-reliance, prosperity and well-being of residents and communities in the North.
• As we build on the progress made in 2020-21 and in the context of the challenges brought forward by the COVID-19 pandemic, the Department will continue working with Indigenous partners to face the public health and economic recovery issues, and to sustain the momentum on the path of reconciliation.

Key Messages

• The 2022-23 Main Estimates for Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) is approximately $5,833.5 million.
• This funding will help CIRNAC to continue on the path to renewing the relationship with Indigenous peoples; to further its work to modernize institutional structures and governance to support self-determination; to progress on righting wrongs from the past, towards Indigenous reconciliation; and finally, to advance its work to protect the environment and ensure prosperity, sustainability and health in the North.

Background

In comparison to the 2021-22 Main Estimates of $4,722.5 million, CIRNAC’s total Main Estimates for 2022-23 had a net increase of $1,111.0 million.

This increase in funding was primarily attributable to:

• increase in funding for Advancing Reconciliation by Settling Specific Claims (+$1,151.6 million);
• increase in funding for Investments in Indigenous Infrastructure (+$353.5 million);
• increase in funding to settle Sixties Scoop settlement (+150.0 million);
• increase in funding for Comprehensive Land Claims and Self-Government Agreements and other agreements to address section 35 rights (+$134.4 million);
• increase in funding for Canada’s Response to Missing and Murdered Indigenous Women and Girls National Inquiry’s Final Report "Reclaiming Power and Place" (+$102.0 million);
• decrease in funding related to the Federal Indian Day Schools Settlement Agreement (McLean) (-$895.0 million).

Current Status

Main Estimates Funding for Crown-Indigenous Relations:

• The Main Estimates contain approximately $5.1 billion for programs under the portfolio of the Minister of Crown–Indigenous Relations.
• A priority under this portfolio is the settlement of First Nations’ historic grievances, such as those under the Specific Claims process, which provide compensation to First Nations and discharge Canada’s historic outstanding legal obligations.
• Funding will also be used to continue to address essential Indigenous infrastructure needs, section 35 rights and the National Tragedy of Missing and Murdered Indigenous Women and Girls.

Main Estimates Funding for Northern Affairs:

• The Main Estimates contain approximately $656 million for programs under the portfolio of the Minister of Northern Affairs.
• The majority of operating funds will be used for the remediation of Northern Contaminated Sites, to address the significant risks they pose to the environment and to human health and safety.
• Transfer payment resources will be used to support accessibility to nutritious food in isolated northern communities through the Nutrition North Program.
• Resources will also be used for continued support around key areas such as health care, infrastructure, natural resources conservation and climate change adaptation and monitoring.

Key Messages

• The 2022-23 Supplementary Estimates (A) included key initiatives and new funding totaling approximately $1,487.7 million.
• Supplementary Estimates (A) will increase the department’s 2022-23 total budgetary authorities to approximately $7.3 billion.
• With this funding, the department will continue to make concrete steps towards renewing the nation-to-nation, Inuit-Crown, government-to-government relationship between Canada and First Nations, Inuit and Métis, to support their vision of self-determination and advance work in the North.

Background

The 2022-23 Supplementary Estimates (A) for all departments was tabled in the House of Commons by the President of the Treasury Board on May 20, 2022.

These Supplementary Estimates include key initiatives and new funding totaling approximately $1,487.7 million, including $225.0 million in new funding, $1,176.0 million of reprofiled funding and $86.7 million of transfers from other government departments.

They are comprised of:

• $1,190.9 million in Vote 10 Grants and contributions, including:
  • Reprofiled funding for the Specific Claims Settlement Fund, $900 million;
  • Funding for Closing the Northern Housing and Infrastructure Gap, $75.0 million;
  • Funding for Early Deliverables to Advance Reconciliation with the Haida Nation, $53.0 million;
  • Funding to Support the Implementation of the Anishinabek Nation Governance Agreement, $43.1 million;
  • Funding to Renew Support for Recognition of Indigenous Rights and Self-Determination Tables, $28.3 million;

• $294 million in Vote 1 Operating expenditures, including:
  • Reprofiled funding for the partial settlement of Gottfriedson (Indian Residential Day Scholars) litigation, $146.0 million;
  • Reprofiled funding for Federal Indian Day Schools Settlement Agreement (McLean), $130.0 million; and
  • Funding to Renew Support for Recognition of Indigenous Rights and Self-Determination Tables, $17.6 million.

• $2.8 million in Statutory authorities for employee benefits

Current Status

Supplementary Estimates (A) for Crown-Indigenous Relations:

• These Estimates contain $1.4 billion for Crown-Indigenous Relations.
• The funds are important to ensure the department can continue the concrete work to renew the relationships between Canada and First Nations, Inuit and Métis and to support their visions of self-determination.
• The majority of the funds will be used to settle claims and litigation, and to support early deliverables to advance reconciliation with the Haida Nation.

Supplementary Estimates (A) for Northern Affairs:

• These Estimates contain $75.0 million for Northern Affairs.
• These funds are important to advance the work to create more economic opportunities and a higher quality of life in Canada’s North.
• The funds will be used to address the Northern Housing and Infrastructure Gap.

Key Messages

• The 2021-22 Public Accounts demonstrate that public funds are used in a responsible manner to deliver on CIRNAC’s mandate.
• Our Government is honoring its lawful obligations and advancing reconciliation by working to resolve claims through negotiations.
• We will continue to support our Indigenous partners’ vision of self-determination and create more economic opportunity and a higher quality of life for Northerners.

Background

• The Public Accounts of Canada are part of a series of annual reports to Parliament and the Canadian public that provides information on the state of the Government of Canada’s finance.
• The key items for CIRNAC typically include contingent liabilities, claims against the Crown, environmental liabilities, transfer payments and the reporting of contractual obligations.

Current Status

CIRNAC’s contingent liabilities total $30.6B as of March 31, 2022 and represents the majority of the Government of Canada’s total contingent liabilities. They are reported at the consolidated level in the Public Accounts, no information by department is disclosed. Fiscal year 2021-22 has seen an increase of $6.6B mainly due to an increase of $3.7B in specific claims and $1.7B in litigations. Payments issued as a result of a settlement during the year are disclosed as Claims against the Crown.

CIRNAC continues to resolve childhood claims focusing on balancing compensation with investments in healing and commemoration, demonstrated through the ongoing execution of the Federal Indian Day School settlement and the continued efforts to address the Calls to Action to redress the legacy of residential schools.

CIRNAC also reports significant environmental liabilities, where the information is available at the departmental level. The department is responsible for the management of a portfolio of contaminated sites in Yukon, Northwest Territories, and Nunavut abandoned by their former operators when they became insolvent. As of March 31, 2022, the total environmental liability balance for the Northern Contaminated Sites Program is $6.3B, a $2.2M increase compared to the preceding fiscal year. The vast majority of this increase relates to the reassessment of remediation and maintenance costs and schedule for the Giant Mine in Northwest Territories. CIRNAC continues to manage high-priority contaminated sites in the North and remediation work at the Giant Mine in Northwest Territories and the Faro Mine in Yukon.

With the nature of its mandate, CIRNAC enters into a high volume of contractual obligations whereby it will be obligated to make future payments in order to carry out its transfer payment programs. CIRNAC reported $14.3B in outstanding contractual obligations as of March 31, 2022. The net increase of $2.0B in contractual obligations from the $12.3B it reported in 2020-21 is mainly explained by increases in Self-Government and Comprehensive Land Claim agreements, because of new perpetual agreements as well as adjustments to existing perpetual agreements based on factors such as inflation. The perpetual agreements make up $12.9B of the outstanding contractual obligations of $14.3B.

CIRNAC’s Public Accounts also includes $2.2B in lapsed funding that will be reprofiled to future years. The largest items are due to the timing and progress of claims and litigation negotiations.

Key Messages

• The Government of Canada is committed to working with Indigenous peoples to address persistent colonial legacies, such as moving away from the Indian Act for First Nations, and removing barriers to enable the self-determination of Indigenous peoples.
• Canada is working in collaboration with Indigenous partners to create pathways to self-determination that are not shaped by the Indian Act, uphold Canada’s obligations, and build a more substantial place for Indigenous governments in the Canadian federation.

Background

• Persistent colonial legacies refers to the systemic nature of laws and obligations, such as the Indian Act, and their continued impact on all facets of federal decision-making, programming, policies, practice and organizational culture.
• Many federal policies, resources, and processes reinforce Indian Act structures, do not provide incentives for First Nations to move to self-government, and impede co-development efforts, and the full implementation of United Nations Declaration on the Rights of Indigenous Peoples.
• The mandate letter for the Minister of Crown-Indigenous Relations includes a commitment to work in full partnership with First Nations, Inuit and Métis to continue building nation to nation relationships and support self-determination, including supporting First Nations communities as they transition to self-government and move away from the Indian Act.
• The mandate letter also includes a commitment to continue moving forward on Self Government Recognition and Implementation Agreements with the Manitoba Métis Federation, the Métis Nation of Alberta, the Métis Nation of Ontario, and the Métis Nation of Saskatchewan, and on the Self-Government Framework Agreement with the Northwest Territory Métis Nation, and, as set out in our permanent bilateral process, meet regularly with Métis Nation partners to make progress on Métis priorities.
• Treaties and agreements provide a framework for ongoing reconciliation between the Crown and Indigenous governments based on co-existence of rights. They provide predictability with respect to the relationship of laws and jurisdictions, and the exercise of rights related to lands and resources. Treaties are a means of moving away from the Indian Act and enabling self-determination.

Current Status

What the Department is doing

• Canada has shifted its approach for treaty negotiations away from imposing unilaterally developed federal mandates with limited opportunities for agreements to evolve and towards a focus on co-developed paths forward and flexible solutions.
• Being responsive, open and transparent increases the likelihood of negotiating mutually beneficial agreements in a timely and efficient manner, and in the long term, actualizing self-determination.
• Under this approach, Canada is shaping the constitutional relationship with Métis by signing four agreements that recognize the Métis right of self-government and set out steps to formally recognize Métis governments in Canada. Agreements have been signed with the Manitoba Métis Federation, Métis Nation of Ontario, Métis Nation – Saskatchewan, and Métis Nation of Alberta. Canada is continuing to work with Métis partners to negotiate agreements that will address further aspects of their self-determination.
• Other recent initiatives that are addressing persistent colonial legacies and advancing self-determination include:
  • Ending any requirement for the extinguishment; modification; or cede, release and surrender of Indigenous rights in treaties.
  • In Fall 2022, Finance Canada announced a significant change to its policy regarding Section 87 of the Indian Act, which deals with the phasing in of certain federal taxes for Self-governing Indigenous groups. With this change, Indigenous groups are no longer required to phase-in taxation, and will continue to benefit from tax exemptions under Section 87 after concluding self-government agreements.
  • Co-development of legislation related to Indigenous languages, and child and family services.
  • Tripartite co-development of the Recognition and Reconciliation of Rights Policy for Treaty Negotiations in British Columbia, offers guidance on the recognition and implementation of rights while supporting the self-determination of Indigenous groups. Where there is interest, Canada is ready to discuss using the approaches found in the policy with negotiation partners elsewhere in the country.
  • Co-development of Canada’s Collaborative Self-Government Fiscal Policy, which sets out a new fiscal model to address the expenditure needs of Indigenous governments and makes investments toward equity in social well-being, infrastructure and public housing.
  • Legislation to support implementation of the United Nations Declaration on the Rights of Indigenous Peoples.
• Canada recognizes that advancing self-determination and self-government are priorities for Indigenous groups, and moving away from the Indian Act is a priority for First Nations. Canada recognizes these processes are lengthy and cumbersome, and is continuing to work with Indigenous partners to build on recent approaches, and toward additional mechanisms to enable self-determination.

Key Messages

• In recent years, Canada has been advancing interest-based discussions and ensuring that co-development is at the core of all negotiations and discussions with Indigenous groups. The goal is to bring greater flexibility to negotiations based on the recognition of rights, respect, cooperation and partnership.
• At these discussion tables, Canada and Indigenous groups are exploring new ideas and ways to reach agreements that will recognize the rights of Indigenous groups and advance their visions of self-determination for the benefit of their communities and all Canadians.
• Indigenous groups across the country vary widely in their contexts and priorities. We need to be listening carefully and working with them as they seek to advance their rights, needs and interests.
• A range of new approaches adopted in recent years have increased the flexibility and removed barriers to increase the pace of negotiations toward reaching treaties, agreements and other constructive arrangements.
• This includes negotiating incremental agreements that are responsive to specific issues and can build towards comprehensive agreements, recognizing rights as pre-existing to be implemented through negotiated agreements, and negotiating "living agreements" that enable predictable exercise of rights with adjustments over time.

Background

• The mandate letter for the Minister of Crown-Indigenous Relations commits to work with Indigenous partners and relevant Ministers to accelerate the Recognition of Indigenous Rights and Self-determination processes, with particular focus on reforming federal government structures, notably to support self-determination consistent with the United Nations Declaration on the Rights of Indigenous Peoples.
• Canada views the negotiation of treaties, agreements and other constructive arrangements as an important method for achieving the reconciliation of Crown title and the inherent titles of Indigenous groups, and the reconciliation of pre-existing Indigenous sovereignty with assumed Crown sovereignty. Treaties and agreements provide a framework for ongoing reconciliation between the Crown and Indigenous governments based on co-existence of rights.
• At the tables, Canada and Indigenous groups are focused on collaborative paths forward and flexible solutions leading to negotiation mandates that address the distinct needs of Indigenous groups.
• These tables are: without prejudice, premised on the recognition of section 35 rights, open to a broad range of subject areas for discussion, supportive of flexible approaches for reaching agreements, and alternatives to litigation.
• In addition, the tripartite British Columbia treaty process was developed in 1992 by the Governments of Canada and British Columbia, and the First Nations Summit to address the large number of unresolved assertions of Aboriginal rights and title in British Columbia.
• Canada is working with the Province of British Columbia and the First Nations Summit to improve and expedite treaty negotiations in British Columbia. For example, In 2019, the partners co-developed the tripartite Recognition and Reconciliation of Rights Policy for Treaty Negotiations in British Columbia. The policy enshrines the direction embraced through the recognition of rights discussion tables, including:
  • a rights and interests basis;
  • co-development as the paradigm for Crown-Indigenous dialogue;
  • finding practical expressions of Indigenous jurisdictions, legal systems, and other elements of self-determination and self-government; and,
  • flexible approaches to land interests, including title.
• Under the policy, the parties co-develop treaties, agreements and other arrangements that reconcile Crown and Indigenous rights based on co-existence, and enable the recognition and continuation of rights without modification, surrender or extinguishment. Further, the policy states that agreements will be capable of evolving over time and not require full and final settlement.

Current Status

• There are currently 189 active negotiation tables across Canada, involving over 480 First Nations, 22 Inuit communities and 8 Métis organizations with a total population of about a million people. Through these discussions, over 90 preliminary-type (process) agreements have been signed, 89 mandates/revised mandates have been secured, 7 agreements-in-principle have been signed, and 22 agreements have been concluded.
• The Recognition and Reconciliation of Rights Policy for Treaty Negotiations in British Columbia has replaced the Comprehensive Land Claims and Inherent Right policies for treaty negotiations in British Columbia. Where there is interest, Canada is prepared to use the approaches found in the policy with negotiation partners elsewhere in the country.
• Canada and Indigenous groups are focused on collaborative paths forward and flexible solutions leading to negotiation mandates that are responsive to the distinct needs of Indigenous groups. These approaches allow for closer alignment with evolving jurisprudence and the United Nations Declaration on the Rights of Indigenous Peoples.
• While significant progress has been made to address longstanding demands, further work is needed, particularly on land and resource related issues. The issues are complex and challenging, but we are very focused on an approach that works collaboratively with provincial, territorial and Indigenous partners to address barriers and reach agreements.

Key Messages

• The Government of Canada is working with Indigenous groups across the country to explore new ways of working together to advance the recognition of Indigenous rights and self-determination. The goal is to bring greater flexibility to negotiations based on the recognition of rights, respect, cooperation and partnership.
• At the same time, our partners require stable and predictable funding and sustained capacity to fully participate in these negotiation and co-development processes.
• Investing early in supporting our Indigenous partners in their capacity needs promotes a stronger and more efficient self-determination model. Over the last few years, however, the focus has been on developing and expanding our fiscal tools to better support this objective.
• Our focus this fall will be to build on the momentum we have gained by continuing to invest in tools to meet the evolving needs of our Indigenous partners, eliminate barriers that have been identified by our Indigenous partners and lead to the faster conclusion of treaties and other constructive agreements.

Background

• There has been considerable growth in rights-based discussions and CIRNAC’s focus has been on improving and developing fiscal tools to support the elimination of barriers that have been identified by our Indigenous partners. For example, we have made key changes to our approach and supports in areas such as:
  • the loan reform initiative, where in 2018, Canada replaced all loans for comprehensive claims negotiations with contribution funding and in 2019 we further invested $1.4 billion to forgive all outstanding comprehensive land claim negotiation loans, and reimburse those that have already repaid their loans following the conclusion of their comprehensive land claim settlement agreement. These changes removed the financial burden Indigenous groups faced to repay federal loans, ensuring that the cost of participation in rights discussions is not a barrier to nations seeking to exercise their rights.
  • the development of the Collaborative Fiscal Policy Process in 2016 where CIRNAC and Self-governing Indigenous Governments co-developed Canada’s Collaborative Self-Government Fiscal Policy, released in 2019. The policy guides federal officials in developing fiscal agreements with each Indigenous Government, and provide a principled approach to fiscal relations with all Indigenous Governments in a manner that is consistent with the commitments made in self-government agreements and modern treaties. It has proven to be a flexible and enduring forum to support co-development over time for various formations of Indigenous self-determination and addressing the concerns of Indigenous Governments.
  • an interim approach on Own Source Revenue which suspended the application of Own Source Revenue offsets pending the completion of work on all relevant areas of expenditure need at which time a new methodology can be co-developed.
  • the commitment to support, through the $100M Nation Rebuilding Program, Indigenous groups’ efforts to reconstitute themselves as nations and fully exercise their right to self-determination by transitioning out from under the Indian Act and into self-government.
  • an investment of $108.8M in 2021-22 and 2022-23 to re-establish and revitalize Indigenous cultural spaces. This Cultural Spaces in Indigenous Communities Program was designed as an integral part of Canada’s response to the Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls and was met with an overwhelmingly positive reaction from Indigenous groups who have identified safe, culturally-relevant spaces as a key component to moving forward on self-determination.
  • working with Finance Canada to support changes to policy regarding Section 87 of the Indian Act, which deals with the phasing in of certain federal taxes for Self-governing Indigenous groups. With the change, Indigenous groups are no longer required to phase-in taxation, and will continue to benefit from tax exemptions under Section 87 after concluding self-government agreements. This is another step towards removing a significant barrier to concluding constructive self-government and rights-based agreements.

Current Status

What the Department is Doing

• While many positive improvements have been made, there is an ongoing need to ensure that capacity supports to Indigenous partners can keep pace with their expectations. To that end, CIRNAC will continue to engage Indigenous partners in order to invest in tools to better support the faster conclusion of treaties. For example:
  • the department is engaged in discussions for renewing the Nation Rebuilding and Cultural Spaces in Indigenous Communities Programs so our partners can continue to take advance of these hugely beneficial programs. These programs sunset in March 2023.
  • the department continues to review its operations and systems in order to ensure that Indigenous partners are supported to engage in section 35 rights conversations.
  • continuing work under the Collaborative Fiscal Policy Process to ensure that Indigenous governments that have concluded comprehensive and self-government agreements have sufficient resources to further their vision of self-determination.
• While the issues remain complex and challenging, there is a sustained commitment to keep working and making positive change on the ground.

Key Messages

• On April 23, 2021, the Supreme Court of Canada released its decision in the Desautel case. The Court ruled that non-resident or non-citizen Indigenous individuals from communities outside Canada may be able to exercise Indigenous rights within Canada.
• Canada is working to implement the Desautel decision in a way that is fair, honourable, and equitable, and I have tasked my officials to develop tools to advance this work.
• Indigenous groups are impacted by the decision in unique ways, and my department is prepared to hold discussions with groups as they bring their concerns forward.

Background

• On April 23, 2021, the Supreme Court of Canada released its decision in the Desautel case, which held that "persons who are not Canadian citizens and who do not reside in Canada can exercise an Aboriginal right that is protected by s. 35(1) of the Constitution Act, 1982."
• As a result, groups whose members are neither citizens nor residents of Canada can be "aboriginal peoples of Canada" and hold section 35 rights. The Court balanced this finding with the fact that those rights may be different from rights of Canadian Indigenous groups, which may have implications on rights implementation (e.g., duty to consult or the justification for rights infringements).

Current Status

What the Department is doing

At present, Canada’s policy authority to address section 35 rights is limited to Indigenous groups residing in Canada.

CIRNAC is leading the government-wide work to address the implications of the Desautel decision in a way that is fair, honourable, and equitable while balancing key federal interests of reconciliation, Canadian sovereignty, and constructive Canada-US relations.

Key Messages

• In recent years, Canada has moved beyond the parameters of the Comprehensive Land Claims and Inherent Right policies in its approach to the negotiation of treaties, agreements and other constructive arrangements.
• In place of these policies, Canada acknowledges Indigenous groups have pre-existing rights within their traditional territories and is working with Indigenous partners to co-develop practical approaches to implement rights, including setting out predictable processes for periodic renewal and evolution of treaties over time, with consent of the parties. Treaties and agreements are built incrementally based on the priorities identified by Indigenous groups.
• The co-development of the Recognition and Reconciliation of Rights Policy for Treaty Negotiations in British Columbia and Canada’s Collaborative Self-Government Fiscal Policy demonstrate Canada’s commitment to working collaboratively with Indigenous and provincial partners based on the recognition and implementation of Indigenous rights.
• Where there is interest, Canada is prepared to use the approaches found in the Recognition and Reconciliation of Rights Policy for Treaty Negotiations in British Columbia with negotiation partners elsewhere in the country.
• While the new policies are positive and significant steps, we know that there is still work to do to in collaboration with Indigenous partners to ensure policy approaches are based on the recognition and implementation of Indigenous rights, and aligned with the United Nations Declaration on the Rights of Indigenous Peoples.

Background

• The recognition and implementation of Indigenous rights, as recognized and affirmed by section 35 of the Constitution Act, 1982, is central to Canada’s relationship with First Nations, Métis and Inuit peoples. Canada works to advance the exercising and implementation of these rights in a predictable way through negotiated agreements between the Crown and Indigenous groups.
• Until recently, federal involvement in these negotiations was guided by the Comprehensive Land Claims Policy (1973) and the Inherent Right Policy (1995).
• From 2015 to 2018, a series of expert reports and studies found a general consensus among Indigenous peoples that the federal government’s longstanding processes for negotiating comprehensive land claims and self-government agreements were expensive, time-consuming, adversarial, and that capacity support to implement self-government was insufficient. The studies also found that federal policies lagged behind legal developments, and that Canada should be more flexible in its approaches to addressing Indigenous interests, including for Métis.
• There is also frustration amongst Indigenous peoples that the government is not moving fast enough and not living up to expectations related to a number of political, social and economic issues. The United Nations Declaration on the Rights of Indigenous Peoples Act rightly increases expectations for progress and solutions among Indigenous partners. Indigenous peoples are also continuing to turn to the courts to address the recognition and implementation of their rights and title.
• To address these concerns, Canada has shifted its approach for treaty negotiations, away from imposing unilaterally developed federal mandates with limited opportunities for agreements to evolve, towards a focus on co-developed paths forward and flexible solutions.

Current Status

What the Department is doing

• The Comprehensive Land Claims Policy and the Inherent Right Policy no longer form the foundation of how Canada negotiates with Indigenous partners.
• Canada is committed to fully redesigning the policy approaches and is working toward this through a variety of mechanisms, including distinctions-based processes with First Nations, Inuit and Métis; leveraging innovations from negotiation tables; learning lessons from what we have heard in past engagement processes; undertaking collaborative analysis with federal departments; and building public service capacity to advance culture change.
• As of 2018, Canada funds negotiations through non-repayable contributions to support the participation of Indigenous groups where previously these costs were borne by Indigenous groups through repayable loans. This change removed the financial burden Indigenous groups faced to repay federal loans.
• In British Columbia, the tripartite and co-developed Recognition and Reconciliation of Rights Policy has replaced the Comprehensive Land Claims Policy and Inherent Right Policy. Under the policy, treaties and agreements reconcile Crown and Indigenous rights based on co-existence, and enable the recognition and continuation of rights without modification, surrender or extinguishment.
• Canada’s Collaborative Self-Government Fiscal Policy is comprised of co-developed funding methodologies that reflect the expenditure needs of Self-Governing Indigenous Governments to support them in fulfilling their responsibilities. It also supports closing the social and well-being gaps between Indigenous and non-Indigenous people.
• Canada is working with Self-Governing Indigenous Governments to further co-develop Canada’s Collaborative Self-Government Fiscal Policy. Similarly, Canada is working with BC and the First Nations Summit to further co-develop and implement the Recognition and Reconciliation of Rights Policy.
• Further, co-developed legislation on Indigenous languages, and child and family services affirms the inherent jurisdictions of First Nations, Inuit and Métis, and enables new options for Indigenous groups and Canada to enter implementation agreements.
• The Government of Canada is continuing to work in partnership with Indigenous groups to support further redesign of the Comprehensive Land Claims and Inherent Right policies. This includes a collaborative process with the Assembly of First Nations to support joint work with the federal government, as well as a First Nations-led policy process.

MMIWG Overview

MMIWG QP Cards

Missing and Murdered Indigenous Women and Girls (Call to Action 41)

Calls to Action 53-56 (National Council for Reconciliation)

Advancing Reconciliation Through the Implementation of TRC CTA 66

Key Messages

• Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) is working with Inuit partners to identify key areas of implementation of the Inuit Nunangat Policy (the Policy).
• This work will include the co-development of an environmental scan, communications and awareness activities, and the development of a Monitoring and Evaluation Framework.
• CIRNAC and ITK have been engaging with federal departments and agencies to inform and educate public servants on how to implement the Policy.

Background

• At the April 2022 Inuit-Crown Partnership Committee (ICPC) Leaders Meeting, the Prime Minister, Inuit Leaders and federal ministers endorsed the Inuit Nunangat Policy. In conjunction, Minister Miller also announced funding of $25.4 million over five years for early implementation of the Policy:
  • $20 million to establish a Central Implementation Fund;
  • $4.8 million over five years and $1.1 million ongoing (i.e. annually thereafter) to establish and staff an Inuit Nunangat Policy Implementation Secretariat; and
  • $0.6 million in funding over four years to ITK to establish critical baseline capacity for Inuit.

Inuit Nunangat Policy Implementation Secretariat

• The Secretariat, to be housed at CIRNAC, will be responsible for:
  • Leading and coordinating the development of the long-term whole-of-government implementation plan;
  • Managing and reporting on the Central Implementation Fund;
  • Conducting internal communications and outreach regarding the Policy; and
  • Supporting federal and Inuit partners in Policy implementation (this support would include providing advice across government on engaging with Inuit and implementing the Policy within department mandates, and coordinating and facilitating that engagement).

Co-Developed Environmental Scan

• The co-developed Environmental Scan is underway and aims to identify gaps and facilitate working directly with departments and agencies on how to apply the Policy as a frame of reference or a guide in their day-to day work.
• Departments have been asked to start work on this analysis by looking at their policies, programs and services that affect Inuit directly and indirectly, and determine if they align with the Policy.

Inuit Nunangat Policy Communications and Awareness

• CIRNAC and ITK have started to jointly deliver on-demand presentations to departments looking to understand the Policy and departmental implications.

Monitoring and Evaluation Framework

• Preliminary work to develop a Monitoring and Evaluation Framework is underway and will be completed within year one.

Current Status

• On October 20, 2022, the Canada School of Public Service held a panel discussion on the Policy, that included presentations by Natan Obed, President of ITK and federal officials, as panel presenters.
• The Inuit Nunangat Policy Environmental Scan, started in XX date,is anticipated to be completed and recommendations presented at an Inuit Crown Partnership Committee leaders meeting in Spring of 2023.
• The Scan work will establish key priorities that will inform the allocation of funding through the Central Implementation Fund and any future funding activities.

Key Messages

• Since 2016, Crown Indigenous Relations and Northern Affairs has been delivering distinctions-based housing investments that support self-determined approaches to Indigenous-led housing programs, leading to important progress in addressing housing gaps.
• Historic infrastructure investments have been made recently to support closing the critical infrastructure gaps between Indigenous and non-Indigenous peoples by 2030.
• The Government of Canada recognizes the importance of addressing infrastructure needs and the unique challenges Canada’s northern and Indigenous communities face in accessing safe, adequate and affordable housing.

Background

CIRNAC Housing Investments

• Budget 2016 provided $80 million over two years to support Inuit housing in three of the four regions of Inuit Nunangat (Inuvialuit, Nunavik, and Nunatsiavut).
• Budget 2018 announced additional investments to support housing delivery, including:
  • $400 million over 10 years to the three Inuit regions (the fourth region, Nunavut, received investments through the Canada Mortgage and Housing Corporation); and,
  • $500 million over 10 years to support the Métis Nation Housing Strategy.
• Recent housing investments through Budget 2022 were announced to accelerate progress on Indigenous housing, including:
  • $565 million over five years to support First Nations Self-Governing and Modern Treaty holder communities;
  • $845.1 million in distinctions-based funding for all four regions of Inuit Nunangat over 7 years; and,
  • $190.2 million over 7 years for Métis communities, including $34 million for Métis in the Northwest Territories.
• With numerous reports published recently on the unique housing challenges faced by Indigenous peoples living in urban, rural, and northern areas, Budget 2022 also committed $300 million towards the development and launch of an Urban, Rural, and Northern (URN) Indigenous Housing Strategy. This work has been initiated by the Canada Mortgage and Housing Corporation, with support coming from CIRNAC and Indigenous Services Canada.
• The shortage of adequate housing in the North and in Indigenous communities has hampered progress on many economic, social, and health issues. For decades Indigenous partners and other Northern stakeholders have stressed the need for increased federal funding and a coordinated whole-of-government support to address significant northern housing challenges including increased construction costs and maintenance due to remoteness, a shorter construction season and climate change.

Infrastructure Investments

• Budget 2021 announced historic investments for Indigenous communities to support critical infrastructure through the Indigenous Community Infrastructure Fund, totalling $4.3 billion over 4 years:
  • Inuit communities received $517.8 million;
  • Métis received $240 million;
  • Self-Government and Modern Treaty partners received $520.6 million; and,
  • Northern First Nation and Métis communities received $18 million to address immediate infrastructure demands as prioritized by Indigenous partners.
• Budgets 2021 and 2022 represent the first dedicated investments for infrastructure and housing, respectively, for Self-Government and Modern Treaty First Nations who are not part of other distinctions-based housing strategies.

Current Status

What the Department is doing

• CIRNAC continues to work successfully with Inuit and Métis partners to implement the distinctions-based housing strategies, deliver current and support further investments to close housing and infrastructure gaps, and collaborate with other departments on complementary programming.
• As of March 31, 2021, Métis partners have built or bought 1,158 housing units, repaired or renovated 2,096 housing units, and provided rental supports to 7,584 Métis households.
• As of 2022-23, Inuit have constructed close to 500 new units, repaired a significant number of existing units and have undertaken critical land development work with distinctions-based investments (excludes progress in Nunavut through CMHC delivered investments). Investments to Inuit land claim organizations are delivered through flexible grant funding agreements ensuring flexibility for Inuit-led housing based on Inuit-determined needs.
• Self-Governing Indigenous Governments continue to work with CIRNAC on the development of expenditure need fiscal methodologies for infrastructure and housing through the Collaborative Fiscal Policy Development Process.
• The Department continues to swiftly flow funds and engage with Northern Indigenous partners on their housing and infrastructure needs to address chronic housing deficits and lower rates of home ownership compared to southern provinces.
• Indigenous partners are using Budget 2021 infrastructure investments to augment their infrastructure delivery capacity and address immediate community infrastructure needs through the provision of health centers, senior centers, community buildings, and improving transportation infrastructure, as a few examples.

100 Wellington Street

• Canada is committed to continue the collaborative process with key Indigenous partners on the Indigenous Peoples Space and to moving forward in the spirit of cooperation and reconciliation.
• The spirit and intent of this initiative has always been that it must remain First Nations, Inuit and Métis led and we will continue to work with our partners on any decisions in relation to the space.

If pressed on access to Indigenous Space

• We are close to reaching an agreement with the Algonquin Anishinabeg Nation Tribal Council to create a dedicated Algonquin space as part of the Indigenous Peoples Space.
• With an agreement near, we are working with National Indigenous Organizations around access to 100 Wellington until construction on this block of the Parliamentary Precinct begins in Fall 2023.
• This short-term access is being provided while we continue discussions on the long-term vision and design for the Indigenous Peoples’ Space.

Key Messages

• The Arctic and Northern Policy Framework was launched in 2019 with territorial, Indigenous and provincial partners, and is now focused on implementation, including co-development of governance mechanisms.
• We continue to work with Framework partners to ensure that Northerners’ needs are met. The 2022 Leadership Committee meeting – held on September 29th in Yellowknife, Northwest Territories, and featuring both in-person and virtual participation – served as a significant chance for the Minister of Northern Affairs to hear directly from partners on their top priorities. The meeting also provided an opportunity to update partners on key issues of relevance, including critical minerals and Arctic and northern security and defence.
• The most-identified priorities noted by partners at the 2022 meeting were mental health and addictions supports, including community-based treatments; housing and community infrastructure; economic development (including clean energy economic measures, remediation, and economic reconciliation); climate change; education and training; measures to address the high cost of living; northern security and defence, including site selection decisions; and Indigenous cross-border mobility.
• Since the release of the Framework, the Government of Canada has made significant investments, including in Budget 2022, to support northern economies and move forward on social and political self-determination. These investments have been in areas that reflect both the co-developed Framework goals and the direct advocacy of partners.

Background

• In 2016, the Government committed to co-developing a new Arctic Policy Framework with territorial, provincial and Indigenous partners to replace Canada’s Northern Strategy and Statement on Canada’s Arctic Foreign Policy and guide federal priorities in the North until 2030 and beyond.
• Released in 2019, the Arctic and Northern Policy Framework was co-developed with Inuit, First Nations, and Métis, the territorial governments of the Northwest Territories, Nunavut and Yukon, and the provincial governments of Manitoba, Quebec, and Newfoundland and Labrador. Development of the International and Defence chapters was led by Global Affairs Canada and the Department of National Defence, respectively.
• The co-development model of policy development and implementation involves a collaborative process which explicitly incorporates the priorities and perspectives of the federal government and partners.
• Implementation with partners, beginning in 2020, has focused on co-developing national and regional governance approaches.
• Targeted federal investments in Budgets 2019, 2021 and 2022 (new measures which support Framework implementation and complement existing efforts to strengthen Arctic and northern communities) are contributions toward the achievement of Framework goals and objectives. Budget 2022, for example, included over $267 million in targeted investments to CIRNAC:
  • $150 million to support affordable housing and related infrastructure in the northern territories.
  • $32.2 million supporting the Atlin Hydro Expansion project to provide clean electricity to the Yukon.
  • $14.5 million ($2.5 million ongoing) to support the completion and operations of the Canadian High Arctic Research Station.
  • $25.8 million to the Government of Yukon and Government of Northwest Territories towards the 1993 Accord, and $2.5 million to Inuvialuit Regional Corporation to implement the new Western Arctic Offshore Oil and Gas Accord.
  • $2 million towards a Collaborative Process Protocol Agreement respecting the historical impacts of the operation of Giant Mine on the Yellowknives Dene First Nation.
  • $40 million to support northern regulatory processes as part of the Critical Minerals Strategy.
  • $29.6 million to support the co-development of an Indigenous Climate Leadership Agenda.

Current Status

• The Arctic and Northern Policy Framework Secretariat within CIRNAC coordinates annual political-level Leadership Committee meetings which both provide a forum for providing updates to all partners on implementation, and serve as a venue for partners to raise their individual priorities. CIRNAC also convenes regular all-partners’ meetings at the officials’ level, and meets with Framework partners bi-laterally
• The Leadership Committee meeting held in Yellowknife on September 29, 2022 (an in-person/virtual hybrid approach was utilized) was chaired by the Minister of Northern Affairs and co-hosted by the Premier of Northwest Territories. Reflecting the whole-of-government nature of the Framework, the meeting included presentations by Natural Resources Canada on critical minerals and by the National Defence on northern security and defence.
• Securing resources which are specifically allocated for Framework implementation remains, for partners, a foremost concern. Partners expect ongoing collaborative work to finalize the governance approaches which will be utilized to determine regional priorities for new investments and to contribute to co-implementation.
• Moving forward, requests for federal investments are expected to continue to be channelled through the Framework Leadership Committee on an annual and as-needed basis.

Key Messages

• Nutrition North Canada supports food security in northern isolated communities by improving access and affordability to market, country and local food and essential items.
• An investment of $143.4 million over two years from Budget 2021 expanded Nutrition North Canada to strengthen food security and food sovereignty in the communities and regions it serves.
• An additional $20 million from Budget 2022 is being invested into the retail subsidy to address increased program demand and offset rising costs due to inflation.
• Funding for its retail subsidy program and the Harvesters Support Grant have been increased, and a new Community Food Programs Fund and a Food Security Research Grant have been co-developed with Indigenous and northern partners to better support food security priorities in NNC communities.
• Launched in 2020-21, the Harvesters Support Grant is increasing access to country foods by providing funding to support traditional hunting, harvesting and food sharing in 109 isolated northern communities. In its first year, the Harvesters Support Grant supported over 5,500 harvesters, over 150 hunts, and over 120 food sharing initiatives.

Background

• CIRNAC is continuing to work closely with Indigenous and northern partners and other government departments to identify shared, northern-based solutions for improving food security.
• Nutrition North Canada has increasingly taken a food systems approach to promote food security and food sovereignty. Minister Vandal’s August 15th announcement in Inuvik speaking to Nutrition North Canada’s expanded programming is a significant example of this.
• The Harvesters Support Grant and Community Food Programs Fund mark a fundamental shift by empowering communities to determine and action their own food security priorities.
• While Nutrition North Canada will not solve food security on its own, it is helping northern and isolated communities advance made-in-the-North solutions.
• A long-term strategy will require a whole-of-government approach that recognizes and addresses the key factors of income and employment.

Current Status

• The $143.4 million investment from B2021 includes an additional $36 million for the Harvesters Support Grant (HSG) and $60.9 million to launch a new Community Food Programs Fund (CFPF) under the grant to support a variety of community food-sharing activities.
• HSG and CFPF funding can be used to directly support local priorities or broader food security strategies such as the Inuit Nunangat Food Security Strategy.
• An additional $1.5 million over two years is also being provided for Nutrition North Canada's Food Security Research Grant to inform ongoing and locally driven food security solutions.
• Through an investment of $43 million over two years, increased subsidy rates that were put in place by the Government of Canada at the beginning of the pandemic will be maintained. This investment also extends the retail subsidy to local food producers in eligible communities—for eligible items that are sold or donated within the community—and to food banks and charitable organizations serving eligible communities. The funding will also support eligible communities in storing and distributing both country and market food within a community.
• On October 22, 2022, Harvest Manitoba became the first food bank to register with the program, and have entered a Memorandum of Understanding with Anishininew Okimawin (Island Lake Tribal Council) and Food Banks Canada. This partnership will bring food banking operations to approximately 15,000 residents in the Island Lake Region.
• Nutrition North Canada will continue to support and encourage partnerships between northern and isolated communities and major food banks and charities as well as the efforts of communities in strengthening food security. Partnerships between isolated communities and food banks and other charitable organizations mark an important step towards seeding food sovereignty and reducing food insecurity in the North.
• In addition, the Nutrition North Canada is working with Inuit Tapiriit Kanatami (ITK) and other federal partners (ISC, AAFC) to support a cost-benefit analysis to advance Inuit-led school food programming as a priority action under the Inuit Food Security Strategy.
• Nutrition North Canada is also partnering with the Public Health Agency of Canada's (PHAC) on a project to develop evidence-based guidelines for distinctions-based interventions to further reduce food insecurity among Indigenous people in isolated and northern communities in Canada. The project will look at both income based and food based interventions.

Key Messages

• Devolution is a long-standing federal policy objective which seeks to ensure greater local control and accountability for decisions, and helps to facilitate Crown reconciliation with northern Indigenous peoples.
• The Government of Canada, the Government of Nunavut and Nunavut Tunngavik Inc. continue to meaningfully negotiate towards the final Nunavut Lands and Resources Devolution Agreement targeted for completion in 2022.
• The Government of Canada remains committed to working with the Government of Nunavut, Nunavut Tunngavik Incorporated, and other stakeholders, to support Nunavummiut to make decisions over land and resources that affect their social, economic and political well-being.

Background

• Nunavut remains the last territory without control of its own lands and resources. Completing devolution would see the authorities for the Government of Nunavut at par with provinces and territories for the administration of their own lands and resources.
• Devolution enables the federal government to focus on other core federal responsibilities, such as intergovernmental relations, sovereignty and defence, land claims implementation, climate change and economic development.
• Devolution is reconciliation in action as it is a key step for the self-determination of Nunavummiut, closing the last steps for a fully federated Canada. It follows through on the Nunavut Land Claims Agreement in 1993, and the creation of the territory of Nunavut in 1999. As parties to the negotiation, the Inuit of Nunavut are represented by Nunavut Tunngavik Incorporated and the public Government of Nunavut.
• Devolution creates stronger public governments that are more responsive to local issues and priorities while ensuring that social, economic and other benefits of resource development in the region are shared with Nunavummiut.
• Nunavut devolution will require legislative amendments so that the authorities and self-determination of lands and resources fall under the purview of the Government of Nunavut.
• Section 35 consultations with Indigenous partners with asserted or established Aboriginal and/or treaty rights within Nunavut continue to inform this process.

Current Status

• Since May 2022, the draft Nunavut Lands and Resources Devolution Agreement notes agreement on all tripartite negotiation issues, including related sub-agreements for oil and gas straddling the onshore and offshore and a post-devolution bilateral agreement between the Government of Nunavut and Nunavut Tunngavik Incorporated.
• Since January 2022, section 35 consultations have been underway with thirteen Indigenous Groups with asserted rights in the territory. Proposed accommodations have been incorporated to the draft agreement and remaining consultations are expected to conclude by the end of 2022.
• Following the completion of section 35 consultations, and a confirmation by the Department of Justice that a legal assessment of risk and that duty to consult obligations have been met, the Chief Negotiators for the respective Parties will initial the final Nunavut Lands and Resources Devolution Agreement, and proceed with their respective processes for seeking signing authorities. Signature is anticipated for 2022-2023.
• After the final Nunavut Lands and Resources Devolution Agreement is signed, the Parties will enter into a three-year implementation phase, targeted to begin on April 1, 2023 with an effective transfer date of April 1, 2026. The implementation phase includes finalizing the transfer of staff and resources and drafting legislation to make the transfer of responsibilities to the Government of Nunavut come into effect by transfer date.
• As articulated in Minister Vandal’ mandate letters of 2019 and 2021, the Government of Canada committed to conclude a devolution agreement, meet reconciliation policy priorities, and take steps to proceed with the transfer of lands and resources to the Government of Nunavut.

Key Messages

• Our government is working with Indigenous and northern communities to support climate change adaptation, and to reduce reliance on diesel in the North by shifting to renewable sources of energy.
• Budget 2022 further supports Indigenous leadership on climate action by providing $29.6 million to support the co-development of an Indigenous Climate Leadership Agenda and the phased implementation of distinctions-based climate strategies.
• Budget 2022 also provided $32.2 million to the Atlin Hydro Expansion project which will provide clean electricity to the Yukon to help reduce greenhouse gas emissions.
• Budget 2021 invested $40.4 million to support feasibility and planning of hydroelectricity and grid interconnection projects in the North like the Kivalliq Hydro-fibre Link.
• CIRNAC has worked closely with NRCan, ISC and ECCC to develop the Indigenous and Remote Communities Clean Energy Hub. The Hub is delivering $300 million to advance the Government’s commitment that rural, remote and Indigenous communities have the opportunity to be powered by clean, reliable energy.

Background

Climate change impacts in Indigenous and northern communities

• Indigenous and northern communities are already experiencing the significant and complex impacts of climate change on every aspect of their lives, and are the most in need of adaptation support. Unprecedented changes in temperature, precipitation, sea ice, glaciers, permafrost, freshwater availability, ecosystem dynamics, oceans, and sea level exacerbate existing challenges and health stressors across communities.
• The overlapping impacts of climate change are especially apparent in the North as is evident in many communities. They are experiencing coastal erosion accelerated by reduced sea-ice extent and permafrost melt which is threatening infrastructure and roads. Impacts extend to affect freshwater sources, landslides, and community flooding.
• Beyond the physical impacts, Indigenous communities are also experiencing impacts to food security due to changing animal migration patterns and un-safe travel conditions over sea ice. When animals are no longer available to hunt and fish, or accessing them becomes too dangerous, cultural and spiritual practices linked to these activities are also compromised which can have an effect on the survival of the culture and language in the long term.
• On-the-ground adaptation assessments and projects provide critical information for decision-making, advance reconciliation, contribute to cultural continuity, provide local employment, ensure safety, extend life of assets, and ensure sustainability of federal investments. Community leadership plays a key role in defining local priorities and contributing Indigenous Knowledge that supports informed decision-making and agency over climate action, and positions communities for long-term success.
• Indigenous communities also face challenges in ensuring a safe, reliable, and affordable supply of energy. This challenge is even more significant in Indigenous and northern communities that rely on diesel for heating and electricity generation. Climate change will place additional stress on all Indigenous and northern infrastructure, including energy systems and already vulnerable supply chains. Increasing volatility in both the price and availability of fuel supplies will also place these communities at greater risk energy insecurity and require increased financial contributions required by the federal government. Fuel transportation costs will continue to increase due to winter road failures and other climate change impacts.
• Besides the high risks and costs associated with supplying fuel to northern and Indigenous communities, burning diesel fuel presents a number of environmental, social and economic challenges, including, but not limited to, greenhouse gas emissions, risks of fuel leaks and spills from storage facilities, and energy security issues (i.e., reliance on uncertain availability of seasonal roads, barges, etc.). These challenges drive the need for programming targeted at reducing energy consumption and developing clean energy projects within these communities.
• Improving energy efficiency and deploying clean energy technologies such as hydro, wind and solar diversifies the energy mix in remote communities. Energy efficiency and conservation measures reduce overall energy demand and can provide significant savings to communities ahead of adding new generation capacity. While renewable energy sources, some of which are intermittent such as wind and solar, cannot completely replace diesel consumption, they can displace it in part to reduce the negative impacts of diesel generation while also creating opportunities for local skills development, job creation, and economic development.

CIRNAC climate change programming

• CIRNAC delivers 5 climate change adaptation and clean energy programs that aim to empower Indigenous Peoples and northerners to take a leadership role in climate action through participation in policy and programming. Projects are community-led, build capacity and skills, and yield economic opportunities for communities. They are:
  • Northern REACHE – Supports renewable energy and energy efficiency projects, and related capacity building and planning in Northern communities in Yukon, Northwest Territories, Nunavut, Nunavik and Nunatsiavut. CIRNAC’s Northern REACHE program is working closely with Natural Resources Canada and Indigenous Services Canada to implement the Indigenous and Remote Communities Clean Energy Hub.
  • Climate Change Preparedness in the North – Supports Indigenous and northern communities and governments in the North to help them adapt to climate change impacts. Funding supports projects such as vulnerability and risk assessment of climate change impacts, development of hazard maps and adaption plans and options, and implementation of non-structural and structural adaptation measures.
  • First Nation Adapt – Supports First Nation communities located below the 60th parallel to assess climate change impacts and develop adaptation options, related to community infrastructure and disaster risk reduction. Funding supports projects such as risk assessments, and the development, assessment and cost-benefit analysis of adaptation options. The floodplain mapping portion of the program supports climate impact assessments and adaptation planning efforts in communities at significant risk of flooding.
  • Indigenous Community-Based Climate Monitoring – Supports Indigenous peoples in the design, implementation, or expansion of long-term community-based climate monitoring projects. The program supports community-led projects to monitor climate and the environmental effects of climate change on communities and traditional territories.
  • Engaging Indigenous Peoples in Climate Policy – Supports capacity building in National Indigenous Organizations, their regional affiliates, and other regional organizations to engage in climate policy discussions.

Indigenous Climate Leadership

• Canada’s Strengthened Climate Plan and Canada’s Emissions Reduction Plan committed to support Indigenous Climate Leadership which invests in the agency of Indigenous communities and rights-holders and supports self-determined Indigenous climate action on adaptation and mitigation. Budget 2022 committed $29.6 million over three years to advance this work.

Current Status

• Through its climate change programs, CIRNAC continues to support Indigenous communities, including northern communities, in addressing climate change impacts and developing clean energy projects. Since 2016, CIRNAC’s climate change programs have supported more than 285 projects/initiatives across Indigenous and northern communities with investments totaling more than $211 million.
• Over the next 2.5 years, CIRNAC – in collaboration with Environment and Climate Change Canada – will work with First Nations, Inuit, and Métis to co-develop an agenda for climate action and framework for collaboration on climate policy and climate programming. Funding will also support Indigenous-led climate strategies.
• CIRNAC is working with territorial governments and Indigenous organizations to support hydroelectric and grid interconnection projects like the Iqaluit Hydro project and the Kivalliq Hydro-Fibre Link project.

Key Messages

• Our Government is committed to the protection of human health and safety and the environment, as well as the development of economic opportunities for Northerners and Indigenous partners.
• This is why our Government has renewed the Federal Contaminated Sites Action Plan and made significant investments in establishing the Northern Abandoned Mine Reclamation Program.
• We will continue to collaborate with communities, Indigenous partners, Territories and interested stakeholders to protect Canadians and the environment.

Background

• CIRNAC's Northern Contaminated Sites Program is responsible for the management of 162 contaminated sites in the North, representing an estimated environmental liability of $6 billion (Public Accounts of Canada March, 2022).
• The Northern Abandoned Mine Reclamation Program addresses the eight largest and highest risk abandoned mines in Yukon and the Northwest Territories. This program includes funding for the Giant and Faro mine remediation projects, two of the largest contaminated sites in Canada. While these eight projects have largely been in care and maintenance and remediation planning for several years, a number of projects have achieved important milestones over the last few years.
• CIRNAC also accesses funding through the Federal Contaminated Sites Action Plan, a horizontal initiative led by Environment and Climate Change Canada and Treasury Board Canada, to address the remaining contaminated sites under its jurisdiction that are not eligible for funding under the Northern Abandoned Mine Reclamation Program.
• The Northern Contaminated Sites Program will continue to promote new economic opportunities for Indigenous people and Northerners. The Northern Abandoned Mine Reclamation Program will allow for longer-term remediation contracts, which provide greater certainty for affected communities and economic opportunities for Indigenous people and Northerners. CIRNAC continues to work closely with Public Services and Procurement Canada to refine procurement mechanisms and develop new, more flexible approaches to procurement to ensure Indigenous and northern communities can benefit from its contaminated sites projects.

Current Status

• Our Government is investing $2.2 billion over 15 years in the Northern Abandoned Mine Reclamation Program to remediate Crown-Indigenous Relations and Northern Affairs Canada’s eight largest abandoned mine projects.
• The Government of Canada has also renewed the Federal Contaminated Sites Action Plan, led by Environment and Climate Change Canada, with $1.16 billion in funding over five years, starting in 2020.
• Our Government was issued a five-year land use permit on August 7, 2020, and a 20-year water license on September 18, 2020. These regulatory approvals allowed the Government to begin preliminary remediation at the site, including construction of the non-hazardous waste landfill, completed in June 2022.
• Our Government continues to work in partnership with the Government of Yukon and Indigenous partners to advance the long-term remediation plan while managing immediate risks to both human health and the environment at Faro Mine. We are expecting to start implementation of the final remediation plan in 2026.

Key Messages

• CIRNAC’s Implementation Sector implements 26 Modern Treaties, 19 of which include or have accompanying comprehensive self-government arrangements. The Sector also implements 3 standalone comprehensive self-government arrangements, as well as 7 sectoral self-government arrangements, including 6 that provide jurisdiction for education and 1 that provides jurisdiction for core governance. A large number of these agreements are tripartite in nature and include participation by Provinces and Territories.
• As Canada continues to advance reconciliation, it is anticipated that another 5-7 Modern Treaty and Self-Government Agreements will be finalized within the coming years, which will grow Canada’s Implementation responsibilities.
• To develop and maintain relationships with Modern Treaty and Self Governing partners CIRNAC officials continue to engage with partners in ongoing, regular Implementation Committees and other bilateral engagements, to collaborate on implementation matters.
• Implementation Committees and bilateral discussions with partners are collaborative forums that the parties use to address challenges and pursue opportunities as they arise.
• The Government of Canada currently flows more than $1.2 billion annually to Modern Treaty partners and Self-Governing Indigenous Governments. This spending supports partners in implementing existing agreements and also delivers funding announced through federal budget measures (e.g., Budget 2021 infrastructure).

Background

Engagement with Partners

• Implementation Committees and bilateral engagements are the key venue for all parties to a Modern Treaty or Self-Government Arrangement to continue to build constructive intergovernmental relationships, as well as to oversee implementation matters and make required decisions on the implementation of the legal obligations in Agreements.
• Implementation Committees also often serve as the first stage in resolving disputes when they arise.
• CIRNAC officials generally meet with partners in formal Implementation Committees and bilateral engagements more than 80 times each Fiscal Year.

Fiscal Transfers

• The Government of Canada provides funding to partners in implementing respective agreements. This includes representing their citizens in intergovernmental discussions, and, for Self-Governing Indigenous Groups, delivery of programs and services to their citizens.
• In the 2021/22 Fiscal Year the Government of Canada provided more than $1.2 billion to implement Modern Treaties and Self-Government Arrangements, including more than $105 million to support community infrastructure delivery by partners, as announced in Budget 2021.
• Planned spending for the 2022/23 Fiscal Year is expected to exceed $1.2 billion, including more than $123 million of Budget 2021 infrastructure funding.

Whole of Government Approach

• In 2015 the Government of Canada introduced a whole of government approach to support the implementation of Modern Treaties through a Cabinet Directive and Statement of Principles on the Federal Approach to Modern Treaty Implementation. Further information on this, and ongoing work to introduce further improvements, can be found in section 5 of Implementation Sector’s briefings on its identified priorities.

Current Status

What Department doing

• CIRNAC officials continue to regularly meet with partners to maintain healthy working relationships, and engage in ongoing collaborative work on specific implementation matters, examples of which include:
  • amending existing agreements, including by completing additions to Treaty Settlement Lands and modernizing antiquated provisions that do not align with partners’ current priorities;
  • addressing partner priorities including institutional capacity, housing, infrastructure, education and land management; and
  • facilitating liaison with Other Government Departments on emerging issues including access to program funding, and identifying and working with departments to address program design challenges, and other matters as they arise.

Key Messages

• In recognition of the government-to-government, nation-to-nation, and Inuit-Crown relationships, departmental officials have successfully engaged in collaborative policy co-development processes with self-governing and modern treaty partners.
• This includes the development of Canada’s Collaborative Self-Government Fiscal Policy with self-governing Indigenous groups in 2019, which has resulted in substantial benefits for partners. This process is ongoing as annexes to the policy are co-developed together.
• CIRNAC also worked collaboratively with partners to develop funding allocations for $520.6 million dollars provided through the Indigenous Community Infrastructure fund to advance infrastructure priorities.
• Modern treaty partners have long-advocated for the development of an Implementation Policy. In April 2022, CIRNAC began a collaborative process to explore the purpose, application, and elements of a Modern Treaty Implementation Policy, which is ongoing.
• Both processes have been successful in building trust with partners, and serve to strengthen the federal implementation of agreements.

Background

Collaborative Fiscal Policy Development Process

• Canada and self-governing Indigenous governments began working collaboratively on the development of a new self-government fiscal policy in May 2016.
• Discussions at this table led to the co-development of Canada’s Collaborative Self-Government Fiscal Policy, released in 2019.
• Under the policy, new fiscal transfer agreements to support existing self-government agreements were reached with 25 self-governing Indigenous governments in 2019.
• The policy guides federal officials in developing fiscal agreements with each Indigenous Government, and provides a principled approach to fiscal relations with all Indigenous Governments in a manner that is consistent with the commitments made in self-government agreements and modern treaties.
• CIRNAC continues to work in this collaborative process with a focus on co-developing expenditure needs and methods for infrastructure, languages, and lands and resource management.

Indigenous Community Infrastructure Fund

• Budget 2021 announced $4.3 billion over four years, starting in 2021-22, for the Indigenous Community Infrastructure Fund to support immediate infrastructure demands, as prioritized by Indigenous partners.
• Through this initiative, $520.6 million will be provided to Self-Government and Modern Treaty partners to invest in community infrastructure priorities.
• The Indigenous Community Infrastructure Fund was the first distinctions-based infrastructure investment for Self-Government and Modern Treaty partners and was well received.

Implementation Policy

• In 2021, the Minister of Crown-Indigenous Relations received a mandate to "… work in partnership on the implementation of the spirit and intent of treaties, and land claim and self-government agreements with appropriate oversight mechanisms to hold the federal government accountable".
• This mandate is in line with long-standing priorities of Indigenous modern treaty partners. In 2003, modern treaty partners formed the Land Claims Agreement Coalition, advocating for government to put new policy tools and accountability mechanisms in place, including a federal Implementation Policy.
• In February, the Minister proposed that modern treaty partners collaborate with officials on the co-development of an Implementation Policy.
• Since April 2022, CIRNAC officials have engaged with modern treaty partners to discuss what an Implementation Policy might look like.

Current Status

What the Department is doing

• Officials are continuing to work collaboratively with partners to develop policies, tools, and mechanisms to support the implementation of modern treaties and self-government agreements.
• CIRNAC continues to co-develop work with partners on Canada’s Collaborative Self-Government Fiscal Policy including expenditure-need methodologies that support self-governing Indigenous partners to advance their community development goals.

Key Messages

• The United Nations Declaration on the Rights of Indigenous Peoples remains a key international instrument to which Canada remains committed to support.
• A key element of Canada’s legislation, passed in June 2021, is the co-development of an Action Plan. Led by the Department of Justice, this early work has engaged Indigenous peoples across Canada to shape the Action Plan, scheduled for release in June 2023.
• Crown-Indigenous Relations and Northern Affairs Canada has been a key partner in assisting Justice and other federal departments, along with Indigenous partners throughout this initial phase of development.
• Crown-Indigenous Relations and Northern Affairs Canada’s work led by the Implementation Sector is grounded in building effective partnerships with Indigenous Peoples on matter affecting their rights and is consistent with the articles outlined in the UN Declaration.
• We expect to continue our support, and shift our efforts towards the Declaration’s implementation as the Action Plan is completed.

Background

• The UN Declaration was adopted by the UN General Assembly in September 2007.
• Speeches from the Throne (2019, 2020) and 2021 mandate letters reiterated the Canadian Government’s commitment to implement the UN Declaration through federal legislation, and in June 2022 the Act received Royal Assent.
• On December 3, 2020, the Minister of Justice and Attorney General of Canada introduced Bill C-15, the United Nations Declaration on the Rights of Indigenous Peoples Act (UNDA). On June 21, 2021, Bill C-15 received Royal Assent and became law.
• Budget 2021 proposed $31.5 million over two years, starting in 2021-22, to support the co-development of an Action Plan with Indigenous partners to implement this legislation and to achieve the objectives of the Declaration.
• This Action Plan, led by Justice Canada, will be released in June 2023.
• In keeping with the UNDA, the Government of Canada must fulfil three inter-related legal obligations in consultation and cooperation with Indigenous Peoples: identifying measures for consistency of federal laws with the Declaration; developing an action plan by June 2023, to achieve the objectives of the Declaration; and, developing annual reports on progress and submitting them to Parliament.
• In December 2021, the Department of Justice launched a broad and inclusive consultation, cooperation, and engagement process with Indigenous peoples. A call for proposals was released and 150 proposals from Indigenous organizations have been subsequently supported.
• Short-term funding was provided to CIRNAC to support Justice Canada in the development of legislation (C-15) and engagement process.
• In addition to the UNDA work being led by Justice, CIRNAC’s Consultation and Accommodation Unit continues to provide whole-of-government guidance and support to federal officials for relationship building initiatives that involve the duty to consult and accommodation where government initiatives may impact upon s35 rights, consistent with the Declaration.
• Consultation processes are an important vehicle for fostering meaningful Crown-Indigenous relationships and furthering reconciliation through evolving policy and law which influences Canada’s approach to consultation and accommodation.
• CIRNAC also works with Indigenous nations and organizations to co-develop consultation protocols on behalf of Canada. Consultation protocols establish a framework for a partnerships based approach for respecting s.35 rights and obtaining free, prior and informed consent; which ultimately enables self-determination.

Current Status

What the Department is doing

• CIRNAC continues to support the Department of Justice throughout the engagement process on which it is building the Action Plan, with efforts underway to provide for departmental coordination and accountability of Action Plan items anticipated for CIRNAC implementation.
• CIRNAC delivers monthly training session virtually across Canada on a monthly basis and provides guidance, support and tools to federal officials to support a meaningful whole-of-government approach to consultation are grounded in building effective partnerships with Indigenous Peoples, consistent with the articles outlined in the UN Declaration and contributing to its implementation.
• CIRNAC supports the co-development and implementation of protocol agreements on consultation and resource centres aiming to support efforts to ensure consultation processes are compliant with the UNDA, in particular the implementation of free, prior and informed consent. There are currently 10 active protocols, 9 under active negotiation, 5 resource centres and there is an increasing demand by Indigenous partners to have consultation protocols and/or for resource centres.

Key Messages

• Modern treaties are the basis of which intergovernmental relationships are formed and sustained between Indigenous signatories, Canada, provinces, and territories. The implementation of modern treaties and self-government agreements are a whole-of-government responsibility.
• The 2015 Cabinet Directive on the Federal Approach to Modern Treaty Implementation and the accompanying Statement of Principles established a whole-of-government approach to the management of modern treaty implementation.
• The Cabinet Directive has yielded some successes including:
  • the Modern Treaty Implementation Office, a federal center of expertise on modern treaties;
  • the Deputy Ministers Oversight Committee, focusing on oversight and accountability of modern treaty implementation;
  • the delivery of training to federal public servants; and
  • the Assessment of Modern Treaty Implications template, required for all Cabinet submissions.
• Canada’s modern treaty training for public servants has seen over 2,300 participants in a variety of activities.
• Despite this work, more is required to advance relationships based on the recognition of rights, respect, co-operation, and partnership. Accordingly, CIRNAC and modern treaty partners, are co-developing a modern treaty implementation policy to increase awareness throughout the federal system.

Background

• CIRNAC works with Indigenous nations and organizations to co-develop consultation protocols on behalf of Canada. Consultation protocols establish a framework for a partnerships based approach for respecting s.35 rights and obtaining free, prior and informed consent, which ultimately enables self-determination. They are an important vehicle for fostering meaningful Crown-Indigenous relationships, across the whole of government, and furthering reconciliation through evolving policy and law.
• In 2015, the Cabinet Directive on the Federal Approach to Modern Treaty Implementation was created to ensure that all federal departments and agencies are aware of, understand, and fulfill their departments’ obligations pursuant to all modern treaties in effect and all future modern treaties.
• The 2016 Cabinet Directive created the Deputy Ministers Oversight Committee that was mandated to provide executive oversight over the implementation of modern treaties and has membership from 15 core departments and seven associate departments.
• The Cabinet Directive additionally established the Modern Treaty Implementation Office to provide ongoing co-ordination and oversight of Canada’s modern treaty obligations across the federal government.
• The Cabinet Directive also created the Assessment of Modern Treaty Implementation and is required for all Memoranda to Cabinet, Treasury Board Submissions, and regulatory processes.

Current Status

What the Department is doing

• Officials are continuing to work collaboratively with partners to develop policies, tools, and mechanisms to support the implementation of modern treaty and self-government agreements.
• CIRNAC supports the co-development and implementation of protocol agreements on consultation and resource centers aiming to support efforts to ensure consultation processes are compliant with the UN Declaration Act, in particular the implementation of free, prior and informed consent. There are currently 10 active protocols, nine under active negotiation, five resource centers and there increasing demand from Indigenous partners for protocols or resource centers.
• Deputy Ministers Oversight Committee has met twice this fiscal year and is scheduled to meet at least four times per year. It has seen an increase in participation by modern treaty partners.
• Last year Modern Treaty Implementation Office provided Assessment of Modern Treaty Implications assistance on over 150 Memoranda to Cabinet, Treasury Board Submissions, and regulatory processes.

Key Messages

• The Government of Canada is committed to seeing through the implementation of the Truth and Reconciliation Commission’s 94 Calls to Action; they are central to Canada’s work to advance reconciliation.
• Government of Canada investments to date to support the implementation of Truth and Reconciliation Commission Calls to Action 72-76 (Missing Children and Burial Information) total $252.4 million.
• Most recently, Budget 2022 allocated $122 million over three years for the continued implementation of Calls to Action 74-76 through the Residential Schools Missing Children – Community Support Fund, and $13.6 million over five years for the continued development and maintenance of the national residential schools memorial and cemetery registers (Calls to Action 72 and 73, respectively) by the National Centre for Truth and Reconciliation.
• As of October 19, 2022, the Residential Schools Missing Children – Community Support Funding initiative has received 116 funding requests, totalling more than $226.2 million. To date, 92 funding agreements have been put in place, providing over $94.3 million to Indigenous communities and organizations to support community-led work.
• The variance in requested versus approved funding results from two factors: (1) a need for some communities to complete initial research and knowledge gathering activities to inform subsequent activities (e.g., fieldwork, commemoration); and, (2) insufficient source of funds pre-Budget 2022 to approve multi-year funding projects at requested levels.
• This variance demonstrates a need for a phased approach to funding agreement implementation. The Department works with each community to ensure they have adequate funding for engagement, research, and knowledge gathering to establish a path forward on their initiative.

Background

• The Department, consistent with the Minister of Crown-Indigenous Relations’ 2021 Mandate Letter, continues to work with Indigenous, federal, and provincial/territorial partners to address the history and legacy of residential schools, including by continuing to provide the necessary supports to communities who wish to continue to undertake the work of burial searches at the sites of former residential schools.
• The Department’s implementation of Calls to Action 72 to 76 (Missing Children and Burial Information) is divided into two main streams:
  1. Continuing to collaborate with the National Centre for Truth and Reconciliation to update and maintain the National Residential School Student Death Register (Call to Action 72) and to support the National Centre for Truth and Reconciliation in developing and maintaining a registry of residential school cemeteries (Call to Action 73).
  2. Funding community-led initiatives to locate, document, and commemorate/memorialize burial sites associated with former residential schools, and honour families' wishes to bring children's remains home, through the Residential Schools Missing Children – Community Support Fund (Calls to Action 74-76).

Current Status

Calls to Action 72 (National Residential School Student Death Register) and 73 (developing and maintaining an online registry of residential school cemeteries and burial sites):

• Calls to Action 72 and 73 are implemented by the Department, on behalf of the Government of Canada, in partnership with the National Centre for Truth and Reconciliation.
• Investments announces in Budget 2022 include $13.6 million over five years to support the National Centre for Truth and Reconciliation in the continued implementation of Calls to Action 72 and 73.
• The National Centre for Truth and Reconciliation (the Centre) is continuing to review the documents in their collection that may provide important information to be included in the National Residential School Student Death Register.
• The Centre has produced a public facing Memorial Register from selected information contained in the National Residential School Student Death Register.
• Launched in September 2019, and hosted and maintained by the Centre, the publicly-facing Memorial Register is a searchable, ever-greening, online registry of children who died while in the care of an Indian residential school.
• The Cemetery Register is currently under development and, once complete, will be hosted and maintained by the Centre.
• The identification and recording of burial sites (Calls to Action 74 and 75) are essential precursors for the creation of the Cemetery Register. The Centre is making preparations to receive the necessary information from ongoing community ground and archival searches. The work on the Cemetery Register has been set aside until significant progress has been made on Calls to Action 74 and 75.

Calls to Action 74 to 76, regarding child burial information, commemoration and reburial as well as strategies for ongoing identification, documentation, maintenance, commemoration and protection of burial sites:

• Investments announced in Budget 2022 include $122 million over three years for the continued implementation of Calls to Action 74 to 76, including support for communities undertaking initiatives under the Residential Schools Missing Children – Community Support Fund, and the establishment and maintenance of a National Advisory Committee on Missing Children and Unmarked Burials to provide independent, expert advice and guidance to Indigenous communities and partners undertaking this difficult and often highly-technical work.

Key Messages

• The abuse of Indigenous children is a tragic and shameful part of Canada’s story, the impacts of which are still being felt today.
• The Government of Canada is continuing the work of addressing past wrongs and intergenerational trauma. Part of this work includes resolving Indigenous Childhood Claims Litigation outside of the courts whenever possible.
• We will continue to work with Survivors and Indigenous partners to advance reconciliation, promote Indigenous cultures, and support the healing and commemoration of those affected by the harmful colonial policies.
• Canada is proud of the work that has been accomplished, together with Survivors, Descendants and their counsel, towards a lasting and meaningful resolution for tens of thousands of Day Scholars who attended an Indian Residential School (Gottfriedson).
• Band class representatives, their counsel and Canada are continuing negotiations to finalize the terms of the Band class settlement agreement.

Background

• In 2016, the Government committed to resolving Indigenous Childhood Claims outside of the courts, wherever possible. Childhood Claims settlements balance individual compensation with forward-looking investments in healing, wellness, education, language, culture and commemoration.
• Since 2016, Canada has demonstrated its commitment to resolving Indigenous Childhood Claims Litigation outside of the courts through the:
  • Anderson (Newfoundland and Labrador Residential Schools) settlement (2016);
  • Apology the Prime Minister to former students of the Newfoundland and Labrador Residential Schools (2017);
  • 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 (2021); and,
  • Settlement of individual and multi-plaintiff actions;
  • Creation of Sixties Scoop Healing Foundation, McLean Day Schools Corporation and Day Scholars Revitalization Society aimed at promoting healing for survivors and their families.
• Shane Gottfriedson et al. v. Her Majesty the Queen in Right of Canada is a certified class action filed by members of the Tk'emlúps te Secwépemc and Sechelt First Nation Bands on behalf of former students who attended, but did not reside at Indian Residential Schools.
• While Day Scholars at Indian Residential Schools were eligible to receive compensation for physical and sexual abuse under the Indian Residential Schools Settlement Agreement, they were not eligible for the Common Experience Payment, which was a lump-sum payment to recognize the experience and impacts of living at an Indian Residential School. The class action sought compensation for day students, their immediate children, and 325 Bands for cultural, linguistic, and social damages.

Gottfriedson Day Scholars Settlement

• In September 2021, the Federal Court approved the Gottfriedson Indian Residential Schools Day Scholars Settlement Agreement for the Survivor and Descendant classes. The Court ruled that the agreement is fair, reasonable and in the best interests of the Survivor and Descendant class members.
• The settlement agreement combines individual compensation with forward-looking investments in healing and commemoration, including:
  • Individual compensation of $10,000 for each eligible Survivor class member;
  • A $50 million investment toward the creation of an Indigenous-led not-for-profit corporation to support the healing, wellness, education, language, culture, heritage and commemoration of the Survivor and Descendent classes.
• The claims process opened on January 4, 2022. The claims period closes on October 4, 2023.

Gottfriedson Band Class

• In 2021, the parties agreed to sever the Band class claim in order to focus on securing a settlement of the Survivor and Descendant class claims.
• In September 2022, the parties sought approval from the Federal Court to adjourn the hearing to pursue settlement negotiations are ongoing.
• Negotiations are ongoing.

Current Status

What the Department is Doing

• Canada continues to support the claims administration and class counsel to implement the Gottfriedson Day Scholars settlement agreement for the Survivor and Descendent classes.
• As of September 30, 2022, 9,606 claims have been received. 2,098 have been determined to be eligible paid.
• Band class representatives, class counsel and Canada are continuing negotiations to finalize the Band class settlement.

Key Messages

• Resolving Canada’s historical grievances with Indigenous peoples is a crucial part of reconciliation.
• From January 1st , 2016 to July 31, 2022, 218 claims have been resolved for $6.7 billion in compensation. We know there is more to do, and that is why we are working with partners to further improve the specific claims process.
• We remain committed to addressing the harms of the past to build a stronger future for Indigenous Peoples and Canadians alike. Our work on Specific Claims reform is a key part of this commitment.

Background

• First Nations have long had grievances against the Government of Canada for failure to discharge its lawful obligations with respect to pre-1975 treaties and the management of First Nation lands and other assets. Examples include: Canada not providing all of the reserve land promised under a treaty; Canada selling reserve lands without a First Nation’s proper consent; or, Canada failing to protect and preserve a First Nation’s interest in lands or other assets.
• Since 1973, such grievances have been addressed through the specific claims process. In this process, Canada negotiates the settlement of specific claims with First Nations as an alternative dispute resolution process for resolving historical grievances, rather than in courts.
• The objective of the Specific Claims Program is to ensure that whenever possible, Canada discharges its lawful obligations to First Nations through the implementation of negotiated settlement agreements, as an alternative to litigation.
• Specific claims is a high volume business. From the inception of the program in 1973 to July 31, 2022, 623 specific claims have been settled through negotiations, for close to $10.6 billion in compensation.
• The Specific Claims Program is of critical importance to First Nations and to reconciliation in Canada. Consistent with the call in the Speech from the Throne to move faster on the path to reconciliation, a reform of the Specific Claims Policy and process is under development to address historical grievances through accelerated resolution.
• Since June 2016, Canada has worked in a spirit of co-operation and renewal to find fair and practical ways to improve the Specific Claims Policy and resolution process through ongoing engagement via the AFN-Canada Joint Technical Working Group. This collaboration will continue and CIRNAC will ensure all First Nations and First Nation organizations have the opportunity to provide input into the policy development process.
• In 2020 and 2021, the AFN Chiefs-in-Assembly passed a number of resolutions outlining First Nation priorities for specific claims reform and calling for Canada to prioritize substantive, direct dialogue with First Nations on all aspects of specific claims policy and procedures, pointing to public commitments made to First Nations by the Prime Minister and members of Cabinet.

Current Status

What the Department is Doing

• There has been a notable acceleration in claims resolution since January 1, 2016, with about 35 claims resolved on average over the last five years compared to 15 or less in previous years. Several internal measures have been adopted to support a reconciliatory approach and to accelerate resolution, including the use of apology as part of settlements, more collaboration with First Nations through the assessment and negotiation process, the removal of a requirement that the Minister have an OIC to sign claims over $50 million and an increase in the Minister’s mandating authority from $50 million to $150 million. These measures help increase the pace of resolution.
• In June 2022, Cabinet mandated the Minister of Crown-Indigenous relations to pursue co-development with First Nations to improve the Specific Claims Program and the claims resolution process. This mandate includes the co-development of a reformed specific claims resolution process, including the establishment of an independent body to administer and oversee key aspects of the process and to provide services to assist the parties in resolving claims (e.g., mediation).
• An Implementation Working Group has been established with the Assembly of First Nations to lead the co-development of a Specific Claims Resolution Centre.
• A return to Cabinet is anticipated in 2023 with a detailed, co-developed proposal for specific claims reforms, including: costing for both the Centre and CIRNAC based on their updated roles; drafting instructions for legislative amendments; and an implementation plan, including the transfer of functions and necessary program resources to the Centre.

Key Messages

• Advancing Indigenous self-determination and economic reconciliation for Indigenous communities are key priorities for the Government of Canada.
• Sustainable economic development is also facilitated by Indigenous communities developing strong institutions that can support and sustain social and economic growth. The Government is committed to supporting existing institutions and working with Indigenous partners to co-develop options for new institutions where gaps exist, such as the proposed establishment of a First Nations-led infrastructure institution.

Proposed amendments to the First Nations Fiscal Management Act

• The First Nations Fiscal Management Act (FNFMA) is a highly successful First Nation led regime that contributes to the advancement of these priorities and is supported by three First Nation institutions, the First Nations Financial Management Board, the First Nations Tax Commission and the First Nations Finance Authority.
• The Department is working in close collaboration with the FNFMA institutions, the First Nations Infrastructure Institute (FNII) Development Board, Indigenous Services Canada and the Department of Justice, to advance amendments to the Act that will expand the mandates of the institutions so that they can provide additional services to First Nations, improve and enhance the efficient operation of the regime, and establish a new national infrastructure institute under the Act.

An Act to Enact the Framework Agreement of First Nation Land Management Act

• The Government of Canada, in partnership with the Lands Advisory Board, is working to repeal and replace the First Nations Land Management Act with shorter, simpler legislation to better respect the central importance of the nation-to-nation Framework Agreement on First Nation Land Management it ratifies.

Additions to Reserve

• CIRNAC is supporting Indigenous-led engagement across Canada to co-develop policy options to address the long-standing issues in the Additions to Reserve policy. Canada is committed to supporting transformative change to the Additions to Reserve policy through Indigenous-led engagement and has no pre-determined ideas of this new policy. CIRNAC is currently building partnerships in all regions through preliminary discussions and are committed to move at the pace of our partners. Discussions have picked up in the Fall and CIRNAC is aiming to support Indigenous-led engagement plans in the coming months.

First Nations Without Reserve Lands and/or Recognition

• CIRNAC established a sub-committee with the Assembly of First Nations and ISC to discuss issues and barriers facing First Nations without reserve land and/or recognition under the Indian Act as a foundation for future work to address identified barriers these First Nations face. Continued partnerships with the AFN and ISC will be integral in moving forward with possible solutions.

Strategic Reform on First Nation Citizenship

• For years, First Nations have been clear that they should be in full control over the determination of their own people without being subject to registration and membership provisions of the colonial, and discriminatory Indian Act.
• Steps are being taken towards implementation of the United Nations Declaration to allow First Nations to determine their own identity or membership in accordance with their customs and traditions (article 33), and to participate in decision-making in such matters (article 18), as well as fulfilling mandate commitments for anti-racism, self-determination, reconciliation and moving away from the Indian Act through strategic reform on First Nation Citizenship.

Background

Proposed amendments to the First Nations Fiscal Management Act

• Long standing capacity, infrastructure, jurisdictional, institutional and regulatory gaps faced by Indigenous communities must be addressed to ensure that First Nations can fully participate and strive within the Canadian economy.
• The FNFMA is an opt-in legislation under which 342 First Nations are currently exercising their jurisdiction over financial management, property taxation, local revenue generation, and financing of infrastructure and socio-economic development projects through the issuance of bonds on capital markets.
• The legislation created 3 First Nations-led institutions under the Act: the First Nations Financial Management Board, the First Nations Finance Authority and the First Nations Tax Commission.
• The Department is working in close collaboration with Indigenous Services Canada, the First Nations Fiscal Management Act (FNFMA) institutions and the First Nations Infrastructure Institute (FNII) Development Board on proposed amendments to the Act that will improve and enhance the efficient operation of the legislation, its institutions, its regime and establish a national infrastructure institute (the FNII) under the Act.
• The FNII would be establish as a center of infrastructure excellence, information, standards, best practices, innovation that would offer infrastructure-specific capacity building, knowledge transfer, support and law review services to assist communities exercising jurisdiction over their infrastructure.

An Act to Enact the Framework Agreement of First Nation Land Management Act

• In 2019, officials from CIRNAC, the Lands Advisory Board, and the Department of Justice began work to replace the First Nations Land Management Act with co-developed legislation to situate the Framework Agreement as the central authority through which First Nations transition away from the lands management provisions of the Indian Act. This initiative received support from First Nations at the Lands Advisory Boards’ 2019, 2020 and 2021 annual general meetings.

Additions to Reserve

• Budget 2021 allocated $43 million over three years to work with Indigenous partners to redesign the federal Additions to Reserve Policy and to accelerate work on existing proposals. Of this, $10.8 million was for the CIRNAC-led policy redesign, and $32.2 million for ISC-led acceleration of existing additions to reserve proposals.
• The Additions to Reserve roles and responsibilities are shared between Crown-Indigenous Relations and ISC. The Minister of Crown-Indigenous Relations is responsible for the Addition of Lands to Reserves and Reserve Creation Act (ALRRCA) and the First Nations Land Management Act (FNLMA). ISC is responsible for the administration of the Additions to Reserve process in accordance with the policy.
• Indigenous-led engagement plans will inform the Additions to Reserve policy redesign process with the objective of co-developing policy options to address the long-standing issues in the Additions to Reserve policy.

First Nations Without Reserve Lands and/or Recognition

• Originally submitted as a separate proposal by the Assembly of First Nations, CIRNAC established a work plan for a sub-committee to the broader Additions to Reserve table to discuss issues and barriers facing First Nations without reserve land and/or recognition under the Indian Act. This work will be used to feed into possible solutions to address barriers and/or update existing processes, polices or mechanisms to facilitate obtaining reserve lands and/or recognition.

Strategic Reform on First Nation Citizenship

• Since 1951, the Federal Government has had the sole responsibility for defining who is eligible for Indian status under the Indian Act, making Status Indians the only people in the country who are numbered and counted on a race-based registry controlled by the Government.
• For years, First Nations have been clear that they want to be in full control over the identification and determination of who their own people are (First Nation citizenship). Having control over this essential aspect of their identity is seen as a fundamental element of their nationhood.
• To fully implement the United Nations Declaration, a long overdue shift is needed to advance First Nations’ self-determination by moving away from Indian Act registration and membership to self-determined First Nation citizenship. This will take time, funding, and comprehensive consultation and co-development with Indigenous, federal, and provincial partners.

Current Status

Proposed amendments to the First Nations Fiscal Management Act

• The Department, based on the co-development of proposed enhancements to the FNFMA with the institutions, the FNII Development Board and Indigenous Services Canada, is currently drafting, with the Department of Justice, amendments to the FNFMA that would provide additional regulatory powers and tools to ensure compliance with First Nation local revenue laws, modernize and broaden the mandates of the institutions, improve the operation of the regime and institutions, and establish a fourth national institution for infrastructure (the FNII) under the Act.

An Act to Enact the Framework Agreement of First Nation Land Management Act

• CIRNAC worked with the Lands Advisory Board to co-develop the draft proposed draft legislation to replace the First Nations Land Management Act. A consultation draft was shared with signatory First Nations at a special meeting in March 2022, recommending its introduction at the earliest opportunity. Opportunities for introduction are currently being explored.

Additions to Reserve

• CIRNAC is currently holding preliminary discussions with First Nation communities, Indigenous lands organizations, regional and national Indigenous organizations, and other government departments. Discussions are occurring at all levels, at different paces, and across different timelines. To date, CIRNAC has visited ten communities, eight Indigenous organizations, and met with five regional lands organizations.
• Recognizing that transparency is fundamental to co-developed solutions, CIRNAC is building resources, tools, and analyzing metrics to support engagement.
• CIRNAC will be launching a Call for Proposals in coming months to support Indigenous-led engagement plans through 2022-2023 to 2023-2024. It is expected that the engagement will start in the upcoming months.

First Nations Without Reserve Lands and/or Recognition

• Work is being undertaken to identify existing processes, policies or mechanisms that First Nations could use to seek reserve land and/or recognition under the Indian Act, and for the AFN to conduct engagement with those First Nations that are currently facing barriers to move ahead.

Strategic Reform on First Nation Citizenship

• CIRNAC officials are working towards a plan for a full systemic shift that would involve an Indigenous-led, engagement and a co-developed approach leading to alternatives to the membership and registration provisions of the Indian Act. Planning and work to seek funding and authorities to move forward with a strategic reform to First Nation citizenship are underway to begin work in the 2023-24 fiscal year.

Key Messages

• In recognition of the government-to-government, nation-to-nation, and Inuit-Crown relationships, CIRNAC continues to work with modern treaty partners to ensure that modern treaties reflect advancements in the law, changes in federal policies, recommendations from review processes, and contemporary contexts.
• These efforts include work to support the evolution of modern treaties through negotiated amendments to these agreements.

Background

Recognition and predictability

• One of the original objectives of modern treaties was to achieve "certainty" respecting ownership, use and management of lands and resources, as well as clarity around rights, responsibilities, and liabilities.
• Many modern treaty partners surrendered or agreed to modify their section 35 Aboriginal rights, in exchange for defined section 35 rights articulated in their treaty.
• Amendments to modern treaties, to reflect the advancements in law, policies, and contemporary contexts, require the approval from the signatory provincial and territorial government and from the modern treaty partner.

Section 87

• Since the mid-1990s, Finance Canada’s modern treaty negotiation mandate has required prospective modern treaty signatories to phase out section 87, for individuals registered under the Indian Act, in order to enter a modern treaty.
• Since 2016, Finance Canada has been engaging with Indigenous Governments and provincial/territorial officials to explore options for reforming how section 87 of the Indian Act is addressed in modern treaties.
• In July 2022, Canada announced its new policy approach to Indigenous tax policy and Finance Canada began engaging with individual modern treaty partners to implement section 87 amendments.

Current Status

What the Department is doing

• Going forward, Canada will continue to follow the lead of modern treaty partners in determining the pace and sequence of desired treaty amendments, including information sharing on new authorities and approaches related to amending processes.
• Treaty amendments will be pursued individually with Indigenous partners as and when they are prepared to do so, in accordance with the procedures for amendment that are included in each distinct, constitutionally protected modern treaty.