Indigenous Watchdog Status Update: Nov. 9, 2020 Part 1 - Current Problems and Issues

“Part 2 Status Updates – Calls to Actions” will be released on the weekend

Indigenous Watchdog was officially launched on Feb. 25, 2020. Since then there have been 4 Status Update reports that have identified and documented 277 specific updates across all “Themes” and “Calls to Action“. Of those, the greatest percentage (52%) have to do with “Current Problems and Issues” – specific actions by various governments, organizations, business etc. that perpetuate fundamental roadblocks to reconciliation.

Section	Apr. 21	June 15	Aug. 17	Nov. 9	Total	%
Current Reality	7	4	1	6	18	7%
Current problems and Issues	22	30	28	65	145	52%
Legacy Calls to Action	17	13	15	30	75	27%
Reconciliation Calls to Action	7	7	6	19	39	14%
TOTAL	53	54	50	120	277	100

Jan. 11, 2020 – minor revisions to some numbers in table to be consistent with subsequent reports

Of those 145 fundamental roadblocks fully 79% deal with deep-rooted systemic issues of racism and discrimination in Indigenous Health (20%), Indigenous Justice (39%) and Aboriginal Rights and Treaty and Indigenous Laws and Legal Traditions (42%).

Sections	Apr. 21	June 15	Aug. 17	Nov. 9	Total	%
Health	–	7	4	12	23	20%
Justice	11	10	7	17	45	39%
UNDRIP	2	5	4	14	25	22%
Royal Proclamation	–	5	4	14	23	20%
TOTAL	13	27	19	57	116	100%

Total Indigenous Watchdog Status Updates: April, 2020 – November, 2020

What does that mean?

The undeniable crisis in Indigenous Health and Justice is so well entrenched, so visible, and so pervasive that those accountable for Indigenous health and justice outcomes can no longer ignore the issue(s). The broader Canadian population is demanding action and governments, institutions, associations and organizations are responding to pressure to fix the underlying problems. For example:

The Quebec government is investing $15M in culturally safe policies and programs in Indigenous health care after the death of Joyce Echaquan (November)
City of Montreal has released their “Reconciliation Strategy with Indigenous People” (November)
Federal government is expediting work to co-develop distinctions-based Indigenous health legislation (September)
Canadian Nurses Association emphasize need for ‘Mandatory” cultural competency and humility training for healthcare professions (October)
Bill 53, an “Act to Amend the RCMP Agreement Act” introduced in Nunavut for independent investigations into police-involved civilian injuries or deaths (October)
RCMP Civilian Review and Complaints Commission has initiated a complaint into the conduct of RCMP officers in Nunavut (August)
Federation of Law Societies of Canada unanimously approves recommendations that chart path towards reconciliation (August)
Add to this the investigations into provincial, territory and municipal policing in Vancouver, Montreal, Winnipeg, Toronto, Thunder Bay and Quebec and the RCMP in BC, Alberta, New Brunswick and Nunavut

The above are all significant advances on the road to reconciliation. The problem, however , continues to be the intransigence in most levels of government to address the issues of Aboriginal Rights and Title and Indigenous laws and legal traditions. In the last three months alone, the following actions in 9 jurisdictions across Canada highlight how far reconciliation still has to go.

Lac Seul First Nations in Ontario suing federal government for flooding ancestral lands with no compensation while they made millions in profit
RCMP removing Wet’suwet’en women conducting ceremony on traditional lands in BC at request of Coastal GasLink
Ancinape Nation in Quebec calling for moratorium on moose hunting on its un-ceded ancestral territory
Innu Nation in Labrador suing Hydro-Quebec for damages relating to Churchill Falls hydro project
Six Wolastoqey Nations in New Brunswick launch lawsuit to recognize their Aboriginal title lands dating from Peace and Friendship Treaties
New Brunswick premier sacks Minister of Aboriginal Services for pushing for a public inquiry into systemic racism and eliminates Aboriginal Affairs as a distinct cabinet role as First Nations launch a lawsuit on their Aboriginal Rights and Title
Quebec’s Bill 66 ignores economic issues identified by First Nations
Supreme Court hearing case arguing that Indigenous constitutional orders are distinct but equal to Euro-Canadian laws (Manitoba)
Federal Government for refusing to define Moderate Living Fishing and Nova Scotia government for failure to uphold rule of law
Haudenosaunee Land Protectors in Ontario protest housing development at 1492 Land Back Lane on un-ceded territory that is part of an unsettled land claim
Government of Saskatchewan doesn’t recognize Métis Aboriginal title to land and resources
Government of Alberta continued refusal to acknowledge and accept Aboriginal Rights and Title
Ontario’s omnibus Bill 197 “COVID_19 Economic Recovery Act” rejected by Matawa Chiefs Council and Mushkegowuk Council
Erin O’Toole, new leader of the Conservative Party of Canada is firmly opposed to UNDRIP. Ontario and Quebec have also reversed earlier positions

Add to the above the following from preceding months:

Muskrat Falls Inquiry in Newfoundland and Labrador conclude that the government and Nalcor did not consult with First Nations and Innu in good faith (July)
Ontario government using COVID-19 to sabotage Duty to Consult First Nations on resource development in Ring of Fire (May)
Resumption on mining in Nunavik in Quebec over objections of Inuit (April)
Ontario appeals Robinson-Huron and Robinson Superior Treaties court decision around “Annuities: claims (July)
Ontario’s omnibus Bill 197 “COVID-19 Economic Recovery Act” fast-tracks approval for resource extraction industries that override Indigenous treaty rights (July)
Premier of Manitoba states UNDRIP should not be passed (March)
Supreme Court refuses to hear Trans Mountain Pipeline appeal BC (July)
Premier of Manitoba ignores contributions of Métis and First Nations in speech on 150th anniversary of Manitoba entering Confederation (Mar.)
Premier of Alberta continues to deny Aboriginal Rights and Title (Sept,)

Only the three territories don’t seem to have the same issues as the 10 federal and provincial jurisdictions identified above. They also have the largest Indigenous populations in Canada: Nunavut (86%), NWT (51%) and Yukon (23%). Yukon also has already signed land claim and self-government treaties with 11 of the 14 First Nations. Based on the above, reconciliation seems to be advancing slowly in most areas except the core areas of Aboriginal Rights and Title and Indigenous laws and legal traditions. Perhaps the federal and provincial governments should listen more closely to the legal arguments of the Supreme Court who recognize that there is significant legitimacy to Indigenous claims.

The tables below identify:

Impacted Theme
Where content is located within the theme
Summary description of over-all content

Child Welfare

Child Welfare Home Page

Current Problems and Issues in Child Welfare

Federal Government cuts off funding for Jordan’s Principle child for being too expensive and has so far refused to provide budget guidance to the family to find less expensive options for her complex medical treatment

Nov. 5, 2020 – Indigenous Services Canada has so far refused to provide budget guidance to the family to find less expensive options for her complex medical treatment

Child Welfare Home Page

Current Problems and Issues in Child Welfare

Update to Manitoba Bill 34 “Budget Implementation and Tax Statutes Amendment Act” that denies First Nations and children access to justice

Oct. 7, 2020 – Bill 34 retroactively legalizes Manitoba’s actions since January 1, 2005 in clawing back $338M in federal Children’s Special Allowance as well as takes away the right to any reparations for the children and families affected by the practice.
Nov. 6, 2020 – Bill 2 “Budget Implementation and Tax Statutes Amendment Act” was passed into law effectively preventing First Nations from challenging the government’s clawback in court
Nov. 9, 2020 – A group of 19 Indigenous child and family agencies and Authorities and the Southern Chiefs Organization are filing a constitutional legal challenge against Manitoba’s Bill 2.

Child Welfare Home Page

Current Problems and Issues in Child Welfare

Jordan’s Principle jurisdictional issues between federal government and provincial government of Manitoba

Sept. 16, 2020 – Manitoba seeks judicial review of a Manitoba Human Rights Commission decision to award damages to a First Nations family for systemic racism and denial of access to health care in order to provide clarity to the legal obligations of federal and provincial governments around Jordan’s Principle

Education

Education Home Page

Current Problems and Issues in Indigenous Education

Open Letter to University of Saskatchewan demanding more respect for Indigenous knowledge and faculty in the college of education

Sept. 13, 2020 – More than 200 people including current and former faculty, alumni and others have signed an open letter following revelations that at least nine Indigenous faculty, as well as other senior Indigenous staff, have recently departed the U of S in frustration. It refers to a “toxic culture” and “climate of fear” inside the college

Language and Culture

Language and Culture Home Page

Current Problems and Issues in Language and Culture

Nunavut Tunngavik Incorporated (NTI) calls on the Legislative Assembly to reject Bill 25, “An Act to Amend the Education Act and the Inuit Language Protection Act”

Nov. 4, 2020 – Bill 25 fails to incorporate recommendations for the protection of Inuktitut throughout the school system and government workplace from NTI, the Coalition of Nunavut District Education Authorities (CNDEA), the Office of the Languages Commissioner and the Nunavut Teachers’ Association.

Health

Health Home Page

Current Problems and Issues in Indigenous Health

Developing culturally safe health policies and programs that will remake an inherently racist system (Policy Options)

Nov. 2, 2020 – Recommendations to make substantial changes to Canada’s health policies and legislations to create a culturally safe place for Indigenous health

Health Home Page

Current Problems and Issues in Indigenous Health

First Nations in Manitoba at risk with rapid expansion of COVID-19 cases and failed response of provincial government to contain the spread

Nov. 2, 2020 – Southern Chiefs Organization makes urgent appeal to all levels of government for increased funding and resources to contain COVID-19. As of October 31, 2020, 26 First Nation communities across Canada have reported two or more active cases with 17 of them located in Manitoba which also was the hardest hit during the H1N1 pandemic

Health Home Page

Current Problems and Issues in Indigenous Health

COVID-19 outbreak at Keeyask Hydro dam construction site puts First Nations at risk

Nov. 2, 2020 – Since Oct. 22, almost 10% of the workforce of 750 is now in isolation. Manitoba Hydro has staff working at the site from various parts of Canada, including a current COVID-19 hotspot—Winnipeg.

Health Home Page

Current Problems and Issues in Indigenous Health

Assembly of First Nations’ recommendations to eliminate systemic racism in Indigenous health care

Oct. 16, 2020 – At the emergency meeting on racism within Canada’s health care system AFN National Chief Perry Bellegarde stated “Joyce Echaquan ‘s tragic death must lead to positive systemic change”

Health Home Page

Current Problems and Issues in Indigenous Health

Canada Health Act fails the health needs of Inuit women and girls

Oct. 15, 2020: In a national meeting to address racism in the healthcare system on Oct. 16, President Kudloo of the Pauktuutit Women of Canada will table recommendations to address racism experienced by Inuit women and children in the healthcare system and highlight the role systemic racism plays in health determinants for Inuit women which lead to poorer health outcomes, relative to other women in Canada.

Health Home Page

Current Problems and Issues in Indigenous Health

Systemic racism in Quebec healthcare system

Sept. 30, 2020 – Death of Joyce Echaquan, a 37 year-old Atikamekw woman, while experiencing deeply entrenched systemic racism at a Joliette, Quebec hospital as validated by the Viens Commission
Nov. 6, 2020 – Government of Quebec invests $15M to implement targeted actions to enhance cultural safety for members of First Nations and Inuit in the health and social services sector.

Health Home Page

Current Problems and Issues in Indigenous Health

Indigenous coalition asks Information and Privacy Commissioner to order the BC Government to release proximate COVID-19 information

Sept. 15, 2020 – The application is supported by several First Nations, civil society groups, and doctors for the government to release proximate case information on the location (not the identity) of confirmed and presumptive COVID-19 cases near their communities

Health Home Page

Current Problems and Issues in Indigenous Health

Manitoba Métis Federation (MMF) sues government of Manitoba over COVID-19 data sharing agreement that ignores Métis citizenship criteria

Sept. 11, 2020 – MMF filed a complaint with the Manitoba Human Rights Commission claiming systemic discrimination by the Manitoba Government throughout the COVID-19 pandemic by refusing to use the MMF citizenship criteria to identify Métis COVID-19 victims

Health Home Page

Current Problems and Issues in Indigenous Health

Release of Unicef Report Card on Child Well-Being

Sept. 8, 2020 – Release of Unicef “Innocenti Report Card 16: Worlds of Influence – Understanding What Shapes Child Well-being in Rich Countries” where Canada placed in the bottom 10 of 38 countries. Experts attribute this to the poor health outcomes of Indigenous kids

Health – Drinking Water Advisories

Health: Drinking Water Advisories Home Page

Current Problems and Issues in Drinking Water Advisories

State-of-emergency over drinking water crisis in Neskantaga First Nation

Oct. 22, 2020 – State of Emergency declared by the remote community in northern Ontario as immediate heath threats from the broken water system has forced the community to evacuate its members. Indigenous Services Canada has refused to acknowledge the severity of the situation and classify it as a public health crisis. Naskantaga has not had safe drinking water since 1995 – 25 years!

Health – Food Insecurity

Health: Food Insecurity Home Page

Current Problems and Issues in Indigenous Food Insecurity

Human Rights Watch releases “My fear is Losing Everything” Climate Crisis and First Nations’ Right to Food in Canada.

Oct. 21, 2020 – The report details how longer and more intense forest fire seasons, permafrost degradation, volatile weather patterns and increased levels of precipitation are all affecting wildlife habitat and, in turn, harvesting efforts. The report also found that climate change is driving up prices for less-nutritious, store-bought alternatives that need to be brought in from the south.

Health: Food Insecurity Home Page

Current Problems and Issues in Indigenous Food Insecurity

Community Food Centres (CFC) releases “Beyond Hunger – The Hidden Impacts of Food Insecurity”

Sept. 29, 2020 – “Beyond Hunger” illustrates that food insecurity is about equity and income. “We urgently need a national solution that goes beyond emergency food assistance. We need a solution founded in solid policy that addresses inadequate social programs, systemic racism and precarious employment.”

Justice

Justice Home Page

Current Problems and Issues in Indigenous Justice

Updates to random street checks in Montreal targeting Indigenous people (Oct. 8, 2019) and to systemic racism in Montreal policing (June 20, 2020)

Nov. 4, 2020 – The Assembly of First Nations Quebec-Labrador (AFNQL) welcomes the announcement by the City of Montreal which today unveiled its Reconciliation Strategy with Indigenous peoples

Justice Home Page

Current Problems and Issues in Indigenous Justice

AFN National Chief calls for sweeping changes to the RCMP

Oct. 27, 2020 – Perry Bellegarde identified nine specific expectations First Nations chiefs have of the federal government in the wake of multiple incidents across Canada where Indigenous peoples were put at risk due to the actions and inactions of the RCMP

Justice Home Page

Current Problems and Issues in Justice

Update to Inuit call for RCMP to end systemic violence across Inuit Nunangat on June 5, 2020

Oct. 26, 2020 – Bill 53, an “Act to Amend the Royal Canadian Mounted Police Agreement Act“, received its first reading in the legislative assembly on Thursday, Oct. 22. The new bill adds provisions to allow independent investigations to look into police-involved civilian injuries or deaths in the territory and the terms to create such a body.

Justice Home Page

Current Problems and Issues in Justice

Coastal GasLink called in the RCMP to remove a group of Wet’suwet’en women and community members who are holding ceremony at a proposed drill site for Coastal Gaslink’s pipeline.

Oct. 13, 2020 – Indigenous land defenders and community members cannot be criminalized and targeted for asserting their Title and Rights and conducting ceremonial and cultural traditions; this stands in acute opposition to the provincial government’s obligations under the Declaration on the Rights of Indigenous Peoples Act.

Justice Home Page

Current Problems and Issues in Indigenous Justice

Assembly of Fist Nations Quebec-Labrador (AFNQL) update to government of Quebec’s Action Plan to review systemic racism in Quebec (Aug, 12, 2020)

Sept. 30, 2020 – AFNQL released its “Action Plan on Racism and Discrimination: Engaging with First Nations Against Racism and Discrimination” identifies 39 Recommendations and 141 specific actions that the following groups can undertake to advance reconciliation across all aspects of life in Quebec:

Justice Home Page

Current Problems and Issues in Indigenous Justice

Update to Viens Commission Final Report submitted on Sept. 29, 2019

Sept. 29-30, 2020 – The government is pleased to announce that out of 142 calls for action, 51 of direct concern to it are already under discussion, completed or on the way to completion….

Justice Home Page

Current Problems and Issues in Indigenous Justice

Indigenous Police Forces only police force in Canada not classified as an essential service

Sept. 27, 2020 – Federal government has promised four times “to speed up the development of a legal framework to recognize First Nations policing as an essential service”. None of the First Nations policing services or their police boards have been consulted on what legislation needs to include….The government also hasn’t approached the leaders of the Indigenous communities on the issue yet.”

Justice Home Page

Current Problems and Issues in Indigenous Justice

The federal government argued that Indigenous women and girls and 2SLGBTQQIA people do not face a “special threat from a special source” and are not unique victims of criminal violence.

Sept. 25, 2020 – Arguments used against certification of a $600M class-action lawsuit for families of MMIWG’s. The National inquiry into MMIWG found that Indigenous women and girls are 12 times more likely to go missing or be murdered than non-Indigenous women and girls. It also revealed that Indigenous women make up twenty-four percent of all female homicide victims in Canada, yet they only made up four percent of the total population.

Justice Home Page

Current Problems and Issues in Indigenous Justice

The Supreme Court of Canada will hear arguments that First Nation constitutional orders are distinct but equal to Euro-Canadian laws

Sept. 21, 2020 – Neither the federal nor provincial governments acknowledge the existence of First Nations laws. The Assembly of Manitoba Chiefs will argue “First Nations people and laws have always been here…Our First Nations laws constitute Canada’s first constitutional order, alongside the French Civil Law and English Common Law. This is a constitutional debate that must acknowledge our nation-to-nation relationships and help frame reconciliation.” AMC Grand Chief Arlen Dumas

Justice Home Page

Current Problems and Issues in Justice

Reduction of second degree murder charges to manslaughter and aggravated assault for the death of 34-year old Barbara Kentner

Sept. 18, 2020 – The question to consider is “Why does a violent crime resulting in the death of an Indigenous women merit a reduction of a second degree murder charge to one of manslaughter?” If throwing a trailer hitch from a moving car at a person is not an “extreme reckless disregard for human life” then what is?

Justice Home Page

Current Problems and Issues in Justice

Update to “Lack of Women’s shelters” in Inuit Nunangat… on June 2, 2020

Sept. 14, 2020 – Inuit communities are not eligible to access funding for shelters through the federal government’s Family Violence Prevention Program for Indigenous women, children and families. Pauktuutit Inuit Women of Canada reiterated its shelter ask as an urgent priority along with two recommendations

Justice Home Page

Current Problems and Issues in Justice

Increasing arrests of Indigenous journalists at protests across the country

Sept. 10, 2020 – Brent Jolly, the President of the Canadian Association of Journalists, condemned the arrest of Karl Dockstader stating:
“The OPP are well aware that journalists have an established constitutional right to be present and cover matters of public interest,” he said. “Attempting to prevent a properly credentialed journalist from documenting a moment of contentious action is impermissible in a country like Canada. Journalism should never be silenced.”

Justice Home Page

Current Problems and Issues in Justice

Update to “AFN calls for investigation into New Brunswick killings of Indigenous people”

Sept. 9. 2020 – The six Chiefs of the Wolastoqey Nation had not received a reply to their numerous requests to the ruling Conservative Party and their coalition partners, the People’s Alliance, to a 12 question survey asking about their approach to Indigenous priorities including systemic racism and police violence. The Liberals, NDP and Greens all responded.
Sept. 20, 2020 – Premier Higgs has removed Jake Stewart from his position as Minister of Aboriginal Affairs and folded Aboriginal Affairs in with the duties and responsibilities of the Minister of Economic Development and Small Business, Minister responsible for Opportunities New Brunswick and Minister responsible for Immigration

Justice Home Page

Current Problems and Issues in Justice

The Ontario government continues to ignore some of the 100 recommendations from the Ipperwash inquiry 25 years ago

Sept. 7, 2020 – The Chiefs of Ontario call on the province to meaningfully look at the 100 recommendations as not a checklist, but as the basis for good relationships which must be continually revisited and acted upon. In the years since Ipperwash, little has fundamentally changed

Justice Home Page

Current Problems and Issues in Justice

Studies by the MacDonald-Laurier Institute (MLI) and CBC explore rise of systemic racism in policing in Canada

Aug. 30, 2020 – MLI’s “Systemic racism in policing in Canada and approaches to fixing it,” argues that the fault lies primarily with political leaders who set the framework conditions and constraints for the delivery of police services
July 23, 2020 – The CBC “Deadly Force” database (2000 – June, 2020) indicates that the RCMP are 3x more likely to use lethal force than other police forces in Canada. The CBC data found that 68 per cent of people killed in police encounters were suffering with some kind of mental illness, addiction or both.

Justice Home Page

Current Problems and Issues in Justice

Update to Toronto SIU Investigation into the death of Regis Korchinski-Paquet on May 28, 2020

Aug. 27, 2020 – Special Investigations Unit (SIU) concluded no criminal charges should be laid against any of the seven police officers in the death of Regis Korchinski-Paquet. The detailed report documented “systemic racism exists and continues to challenge the relationship between racialized communities and the institutions of our justice system”. The report also identified specific actions for the police to take.

Justice Home Page

Current Problems and Issues in Justice

Update to Inuit call for RCMP to end systemic violence across Inuit Nunangat on June 5, 2020

Aug. 18, 2020 – Chairperson of the RCMP Civilian Review and Complaints Commission (CRRC) has initiated a complaint into the conduct of RCMP members involved in an incident in Nunavut. RCMP appointed the Ottawa Police Service (OPS) to investigate and determine whether criminal charges should be laid. In addition, an RCMP internal Code of Conduct investigation into the actions of the officer is underway