NationTalk – A coalition of First Nations is escalating its efforts to receive potentially life-saving COVID-19 information from the BC Ministry of Health, by applying to the Information and Privacy Commissioner for an order to disclose proximate case information about the location (not personal identity) of confirmed and presumptive COVID-19 cases near their communities. The application, which was filed by the Heiltsuk Nation, Nuu-chah-nulth Tribal Council and Tsilhqot’in National Government, is supported by several other First Nations, civil society groups, and doctors. A public campaign (https://keepsafecampaign.com) has been launched with LeadNow, asking British Columbians to call on the government to release the information.

The nations have filed their application on the basis that the BC government’s refusal to share information violates Section 25 of the Freedom of Information and Protection of Privacy Act (FIPPA), which states that a Minister “must” disclose information about a risk of significant harm to an affected group of people. The nations also contend in their application that BC’s own Declaration on the Rights of Indigenous Peoples Act (DRIPA) requires that government “must take all measures necessary” to ensure the laws of BC are consistent with the UN Declaration on the Rights of Indigenous people (UNDRIP), which includes rights to self-determination, self-government and to develop and determine programs for maintaining the health and well-being of Indigenous people.