Grassroots feedback from UNDRIP virtual sessions to drive recommended federal legislative changes

Brown bear breastfeeding cubs

ANISHINABEK NATION TERRITORY— The Anishinabek Nation Legal Department concludes its United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) Act virtual engagement sessions with the final sessions in the series held on October 5 and October 12.

Anishinabek First Nations leaders and citizens were invited to participate in the Maakwa (Bear) Dodem (clan) session exploring themes about UNDRIP and discussing priorities within Policing, Military, and Health.

The session started with an Introduction to UNDRIP and then Bellefeuille Head Law Partners LLP’s Legal Counsel Cathy Bellefeuille led the Maakwa Dodem session. Bellefeuille explained that the Bear Clan is responsible for protecting its people to ensure the safety and security of the gentler clans inside of the community. Maakwa Dodem members are also the medicine people as they know the healing ways of plants available to them. The responsibilities of the Bear Clan involve ensuring the safety of the community, confidentiality, maintaining boundaries, and the Circle Process for resolving issues the Bear Clan is responsible for. The Bear Clan serves as the guardian and protector of the community.

Participants engaged in discussion as Bellefeuille explained how First Nation Policing evolved and how there is currently a federal report where First Nations across the country are trying to make First Nation Policing recognized as an essential service. Presently, First Nation Policing is a program that started in 1991, and for years, Anishinabek Nation Chiefs have expressed that First Nation police services lack equitable funding to provide a full complement of policing services. First Nation police services are not able to provide officers with comparable salaries and benefits as their non-First Nation counterparts. Additionally, non-First Nation services often do not have the ability to enforce First Nation laws and by-laws and many lack the capacity to create unique cultural responses to deter incarceration and respond in matters that are culturally-sensitive. Many First Nation police services do not have enough officers to provide 24-hour/7 days a week services and are at higher risk of harm/violence as they are relegated to responding to calls for service alone. First Nation police services are subject to and enforce the same legislations, require the same minimum educational requirements, and attend the same Ontario Police College for training, yet funding has significant deficiencies and discrepancies, especially when compared to non-First Nation police services such as the Ontario Provincial Police and/or municipal police services.

Many issues were brought up when discussing health concerns including the evident gaps in First Nation healthcare. For example, certain mental illness medications for on-reserve individuals have been restricted and the reasoning to this is that these individuals need to try the other generic medications first. Other medications have also been restricted and lower-quality medications are prescribed first. Participants brought up incidents of mistreatment in emergency rooms, pharmacies, and when utilizing their Status Card for benefits. A lot of dentist offices will not take Status clients due to the length it takes to receive payments, amongst various reasons.

There has been a difficult history with all levels of government and First Nations whereby the latter face systemic discrimination and racism, power imbalances, and exclusion from decision-making that directly impacts or affects First Nations, which is evidenced through the numerous reports showing a failing government. As UNDRIP rolls out, participants raised many questions in disbelief: is UNDRIP really going to help us get equality? Is there a clause within UNDRIP where the government does not have to implement this? Are we ever going to be treated equally?

As discussions continued, participants brought up recent news articles where ambulance services refused to go into a First Nation to help a man who was overdosing or about the Indigenous woman pleading for her life and recording as hospital staff were insulting and mocking her. Although some hospitals have made agreements with local First Nations that allow for cultural services and practices, many hospitals have not. Participants mentioned that often times, family or relatives were not able to smudge or complete cedar baths for their kin. These cultural practices help families to remove negative feelings and allow for opening for positive prayers.

As our relatives in British Columbia move forward and implement UNDRIP as a strategy, it is seen as the first of its kind. The province not only implemented the UNDRIP Act federally, but also included provincial legislation. A recent announcement that the City of Vancouver passed the UNDRIP strategy, meaning the Act and its articles will be implemented in city laws and bylaws. The strategy recognizes and will identify parcels of land that are culturally, economically, and socially significant to the First Nations and return them. There is also an approach to identify options for revenue sharing via sharing property taxes with local First Nations. The Musqueam, Squamish, Tsleil-Waututh, and the City of Vancouver are making history and demonstrating positive and true reconciliation. This nation-to-nation collaboration is exemplary and other governments should take note of the work and consider how implementing UNDRIP within all levels of government will help to dismantle unintentional discrimination and racism, whether systemic or systematic.

The input and feedback from the Anishinabek Nation First Nations leadership, staff, and citizens during this series will assist in embarking on changing Indigenous history and paving a way forward towards improving the road ahead for future generations. The Anishinabek Nation Legal Department is presently drafting a Final Report including the feedback and recommended federal legislative changes for Canada to implement in its 10-year action plan in hopes of a better future for the Anishinabek Nation E’Dbendaagzijig. The 10-year Action Plan will be rolled out April 2023.