Latest Anishinabek Nation UNDRIP engagement session explores social issues

ANISHINABEK NATION TERRITORY— The Anishinabek Nation Legal Department continues to host its United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) Act virtual engagement sessions with the second in the series held on July 26.

Anishinabek First Nations leaders and citizens were invited to participate in the Waawaashkesh (Deer) Dodem (clan) session exploring themes about UNDRIP and discussing priorities including but not limited to Social Development, Child Well-Being, Child Welfare, and other social issues.

An introduction to UNDRIP was discussed and then the Waawaashkesh (Deer) Dodem session was led by Leanna Farr, Anishinabek Nation’s Legal Counsel. The roles and responsibilities of the Waawaashkesh (Deer) Dodem were discussed, including an explanation on how the dodem is guided by matriarchs within the community. It was noted that social matters involve a wide range of intersecting issues such as poverty and homelessness, child welfare, social assistance and unemployment, domestic violence, gender equality, and many others to name a few. Traditionally speaking, Anishinabek Nation First Nations’ overall community wellness is acquired through ceremony and social activities that bring the communities together in positive social ways.

Participants brought forth concerns about how First Nation children who require specialized services (i.e., autism, trauma, Fetal Alcohol Spectrum Disorders, addictions, mental health, etc.) are experiencing challenges and barriers to receiving these services, despite Jordan’s Principle being implemented since 2016. There were also noted concerns for First Nation youth who are transitioning out of childcare without support to reconnect youth to their First Nation or culture. A participant also suggested that there should be more focus on alternative prevention services that keep children safe and connected with families and their First Nation. For example, too often Indigenous children are removed from their homes due to cited issues of neglect; however, neglect is deeply rooted and stems from poverty. Rather than address the root of the problem, a child is removed from their home, thus creating additional challenges for the child, family, and social systems. There is a need to update how child welfare investigations are utilizing neglect and poverty as a means to remove and apprehend children and not providing preventative services to help address the root of these matters. It is a temporary solution with long-lasting, often times permanent, effects. There has also been numerous mentions of funding discrepancies between “on-reserve” and “off-reserve” members and how the funding discrepancies create division and conflict. Other issues noted include the fact that Ontario ordered an end to birth alerts, which greatly target Indigenous demographics, yet recent news indicates that birth alerts are still taking place, even after two years of being mandated to cease.

First Nation child welfare matters throughout Canada has been changing and evolving over time and as Anishinabek First Nations continue to move forward and utilize the UNDRIP Act, there will be continuous change and positive movement. Presently, Canada’s new UNDRIP legislation (Bill C-15) is already being implemented throughout many other federal and provincial laws, particularly where social matters such as child welfare are concerned. For example, in 2018 the province of Ontario enacted the Child, Youth and Family Services Act (CYFSA). CYFSA references UNDRIP and the United Nations Convention on the Rights of the Child in its Preamble and Part II regarding rights of children receiving services and the rights of children in care. On June 21, 2019, Bill C-92: An Act respecting First Nations, Inuit and Métis children, youth and their families, received Royal Assent. This Preamble and Purpose of this new federal Indigenous child welfare legislation also speaks to Canada’s commitment to implementing UNDRIP within its laws. Although child welfare has mainly been a matter addressed through provincial jurisdiction, federal funding has been involved and discrimination and inequities in federal funding for child and family services on-reserve have been recognized by the Canadian Human Rights Tribunal in the Caring Society v. Canada case. Long-term reform of the federal First Nation Child and Family Services funding and Jordan’s Principle has been ordered by the Tribunal and negotiations for final settlement of these matters is currently underway.

The Anishinabek Nation encourages Anishinabek Nation First Nations leadership, staff, and citizens to assist in embarking on changing Indigenous history and paving a way forward towards improving the road ahead for future generations. Citizens are welcome to attend the upcoming virtual sessions to bring forward critical feedback and/or matters as they relate to the key aspects of UNDRIP. The Anishinabek Nation will be gathering all feedback provided on what Anishinabek would like to see in Canada’s 10-year action plan and what changes need to happen within federal legislation over the next decade. A report will be submitted to the federal government outlining feedback and identifying priorities of needed federal legislative change.

The next virtual engagement session will be hosted on August 10, featuring the Migizii (Eagle) Dodem, which involves discussions about education, culture and language, and other issues.

Other upcoming sessions include:

• August 24, 2022: Ajijaak (Crane) Dodem – Family Relations, Matrimonial Real Property (MRP), and Youth;
• September 7, 2022: Shiikenh (Turtle) Dodem – Justice, and Criminal Law;
• September 21, 2022: Maang (Loon) Dodem – Equality and Discrimination, Wills and Estates, Employment and Labour, Human Rights; and
• October 5, 2022: Mukwaa (Bear) Dodem – Health, Policing, Military, and other issues.

If you or anyone from your First Nation would like to participate in these sessions or would like to request a separate session, please contact Anishinabek Nation’s Justice Manager Kristy Jones: kristy.jones@anishinabek.ca. Virtual engagement sessions registration available here.