Chiefs grill ministers on major projects and child welfare failures at AFN assembly

Federal ministers were pressed for answers this week as chiefs and elders from across the country demanded accountability on two of the most contentious issues facing First Nations: the rush to develop major infrastructure projects without consent, and the federal government’s ongoing failure to uphold Jordan’s Principle in a way that protects Indigenous children.  The exchange unfolded at the Assembly of First Nations Special Chiefs Assembly taking place in Ottawa where leaders asked challenging questions of Indigenous Services Minister Mandy Gull-Masty, Crown-Indigenous Relations Minister Rebecca Alty and Finance Minister François-Philippe Champagne, over delays, broken promises, and bureaucratic indifference.    Chief seeks assurances on consent for major projects. “Will you commit to only proceeding with major projects after you have secured the consent of affected First Nations,” asked Chief Greg Sarazin of the Algonquins of Pikwakanagan First Nation, located 150 kilometres northwest of Ottawa in Ontario.  He also reminded them of the $58 billion infrastructure gap facing First Nations in Ontario, as co-documented by Indigenous Services Canada (ISC) and the Assembly of First Nation (AFN).  Alty responded by invoking the legal duty to consult and accommodate.  “Whether it’s through the Major Projects Office (MPO) or not, the government is legally required to consult and accommodate,” said Alty. “And during those consultations, the important thing is continuing to deepen those consultations when we run into issues.”  But she stopped short of committing to consent as a condition. The difference is that the courts have separated consultation and accommodation from actual consent, meaning if governments and industry provide information and address key concerns, development can proceed on First Nations lands, even if a First Nation says ‘no.’  Champagne offered a more aspirational tone. “I hope you see [the Major Projects Office] as a way to do better. I’ve seen many communities come to me saying now they’ll be owners — not just workers on the side, but true owners of projects. That’s what we’re trying to achieve.” There were also questions about why First Nations infrastructure won’t be included in the MPO in the hopes projects getting fast-tracked.  Gull-Masty clarified that First Nations infrastructure, like housing, roads and school buildings do not fall under the MPO because those projects are not funded by the federal government, but instead relies on private capital.  The idea behind the MPO, which was created under the controversial Bill-C5 or One Canadian Economy Law, was to fast track projects of “national importance” that will create new trade relationships moving Canada away from the troubled U.S. government. “This was set up to attract capital from private promoters,” she said. “For this investment strategy to succeed, it’s not only about attracting capital. It’s about social acceptability — consultation, accommodation, and ideally, participation from First Nations as promoters or partners.”   ‘There are far too many stories of children dying while they wait’  Chief Tabatha Bernard of Lennox Island First Nation in P.E.I., delivered a devastating assessment of Canada’s failure to fully implement Jordan’s Principle — the policy that is supposed to ensure First Nations children receive public services without delay or jurisdictional disputes.  “When Canada does Jordan’s Principle right, children graduate university and contribute to their communities,” she said. “When Canada gets it wrong, the consequences are tragic. Severely. There are far too many stories of children dying while they wait.” The Jordan’s Principle program has been a sore spot for First nations.  The program appeared to be misspending, by approving requests for things like modelling headshots, and the purchase of video game consoles. Under Gull-Masty’s predecessor, an operational bulletin cut back services in an attempt to get the program under financial control.  But some believe it went too far. Currently two cases are before the courts. One is a mother is seeking mould remediation for her home, another parent is seeking educational supports for an autistic child.  ISC minister will revisit application requirements under Jordan’s Principle ISC minister says feds compelled to negotiate child welfare reform deal that only includes Ontario “Will your government commit to fully implement the CHRT (Canadian Human Rights Tribunal) orders, and repeal the harmful operational bulletin that was created without consultation, and stop litigating against First Nations children in court?” asked Chief Bernard.  Minister Gull-Masty took responsibility for the way the federal government has managed Jordan’s Principle over the years.  “This bulletin was created to respond to use of Jordan’s Principle in a way that was at times unintended,” Gull-Masty said. “I did not want to make changes without input from the community.”  She said she had spent weeks consulting with leadership, frontline users, and departmental staff and that news changes based on consultations are coming soon. “ I’ve spent a number of weeks speaking to leadership, speaking to the users of the program, speaking to the employees that implement that program to ensure that when I make change to the operational bulletin it is not going to further create pressure on the families that make use of it. I’m excited that we will soon be making announcements on what that change looks like,” she said.  Gull-Masty also addressed a question of child welfare reform. In Ontario chiefs decided to accept a settlement agreement, but that agreement was rejected by chiefs in other provinces and territories. The hold outs have formed the National Children’s Chiefs Commission (NCCC), to pursue a separate deal. Gull-Masty said she has met with individuals on the NCCC and while she has not met with the body as a whole yet, but added “ it’s important for us to do that work. And I’m looking forward to meeting the entirety of NCCC.”    Continue Reading