Our Gathering, kexwkexwntsút chet, tə sq̓əq̓ip ct, May 2023 - Summary Report

• Stefan Matiation described how the resolution of Specific Claims has accelerated thanks to operational reforms; however the process needs to change and be more credible for First Nations
• Canada is looking for more collaboration during claims assessment with earlier meetings and finding ways to efficiently bundle claims and streamline internal processes. The federal focus is on reconciliation, such as abandoning the "modern surrender" approach and delivering Ministerial-level apologies
• Canada is working with First Nations on the development of an independent centre for the resolution of Specific Claims that would handle the intake of claims and funding to First Nations, provide support including mediation services, and further the inclusion of Indigenous laws and customs, reducing Canada’s role in deciding matters related to the process
• Jody Woods acknowledged the work underway with Canada and underlined its importance. Jody also announced projects to look at the impact of reserve creation on Indigenous women and the human and cultural costs of not settling claims
• The Union of British Columbia Indian Chiefs has also been outspoken about departmental changes to the application of Privacy and Access to Information acts that are hindering the process. At the time of the plenary, the Union of British Columbia Indian Chiefs had just received a response from Minister Miller on these issues and needed to review it more closely
• Chief Dalton Silver acknowledged the work mentioned by the 2 other presenters and how long the process has taken. Canada needs to accept the importance of a "land back" approach and move away from requiring First Nations to "prove" they had occupied lands.

From the Q and A, we heard that:

• The Doctrine of Discovery has been repudiated but unravelling its impacts requires more work
• Funding, including moving away from loan-based funding, are matters being looked at in conjunction with a centre for a resolution of Specific Claims
• Federal and judicial turnover slows the process and makes evidence sharing difficult
• First Nations do not want a cap on the amount of compensation available

Action items

• Stefan Matiation, Director General, Specific Claims Branch to follow up with the 2 First Nation representatives about the status of their Specific Claims as requested

• Deputy Minister Daniel Quan-Watson acknowledged that reconciliation is an ongoing process that will never be complete
• The Deputy Minister commented on several noteworthy steps in the right direction, including: the leadership shown by First Nations in the management of the COVID-19 pandemic response; the federal government’s changes to Section 87 tax laws for modern Treaty Nations and long-overdue federal investments in Indigenous language and culture revitalization and in the resolution of Specific Claims
• Questions and comments from attendees focused on simplifying the processes and timelines involved in the return of lands by the federal government, on the difficulties facing Nations with significant overlap of territorial claims; and on gaps between CIRNAC’s Departmental Plan goals and results achieved
• Deputy Minister Quan-Watson acknowledged that while progress is being made to meet the needs of First Nations on all of these issues, more could be done. He emphasized that the federal government will bring every tool at its disposal to the table when it sits down with First Nations, and that no solution will be reached without the full engagement of First Nations in British Columbia.

• Chief Marilyn Slett, Hugh Braker and Merle Alexander provided highlights from the First Nations Leadership Council’s (Union of British Columbia Indian Chiefs, First Nations Summit, and British Columbia Assembly of First Nation) submission for the United Nations Declaration Act National Action Plan
  • Union of British Columbia Indian Chiefs’ submission highlighted changes to the language, mechanisms for consistency of laws, redress, environment, climate change and recognition of First Nations jurisdiction
  • First Nations Summit’s submission highlighted inclusion of the Recognition and Reconciliation of Rights policy, repudiation of the Doctrine of Discovery, and joint development of replacements for the Comprehensive Claims and Inherent Rights policies
  • British Columbia Assembly of First Nation’s submission highlighted that the action plan be comprehensive, coherent, progressive and have clarity of scope, as well, it should include redress, binding standards for recognition of Aboriginal title and rights, return of lands, and recognize legal plurality. It was noted that the Action Plan is a beginning point and that implementation is where advocacy begins
• Laurie Sargent and Keith Smith shared that this is a whole of government effort with over 25 departments and agencies implicated in the Action Plan. It was noted that the priorities identified in the submissions received from the First Nations Leadership Council and First Nations in British Columbia helped shape the Action Plan, and are reflected in the updates, especially in the Vision and Goals sections. They also shared that work will continue with implementation of the Action Plan and that there is a Letter of Understanding with the First Nations Leadership Council to work collaboratively together. They acknowledged that First Nations in British Columbia will need to be supported on working on Action Plan items
• There was discussion on the time frame for release of the United Nations Declaration Act Action Plan, non-disclosure agreements United Nations Declaration Act and legislative changes to align with United Declaration on the Rights of Indigenous Peoples. It was noted that the Action Plan will be released by June 21, the First Nations Leadership Council had signed an United Nations Declaration Act, and that there is to be consistency of laws with the United Declaration on the Rights of Indigenous Peoples

• Presenters provided a high-level overview of their various housing support programs, recent budget announcements to support First Nations with their housing needs, and how First Nations can access the various funding programs
• Information gathered from various engagement sessions with First Nations have highlighted the housing priorities, gaps and needs within communities. Some of the actions taken by the organizations who presented include, but are not limited to the following. The Government of Canada announced $223 million over 5 years in Budget 2022 for First Nations capacity maintenance enhancement funding including the housing management subsidy, training and certification, and technical services. ISC is working to reform policies and strategies to better support First Nations self-determination and provide control over housing funding priorities and decision making of long-term asset management planning to First Nations
• The First Nations Housing and Infrastructure Council continues to work with ISC to develop its organization to take on the care and control of First Nations housing and infrastructure as part of the Government of Canada’s larger transfer of service objective. They also continue to engage with First Nations partners to identify gaps and propose solutions to create an organization which will provide services that are environmentally sustainable, fair, transparent, include diversity, and provide support for on and off-reserve members
• BC Housing has 3 programs to support First Nations with achieving their housing goals:
  • Homes for People – A commitment of an additional $4.2 billion over 3 years on top of the previous $7 billion over 10 years
  • Community housing funds for on and off-reserve – A commitment to build 20,000 homes over the next few years while taking into consideration the model of social housing providing a sense of community. The next call is summer 2023, leaving it open for longer giving space for feedback
  • Indigenous Housing Fund – Has supported 3,500 units across British Columbia and plans to support an additional 2,200 units, recognizing this is a small number but a step in the right direction
• Canada Mortgage and Housing Corporation introduced the Urban Rural Northern Housing Strategy which is co-developed with its Minister and First Nations partners, and is a standalone strategy to the National Housing Strategy. To support the strategy, Budget 2022 announced $300 million over 5 years and Budget 2023 announced an additional $4 billion over 7 years

Action items

The question and answer period highlighted the following issues, that ISC will work with other regional funding partners to better incorporate into their respective housing programs:

• Environmental and Health concerns – Housing Program delivery and funding should address and include adaptability on environmental concerns, especially with ongoing changes in climate
• Co-development – Emphasis should be placed on working with partners to understand what they mean by co-development and to take a co-development approach in order to achieve an Indigenous led process
• Closing the Funding Gap – Parties should explore options for a funding mechanism that supports closing the gap. Infrastructure reform provides 1 potential option, however, co-development with First Nations partners should be a fundamental principle in developing new policies and tools moving forward

• ISC shared information on the Infrastructure Reform initiative which includes program reform, increased availability of financial tools, and expansion of updated programming to other government departments. The initiative aims to address the significant gaps identified through a variety of resources, including initial engagement with First Nations, and how to reform current approaches to be both more modern, and to align with First Nations vision of self-determination and reconciliation. Options for development to include longer-term monetization and transfer of service to First Nations
• Sts’ailes First Nation presented their vision of Infrastructure Reform, which includes monetization as a central pillar in support of longer-term asset management through capital investments
• The First Nations Infrastructure Institute outlined how they can assist First Nations pursuing support from the financial sector for their infrastructure projects
• First Nations Health Authority provided an overview of how they leveraged supports in order to build their most recent health building

Action items

• ISC staff to initiate more in-depth dialogue regarding Infrastructure Reform with First Nations in British Columbia. A letter and information product will be sent to First Nations Chief and Council to schedule regional engagement sessions

• Catherine Lappe provided background information on the Child and Family Services Agreement In Principle on Long Term Reform, the nation-wide implementation of the Act Respecting First Nations, Inuit and Metis children, youth and families, and shared an update on the ongoing negotiation of the final settlement agreement and Jordan’s Principle
• Kelley McReynolds spoke on behalf of the Indigenous Child and Family Services Agency Directors – Our Children Our Way Society. She discussed the history of prevention funding in British Columbia, the Canadian Human Rights Tribunal order for Prevention Funding, and highlighted the value of providing culturally based prevention programs and practices to reduce and eliminate the need for more intrusive responses
• The other speakers shared success stories, statistics and examples from the different prevention programs and activities that have been implemented in community with Child and Family Services Prevention funding
• Some of the key messages we heard were:
  • The importance of listening and engaging youth voices
  • The importance of breaking down internal silos to provide holistic, wrap around prevention services
  • Culture is the foundation of prevention

Action items

• Share more information with First Nations, leadership and community about available funding supports
• Create space for communities to come together to learn from each other
• Create space for collaboration between ISC, the Ministry of Children and Family Development, First Nations and other partners

• The Minister shared a reflection of her time in British Columbia over the past year. Weeks prior to the event, the Minister was joined by the Prime Minister in British Columbia. They joined the First Nations Health Authority and the First Nations Health Council to announce the 10 year funding agreement with the First Nations Health Authority. In late March, the Minister visited Splatsin to sign the first coordination agreement in British Columbia for First Nations children and families, and joined Kúkpi7 Rosanne Casimir and Colleen Erickson of the First Nations Health Authority to announce a new healing centre at Tk’emlúps te Secwépemc
• A priority that the Minister shared is continuing to support safe and adequate housing for Indigenous Peoples. The Minister recognizes the significant gaps in this area, and expressed immense gratitude to be a witness at the groundbreaking for the Sen̓áḵw Development Project
• The Minister also provided an update on the proposed First Nations Safe, Clean Drinking Water and Wastewater Act, and highlighted 5 key priorities wheere new legislation is being considered
  1. First Nations inherent rights are recognized
  2. Government of Canada commits to long term, sustainable and adequate funding
  3. Water sources are protected throughout Canada, especially waterways that flow into First Nations
  4. Co-develop minimum standards of clean drinking water and the Government of Canada support First Nations in maintaining these standards
  5. Create a First Nations Water Commission to support governance, water training and monitoring

• The Honourable Minister Marc Miller thanked attendees for the opportunity to meet with them and advance joint priorities of First Nations in British Columbia and the federal government
• Among the many priorities of Crown-Indigenous Relations, the Minister cited implementation of the United Nations Declaration Act Action Plan; the investments being made to address the ongoing crisis of Missing and Murdered Indigenous Women, Girls and 2SLGBTQIA+ people; the ongoing work to identify unmarked graves at former residential school sites; reforms to the Specific Claims process and the development of Canada’s Collaborative Modern Treaty Implementation Policy
• During the Q and A, attendees raised several questions and concerns, including on funding amounts to alleviate poverty facing First Nations communities on outstanding Specific Claims with their individual Nations; and on the ongoing crisis facing Indigenous women and girls. Attendees also requested more opportunities for consultation on United Nations Declaration Act and other initiatives
• Minister Miller acknowledged that, in an environment where multiple urgent priorities compete for funding and attention, the resources available will never be as much as he would like but he is committed to continue working to bring more resources to First Nations communities struggling with these issues
• On poverty and Missing and Murdered Indigenous Women, Girls and 2SLGBTQIA+ people especially, Minister Miller acknowledged the severity of the situation facing many Indigenous communities and reiterated the federal government’s commitment to a trauma-informed, cross-jurisdictional approach to resolving these crises

Action items

• CIRNAC will continue engagement with First Nations to resolve outstanding Specific Claims
• CIRNAC and federal partners will share information about policy developments, including the United Nations Declaration Act Action Plan, with First Nations

• Patrick Ballay provided an overview of the Residential Schools Missing Children Community Support Fund and showcased how funding can aid both lead and non-lead communities in their initiatives addressing residential schools
• Tammie French and Elder Henry Alexander gave a presentation on Takla Nation’s community-based residential school initiative, including a video-documentary showcasing their "Coming Home" ceremony held for Takla’s survivors and their families
• Ashley Whitworth gave a presentation of Squamish Nation’s initiative, specifically as a lead investigator of a residential school. This presentation featured maps showcasing how individual residential schools impacted a wide range of communities, emphasizing the need for collaboration in research, community engagement, as well as commemoration and memorialization activities
• Participant feedback on the presentations reflected the devastating impact of the residential school system, highlighting several resulting struggles including: erosion and loss of culture, division of families, complex trauma, violence, and addiction. Some participants expressed disappointment with the limited channels between Indigenous communities and the Canadian government to provide feedback on residential school programs. Suggestions for government support included increasing resources and funding to address: survivors' and intergenerational trauma, community education, day schools and Indian hospitals, access to missing children registries, development of wellness centers, and language revitalization initiatives
• With regards to the Residential Schools Missing Children Community Support Fund, participants also emphasized the need for:
  • in-person meetings
  • flexible funding
  • mental/cultural wellness support for effective engagement and consultation

• This session was an opportunity for Federal and Provincial governments to provide an update on their current work on addressing violence against Indigenous women, girls and 2SLGBTQI+ people
• There was also an emphasis on the importance of grassroots organizations, and representatives from the National Family and Survivors Circle and the BC Aboriginal Association of Friendship Centres were invited to speak to their work and vision for addressing violence against Indigenous women, girls and 2SLGBTQI+ people
• Hilda Anderson-Pyrz, Chair of the National Family and Survivors Circle, spoke to the importance of placing families and survivors at the core of all of our work. Hilda stated, "It is very difficult to build pathways if you are excluding those with lived experience"
• Leslie Varley from the BC Aboriginal Association of Friendship Centres, shed light on the work communities are doing in creating culturally informed and Indigenous-led community safety plans
• The theme of collaboration was woven throughout the session. It was reinforced that collaboration is needed from all levels of government to work together to address the tragedy of violence against Indigenous women, girls and 2SLGBTQI+ people

Action items

• During the Q and A, a question was asked about inter-provincial collaboration. It was discussed that a follow up to the January 10, 2023, Federal-Provincial-Territorial-Indigenous Roundtable on Missing and Murdered Indigenous Women and Girls and 2SLGBTQI+ People is anticipated for the Fall of 2023. Discussions will include cross-jurisdictional approaches to preventing violence against Indigenous women, girls and 2S+ people
• It was also discussed that there was a need for education and cultural awareness in policing and the Royal Canadian Mounted Police. The Annual Progress Report to the Federal Pathway on Missing and Murdered Indigenous Women and Girls and 2SLGBTQI+ People, released on June 3, 2023, includes updates from other federal departments on short-term violence prevention. It was also stated that CIRNAC has mandatory cultural competency training for all employees

• Carla McGrath provided an overview of progress made over recent years to support the recognition and implementation of Indigenous rights through innovative rights-based approaches, including the Recognition of Indigenous Rights and Self-Determination discussion tables, and the Recognition and Reconciliation of Rights Policy For Treaty Negotiations in British Columbia
• There is still work ahead to meet partners’ expectations and implement rights through flexible agreements, and the federal government’s Action Plan to implement the United Nations Declaration on the Rights of Indigenous Peoples Act is 1 important vehicle to realizing these shared goals
• Since the publication of the draft Action Plan in March 2023, the government of Canada has been working with Indigenous partners to reflect their input ahead of its final release in June. The Action Plan is intended to be a co-developed, evergreen document that will provide focus and priority to advancing self-determination and rights implementation
• Draft Action Plan Measures include:
  • 23. Issue a public statement of Canada’s rights-based approach for the negotiation of treaties, agreements and other constructive arrangements to replace the Comprehensive Land Claims and Inherent Right Policies
  • 24. Co-develop approaches for the implementation of the right to self-determination through negotiated agreements, new policies and legislative mechanisms
• Draft Action Plan Measure 23 seeks to formally recognize the end of the Inherent Right and Comprehensive Land Claims policies, which have long been criticized as premised on rights denial, and not adequately recognizing Indigenous peoples’ existing laws and systems of government. Draft Action Plan Measure 24 will enable the co-development of new tools to address barriers to reaching agreements, and to support First Nations in moving away from the Indian Act. Solutions will be advanced through co-development with Indigenous peoples
• Participants highlighted issues impacting negotiations, such as territorial overlaps and lengthy approval processes; and requirements for capacity funding to enable communities to engage in the development of the federal government’s Action Plan to implement the United Nations Declaration on the Rights of Indigenous Peoples Act. Participants stressed the importance of working collaboratively to resolve these issues, as well as the importance of recognizing and implementing First Nations’ inherent rights

• Panelists from the Ministry of Emergency Management and Climate Readiness, First Nations’ Emergency Services Society, BC Wildfire Service and the River Forecast Centre provided an outlook for the upcoming wildfire season in British Columbia. The session was technical and focused on sharing information
• With a drier than normal May and low rainfall forecast for June, staff are anticipating a dry summer with a likelihood of drought conditions and a heavy fire season. Panelists outlined available supports, directed attendees to preparedness guides, and provided contact information of key staff who can support First Nations during emergencies
• Questions from attendees focused on the need for increased funding and backup communications for communities facing emergencies. Attendees also stressed the need for increased communication within government, funding for preparedness, and clarity on jurisdiction

Action item

• The Ministry of Emergency Management and Climate Readiness to follow up on policy changes that could be made currently to support cultural burning without waiting for modernized legislation to be passed in the fall of 2023

• A small percentage of participants in the room have an established Economic Development Corporation, but many are interested in establishing 1
• The BC First Nations Development Corporation Association is an important venue/platform to discuss common opportunities and challenges. The First Nations Business Development Association website provides links to a number of governance and design making tools for anyone interested in establishing their own Economic Development Corporation
• There are significant economic opportunities in the short and long term available to First Nations. The opportunities have to provide sustainable financial returns for communities
• The BC First Nations Development Corporation Association promotes the Government of Canada’s 5 percent Indigenous Procurement target and is establishing a procurement office position to assist communities in accessing opportunities. Only 1 person in attendance verified that they had a federal procurement contract

Action item

• ISC to continue supporting the First Nations Development Corporation Association to ensure more communities access future workshops. Invitations will be issued out to interested communities. Please register at https://fnbda.com/

• The panelists discussed harnessing the power of communications to amplify and retell First Nations’ narratives through traditional and social media while also setting boundaries online. In addition to being proactive and disseminating thoughtful messages, the panelists emphasized the importance of self-care, especially when managing emergency communications
• Some of the lessons learned from the session:
  • There is a broad spectrum to communications, from informing members to seeking consent. It is important to build the necessary communications tools to engage members, get community buy-in and gain support for decisions
  • With growing societal awareness, changing newsrooms, and United Nations Declaration on the Rights of Indigenous Peoples, there is an unprecedented opportunity to use communications to amplify and retell First Nations stories about their territories, governments, people and history
  • It is important to reflect on how communication messages and products are received by audiences. Simply sending out stuff (SOS) via social media, websites and emails is not always an effective way to engage audiences
  • For emergency communications, be compassionate and proactive, have in-stock messages and provide regular updates when a crisis occurs, as they can be a lifeline to community members

Action item

• The First Nations Public Service Secretariat and Davis McKenzie will host a hybrid course, Foundations of Professional Communications, in January 2024
• The First Nations Public Service Secretariat will also develop a Communications Toolkit in 2024
• Participants asked for funding to build communications capacity and infrastructure within their communities. Those requests were conveyed to ISC officials who can provide funding support