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Situation of Indigenous Peoples in Canada COVID-19 Pandemic on Reserves and in Off-Reserve CommunitiesOn May 22, Indigenous Services Canada (ISC) reported, "On First Nations reserves in provinces, as of May 22, ISC is aware of 209 confirmed positive COVID-19; 18 hospitalizations; four deaths." It gives the following case numbers by province: British Columbia: 41; Alberta: 38; Saskatchewan: 49; Ontario: 46; Quebec: 35. What ISC does not say is that this number of infections on reserves where Indigenous populations are very small, is devastating. As well, negligence by the Canadian state on reserves has created conditions where health care is limited and other health issues are common, a situation that makes people more vulnerable to COVID-19. As concerns Indigenous peoples who are not part of the reserve system, the Congress of Aboriginal Peoples -- which represents the interests of off-reserve status and non-status Indians, Métis and Southern Inuit Aboriginal peoples -- filed a federal court application on May 13 alleging the federal government's COVID-19 assistance has been "inadequate and discriminatory," compared to other groups. In mid-March, the government created the $305 million Indigenous Community Support Fund, of which $15 million went to support groups that work with Indigenous peoples who are not part of the reserve system, even though they make up more than half of the Indigenous peoples living in Canada. In its press release regarding this filing, the Congress of Aboriginal Peoples states: "The Congress of Aboriginal Peoples (CAP) and its Provincial and Territorial Organizations (PTOs) today filed an urgent court application over the federal government's inadequate and discriminatory funding during the COVID-19 pandemic. The shocking lack of funding and discrimination impacts the most vulnerable and disadvantaged Indigenous peoples in Canada. "National Chief of the Congress of Aboriginal Peoples Robert Bertrand stated, 'The Congress of Aboriginal Peoples and our provincial and territorial partners provide critically needed support and deliver services to many of the most susceptible Canadians. The federal government has abandoned its fiduciary responsibility towards a significant number of Indigenous peoples during this pandemic.' "The urgent court application filed today in the Federal Court of Canada challenges the funding allocation under the Canadian Charter of Rights and Freedoms ("Charter"). The application seeks to address the fact that despite the federal government's laudable goals, the funding allocations have been discriminatory and at the expense of the doubly-disadvantaged Indigenous populations served by CAP. "As a result, it is simply not possible for CAP and its PTOs to provide any meaningful relief both to the many thousands of off-reserve Indigenous peoples it actively supports or to the hundreds of thousands of off-reserve Indigenous peoples that CAP has been advocating support for. These Indigenous people are included within federal responsibility in the Supreme Court's CAP-Daniels Decision.[1] This urgent support must address Elders and others, health care, inadequate housing, food insecurity, educational and other support for children, mental health services, and COVID-19 preparedness. "The legal action comes after the federal government ignored CAP's repeated efforts and preference to work with Indigenous Services Canada (ISC) to rectify the problem without litigation. The large majority of Canada's Indigenous population lives off-reserve and this court action addresses the needs of this population. "Chief and President Lorraine Augustine of the Native Council of Nova Scotia concluded, 'There is a long history of underservicing, neglect, and discrimination towards off-reserve Indigenous peoples. The Supreme Court recognized this and now the Federal government is discriminating against the most vulnerable Canadians at the worst possible time. We had no choice but to go to court to save lives.'" In response to the determined fight of the
Congress of Aboriginal People and others, Trudeau announced, on May 21,
"$75 million in new funding for organizations that address the critical
needs of the over a million Indigenous people living in urban centers
and off reserve." In a statement issued the same day by the Congress of
Aboriginal People, National Chief Robert Bertrand said "This funding is
an improvement over the previously announced funding that was beyond
inadequate. As the National Chief I am glad to see some recognition
from the federal government that they have an obligation to support the
needs of off-reserve Indigenous peoples." Note1. On April 14, 2016, the Supreme Court of Canada ruled in Daniels v. Canada that the federal government, rather than provincial governments, holds the legal responsibility to legislate on issues related to Métis and Non-Status Indians. In a unanimous decision, the court found that Métis and Non-Status peoples are considered Indians under section 91(24) of the Constitution Act, 1867 -- a section that concerns the federal government's exclusive legislative powers. (Canadian Encyclopedia)
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