Indigenous and Northern Affairs Committee on Nov. 26th, 2020

[Rachel Blaney, NDP, North Island—Powell River, BC]

Thank you, Chair.

I want to thank all of the witnesses here today for the important testimony that they've added to this study.

I'll start with you, Ms. MacKay. You talked about something that we've heard about before, which is the issue of bylaws and the ability for the bylaws to be enforced and the challenges that you're seeing. I'm wondering if you could tell us a little bit more about that and let us know if COVID has actually had a detrimental impact or if this has been a long-standing issue that COVID just exaggerated. I'm not sure that's the right word, but I hope you understand what I mean.

[Janna MacKay]

I will defer this question to Angie.

[Angeline Gillis]

That's a great question.

In Nova Scotia we have what is known as the tripartite process. One of the working groups that was implemented as a result of the truth and reconciliation process was the need to look at the way our justice system is set up.

In that, we started to conduct studies on the gaps with bylaw enforcement. It isn't necessarily that we do not have the capacity to develop bylaws; our communities have done that. The gap we are seeing is with enforcement, getting enforcement to act, and that gap was, in fact, exacerbated through COVID when our communities tried to protect themselves by implementing the lockdowns, implementing curfews and such. We could not get any of our law enforcement officers to support us in ensuring that the bylaws were followed adequately to protect the communities. That gap was something that was brought more to light when COVID struck.

[Rachel Blaney, NDP, North Island—Powell River, BC]

Thank you. That's very helpful.

If I could come to you, Professor Martin, you said a couple of things. The first thing you talked about was timely and culturally safe health care. I just want to make sure that we clarify on the record what that looks like.

The other thing you talked about, which I've seen in numerous studies, is the barrier created by a lack of data. It's hard to measure what's working and what's not working and the long-term impacts, simply because we don't have substantive data. I hear that across Canada.

Could you answer these two things? What direction do we need to take in terms of getting more clear data, and what is timely and culturally safe health care?

[Debbie Martin]

They are two really good questions.

I think there are two different things in terms of the timeliness of access to care. For remote, rural and isolated communities, access to timely care becomes urgent in the case of COVID-19 if emergency services are needed. Again, with issues related to weather and geographic isolation, timeliness is sometimes difficult to enact and the ability to have supports in that way becomes impeded. I think one way to address that would be through improved access to telehealth opportunities and better connectivity in rural, remote and isolated areas.

In terms of culturally safe care, I think we have seen in the media and know very well the impact of racism and systemic racism in our health care system. It's one thing to require services, but it's certainly another thing to choose not to have those services because you know that the way you're going to be treated once you enter the health care system is not culturally appropriate or is in fact racist. I think that's what I wanted to bring out. I'm glad you asked me about that, because it was a very condensed sentence I put in there.

Then again, the lack of access to data is a massive problem as well. What I would suggest here is turning to some of the amazing work that's being done already by indigenous communities in terms of improving their own access to data.

Nationally, we have the First Nations Information Governance Centre. They have done some amazing work in collecting data from very diverse first nations communities across the country to address that gap, but that doesn't mean the capacity is there to now pivot to understand how to collect this epidemiological data that's needed to understand, and to do contact tracing and all of that other stuff for COVID-19. What we're left with is a huge gap in our knowledge about the epidemiology of COVID-19 in indigenous communities. Without that information, we can't act accordingly.

I think what needs to happen as the first step is a full and complete engagement with the appropriate indigenous leadership that can advise on how to engage with that type of data collection that has to happen. Without that, I don't think any amount of government funding would improve access. We are already facing a lot of skepticism and reluctance from indigenous communities around participating in research because of a massive history of colonialism that has created a negative taste in the mouths of many people who have taken part in research in the past. There really needs to be a lot of capacity built within communities for them to be able to do that work themselves.

[Rachel Blaney, NDP, North Island—Powell River, BC]

Thank you.

[The Chair, Liberal, Bob Bratina]

Ms. Blaney, we're right out of time. Thanks very much.

Ladies and gentlemen, we're sorry about the technical issues that caused us delays.

I want to thank our panellists. These are remarkable contributions to our report. If there's anything that you feel has not been discussed that should be, please submit written testimony, and it will be incorporated into our report.

We're going to suspend for just a few moments to set up our next panel. We will resume momentarily.

Once again, thanks to our witnesses.

[The Chair, Liberal, Bob Bratina]

We'll call the meeting to order once again and resume our study of support for indigenous communities through a second wave of COVID-19.

Joining us by video conference are National Chief Norman Yakeleya of the Dene Nation, Minister William Goodon of the Manitoba Métis Federation and Herb Lehr of the Métis Settlements General Council.

Chief Yakeleya, please go ahead for six minutes.

Chief, you are on mute.

Mr. Clerk, could we have a technician call Chief Yakeleya? In the meantime, we will hear from Minister Goodon of the Manitoba Metis Federation for six minutes.

[William Goodon, Minister, Manitoba Metis Federation]

Thank you very much, Mr. Chair.

To all the committee members, thank you very much for the opportunity to be here today. I'm very pleased to speak to you about the support for indigenous communities, businesses and individuals through the second wave of COVID.

I want to say thank you again for inviting the MMF to speak to the committee on the COVID crisis gripping the world and our country, and in particular on its impact on the Manitoba Métis. I am here on behalf of our president, David Chartrand.

The Manitoba Métis government has been dedicated to providing supports to our citizens, families, workers and businesses as they try to cope with the hard impacts of COVID. The Government of Canada has heard our concerns, which President Chartrand expressed to you in his other appearances. We need to continue to work together to address the continued standing challenges.

We acknowledge Canada has responded quickly, meaningfully and in partnership with us to adjust the programs to allow our Métis government to deliver a flexible financial lifeline to our indigenous communities, businesses and individuals. This is especially important to recognize, as we have had no support from the Manitoba provincial government. We have been delivering food security income and other supports for many of our more vulnerable citizens, including our seniors, students, early learners and homeless.

These are difficult times we are facing here in Manitoba. We are deep into code red, with job losses, closures and significant COVID cases. We have lost loved ones here in the Métis community as a result of this pandemic. There is no doubt that Canada's indigenous support programs, in addition to its broader COVID-19 economic response plans, have helped with preventive measures to slow down the devastating impact on our communities. We are working to do all we can with these preventive measures to minimize the impacts.

At the same time, COVID has had a significant influence on our people, even before the onset of its second wave. Historically and in modern days, the Métis were and are well known as entrepreneurs and business-minded people. The concern for the future of this sector is significant. Many of our citizens are employed in the services and construction sectors. Their type of employment does not enable them to work from home. The lack of reliable and sufficient Internet bandwidth for both our rural and urban citizens, and in particular our entrepreneurs, creates further challenges during these unprecedented times.

Ensuring all criteria are met, we are dedicated to release the federal supports intended to provide flexible, immediate support. In Manitoba, we are in the depth of full closures of non-essential activities across the province. The funds being released through the Louis Riel Capital Corporation and our Metis Economic Development Fund are there to help those in the crisis we face now and to assist in reopening in a safe and responsible manner.

We currently have three COVID-19 Métis business support programs.

Our MMF COVID-19 economic response for entrepreneurs was an early and urgent response that was launched on March 23 and at that time disbursed over $650,000.

Our MMF COVID business support program was launched on November 3 and has provided $1.173 million approved to date, with applications approved in 72 hours and funds distributed within the week.

The Métis emergency business loan program has approved and disbursed over $4.3 million in financial supports to our businesses and entrepreneurs.

The COVID crisis has also exposed the particular vulnerability of our citizens and communities resulting from our long-standing exclusion from the federal health supports available to other indigenous peoples. While the First Nations and Inuit Health Branch branch of Indigenous Services Canada worked with first nations and Inuit to provide PPE and other forms of medical assistance, the Métis were left to fend for ourselves. While we are all now focused on the need to contain the second wave, we hope that as Canada tries to build resiliency with an equitable and sustainable economic recovery plan, the impact that COVID is having on our people will figure in this plan.

. We believe an equitable and sustainable economic recovery plan should incorporate the commitments made to us during the 2019 election campaign. Acting on these commitments will serve to stimulate economic activity and resolve long-standing inequities.

These include commitments by Canada to, first, close the infrastructure gap in Métis communities by 2030 through investments in critical health infrastructure, such as Métis Nation health hubs; second, to codevelop distinctions-based indigenous health legislation to ensure indigenous control over the development and delivery of services; third, to attain a 5% indigenous procurement target in federal spending; fourth, to establish a major projects benefit framework that will ensure that Métis communities benefit from major projects.

The federal government's budgets in 2018 and 2019 contained significant allocations over a 10-year period for Métis-specific programs and services, such as housing, early learning and child care, and post-secondary education. The MMF applauds this dedication to a government-to-government and nation-to-nation approach. Accelerating the release of the balance of this funding in a shorter time frame may also help to address long-standing needs and provide economic stimulus in our communities.

[The Chair, Liberal, Bob Bratina]

Chief, we are beyond time.

[William Goodon]

Yes.

[The Chair, Liberal, Bob Bratina]

Are you close?

[William Goodon]

I was just going to say thank you. That was my last sentence.

Thank you very much for your time and for allowing me to speak here today. It's much appreciated.

[The Chair, Liberal, Bob Bratina]

I'm glad we didn't miss that. Thank you very much.

Chief Yakeleya, I see that you're not muted now. Can you hear me? If so, please go ahead for six minutes.

[National Chief Norman Yakeleya, Dene Nation]

Yes, thanks to my 18-year-old son, who is technology-savvy and made it happen.

[The Chair, Liberal, Bob Bratina]

Great.

[National Chief Norman Yakeleya]

Marsi. Mr. Speaker, I am National Chief Norman Yakeleya of the Dene Nation of the Northwest Territories.

As our elders have always said, we ask all of Canada to continue to pray for all of us as we go through the COVID-19 pandemic.

I was elected in August 2018 on a platform of unifying the Dene and rebuilding the Dene Nation through our existing and modern treaties with Canada and the Northwest Territories government and other indigenous governments.

Time is of the essence for us as elected leaders. My three-year term—1,095days—is down to 268 days, as we all continue to lead and manage our way through this pandemic as Dene.

What you will hear from me will be consistent with the points we have talked about as Dene, what we have talked about with the other indigenous governments and the Government of the Northwest Territories, as well as what we have talked about with the Prime Minister and the ministers.

The pandemic really is about the health of our Dene and the health of our economy, either trapping or in wages, which sustains us. The Dene medicine wellness model is something we want to encourage, and what we ask of Canada, through the economic issues, is that they consider the proclaimed policies that affect the Dene people.

As we collectively protect our way through the second wave—and anticipate a possible third wave—a number of things are very clear.

One, the status quo is not enough. We would not want to go back to the normal way, because if we go back to the normal way of how we were doing business, we would still be in a situation of begging Canada to help the indigenous people.

We understand also that no one government can go it alone. Unilateral decision-making is counterproductive. However, the current system, the fiscal arrangement with the GNWT and Canada, supports these unilateral decisions. This is a time that demands collaboration and co-governance.

The pandemic has really brought to light the shortcomings in our existing systems. It has shed light on the fact that change has to happen. We are managing, but barely. Systems are stretched to the breaking point. People, especially our caregivers—known as elders, mothers and fathers—and special people in our communities, are exhausted.

The economy is in recession, and climate change is extremely important, along with what's happened with our weather.

We look at the pandemic as opportunities. The pandemic has helped create the conditions that make it clear that the only way ahead is through a collaborative co-governance approach among the indigenous governments, Canada and the GNWT, whereby issues of common concern can be discussed and next steps agreed upon. For example, arranging for new fiscal arrangements must be a priority with this government and with the indigenous governments. Another example is that the chiefs are very concerned about the greatly increased alcohol and drug abuse in our small communities and the fatalities we have suffered resulting from the pandemic's related public health restrictions.

Much of the program funding, design and programming for indigenous people resides within the Government of the Northwest Territories, with indigenous governments often reduced to being recipients of the funding, which may or may not meet their needs due to not having any input into program design and implementation. We encourage direct funding to the aboriginal governments. Let us do our own wellness program, rather than having someone do it for us.

The opportunity is now there to revisit these arrangements on a trilateral basis, to make it acceptable to the three governments and to promote efficiency, effectiveness and creativity in dealing with what are now almost intractable problems like housing, health, energy and the economy.

At the start of the pandemic, the Dene Nation made a case to Canada that the safest place for people in our community was on the land rather than in the community. Canada agreed, and funding was provided to assist families to go on the land in a common-sense, innovative approach.

The Dene Nation recognizes the need to rebuild the NWT economy post-pandemic. It has put out a road map in a document called the “Resetting the Sail: Dene Nation Post-Pandemic Economic Reset Plan April 2020”.

The Dene Nation and the Centre for Indigenous Environmental Resources put out a paper called ”Resetting the National Sail: a Consideration Paper on Indigenous Governance and the Canada Water Agency”.

The Dene Nation is a primary advocate for the creation of a territorial government whereby indigenous elected leaders and those of the Government of the Northwest Territories can gather and hopefully reach consensus on how to deal with issues of common interest. The Dene Nation is also advocating the coordinated approach of the Arctic and northern policy framework, which is to be structured in the same way. We are advocating for a Dene chapter—

[The Chair, Liberal, Bob Bratina]

Chief, we're right out of time...go ahead.

[National Chief Norman Yakeleya]

Thank you very much.

The four recommendations are that the Dene Nation needs a trilateral table to work with all three governments and that the Dene nation supports whatever other initiatives we can work together on with this committee and the Government of Canada.

Marsi cho.

[The Chair, Liberal, Bob Bratina]

Thanks very much, Chief. Have the teenager invoice the Government of Canada for the technical work.

[National Chief Norman Yakeleya]

You're so kind, gentlemen.

[The Chair, Liberal, Bob Bratina]

That brings us to an old acquaintance from the Métis Settlements General Council, Herb Lehr.

Welcome, Herb. Please go ahead for six minutes.

[Herbert Lehr, President, Metis Settlements General Council]

Thank you, Mr. Chair and members of the standing committee, for the invitation to speak today on behalf of the Métis Settlements as part of your study on COVID-19 and its effect on indigenous communities. I am pleased to provide the committee with an update on the situation across our eight communities and how we wish to work collaboratively with the Government of Canada in the weeks and months ahead.

For members who may be new to this committee, the MSGC is not part of the Métis National Council or a member of the Métis Nation of Alberta. As such, we do not have access to Métis distinction-based funding. Our settlements are spread throughout northern Alberta, and we are unique in that we are the only Métis in Canada with a land base.

Through the MSGC, our people hold a fee simple title to 1.25 million acres of land, equal to the size of Prince Edward Island. Our self-governing powers are currently enabled by Alberta law and make MSGC responsible for many functions, akin to a municipal government, including citizen wellness, clean water, housing, roads and capital infrastructure, as well as other essential services.

The settlements are in the second wave of COVID and are not immune to its impacts. Our central board of health has been active in coordinating our response and in liaising with government authorities to request and distribute PPE. However, due to the current second wave, the need for PPE and isolation units remains. Since my appearance here in June, we have had approximately 13 cases across the settlements, including six cases deemed recovered and one death of an elder. These numbers may be higher, but we have a data gap because of our limited ability to offer testing and monitoring.

I want to thank the Government of Canada and ministers Bennett and Miller for their support in our battle against COVID-19. To date, MSGC has been able to receive over $1.8 million through the indigenous community support fund, which has allowed us to fight, contain and somewhat manage the virus. We have applied for additional COVID-19 support available through the same program and are hopeful for a positive outcome shortly. As we enter the second wave, continued federal government support for the settlements remains key as our financial situation continues to deteriorate.

Many of the difficulties I raised back in June remain, including skyrocketing mill rates, financial insolvency within the resource development industry across the settlements and an acquisition moratorium on oil and gas in Alberta. Simply put, our own source revenues have been significantly hit. The current situation has only accelerated the more fundamental challenge for MSGC, which is our long-term viability.

We are in an emergency and need federal action now if we are to continue our way of life. Our settlements have often relied on ourselves, but some provincial partnerships have existed, such as, most recently, the MSGC-Alberta long-term arrangements. This, along with our own limited savings, has been our primary funding source, but the LTA will sunset in 2023 and provincial funding has already been reduced by half, beginning this fiscal year, to the end of the agreement. Alberta has made it clear that it will no longer continue funding the settlements beyond 2023.

In addition, the 2016 landmark Supreme Court ruling in Daniels v. Canada has fundamentally reframed the Canada-Métis fiduciary relationship.

Given these facts, it is time for the Government of Canada to ensure a proper relationship with the Métis settlements, including long-term financial sustainability. While MSGC, Alberta and Canada are in tripartite negotiations for a long-term sustainability agreement, immediate funding is needed if we are to remain operational. MSGC is seeking federal funding of $50 million per year for three years as a stopgap measure until the tripartite negotiations are complete—a process which could take years to conclude.

As we continue to address the COVID situation, we know that these costs, as well as the major infrastructure deficit we face, are unsustainable over the next few years. The Métis settlements in MSGC face the prospect of insolvency in under 12 months if we do not receive immediate stopgap funding from the Government of Canada.

To support our financial ask, we have provided a full business case with third party experts and have briefed Minister Bennett's and Minister Miller's advisers on its details. We recently briefed both deputy ministers at Crown-Indigenous Relations and Indigenous Services Canada about our current situation and our request for inclusion in budget 2021. We would ask ministers and officials, as well as this committee, for their support for our request.

In closing, thank you for the invitation to be here today. I would be pleased to answer any questions you might have.

Kinana’skomitina’wa’w.

I yield any remaining time to Chair Bratina.

[The Chair, Liberal, Bob Bratina]

Thank you very much, Mr. Lehr.

We have time for one round of questioning, with Mr. Viersen, Ms. Damoff, Madame Bérubé and Ms. Blaney.

Mr. Viersen, you have six minutes. Please go ahead.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Thank you, Mr. Chair; and thank you to our witnesses for being here today.

I welcome Herb to the committee. I got to know him fairly well over the last few years, and he does great work.

You talked about the $50 million that they're looking for in bridge funding. I wonder if you could outline a little around what has happened to the Métis settlements over the last five years, essentially, and where the revenues they normally have been funded with have dried up.