The Ontario First Nations Health Action Plan

The Ontario First Nation Health Action Plan is a $222 million investment over three years (2016-2019), and a commitment to $104.5 million of ongoing funding afterwards. The action plan focuses on four key areas: Primary care, public health and health promotion, seniors care and hospital services, and life promotion and crisis support.

The majority of this action plan focuses on communities in Northern Ontario, and touches on many of the commitments laid out in The Journey Together. For example, the mental health initiatives laid out in The Journey Together fall under this action plan, as is the expansion of home and community services and increased telemedicine services.

When the plan was announced, Ontario Regional Chief Isadore Day said, ““It’s not going to be a uniform rollout — there’s going to be a lot of work that will take place so we’re going to have to figure out where’s the most need.” He went on to say that “today’s investment is a good step forward, but there is a lot of work ahead.” Chiefs of Ontario has been working with the MOHLTC to ensure that the work on implementation has proceeded appropriately.

Grassy Narrows and Islington Indian Bands Mercury Pollution Claims Settlement Act

Background

The Anishinaabe community of Asupeeschoseewagong First Nation (Grassy Narrows) has a registered population of approximately 1,511 members, 951 who live on-reserve. Located along the Wabigoon-English River, this Ojibway First Nation falls under Treaty 3 territory. When Treaty 3 was signed in 1873, it included provisions for community members to hunt, fish and trap on land that now fell under Crown control. Land is an integral component of the Ojibway culture and the treaty allowed for the cycle of seasonal activities and traditional practices to continue on the land, regardless of ownership.

Between 1962 and 1970 a chemical plant operated by Reed Paper Ltd (as part of its pulp and paper operations at Dryden) located approximately 100 km upstream from the reserve, began leaking mercury (a toxic chemical) into the Wabigoon-English River. By 1970 approximately 10 tonnes of mercury had contaminated the river.

Although the plant had stopped using mercury in its processes by 1975, the Wabigoon-English river remained one of the most heavily mercury contaminated waterways in the world. Fish (Walleye, Northern Pike and Lake Whitefish) continued to have extremely elevated mercury levels, even with the passage of time indicating methylmercury was still leeching into the river. Scientific studies have shown that over time mercury concentrations in water species will significantly decline, however in the Wabigoon-English river rates of decline were slowing down and leveling off.

Ontario's Approach to Federal Cannabis Legalization

Background
On April 13th, 2017, the federal government introduced Bill C-45, or the Cannabis Act, which is new legislation that will establish the legislative framework for cannabis, identifying permitted and prohibited activities. Generally speaking, the federal framework is less extensive than that of alcohol and more extensive than tobacco while maintaining its criminal law effectiveness (see figure 1). The Government of Canada's goal is to keep cannabis out of the hands of Canadian youth, and to prevent organized crime from continuing to profit from the illegal cannabis market. Canadians continue to use cannabis at some of the highest rates in the world. In 2015, 21% of youth and 30% of young adults reported using cannabis within the last year [1]. A baseline study still needs to be established in order to better capture how prevalent cannabis use is among youth and at-risk people in First Nation communities. The concern of abiding to OCAP principles during such data collection have been raised.

Segregation in Ontario

"Prisons and jails have rules about everything. There are rules governing every moment a person spends in custody and every movement that person makes. There are rules about everything staff does as well. In spite of this, and with apologies to Justice Louise Arbour, although rules are everywhere, the rule of law is too often absent." – Howard Sapers, the Independent Review of Ontario Corrections

“This is a glaring example of a broken system.” – ORC Isadore Day, on Adam Capay’s solitary confinement

Background

The correctional system in Ontario, more specifically the use of segregation in prisons, is currently in a state of crisis. In the past twelve months there have been several high-profile events that drew attention to the flawed use of segregation in Ontario, and indeed across Canada. The Ontario Human Rights Commission called for an end to the use of solitary confinement in Ontario. In November 2016, McLean’s published a story on Adam Capay’s case, where a young man from Lac Seul First Nation had served 1,560 days in segregation, using his story to shine a light on the practices of segregation in the province. The resulting public uproar coincided with an internal review of the provincial use of segregation in prisons.

The Ontario Ministry of Community Safety and Correctional Services (MCSCS) has in response appointed Howard Sapers to conduct a review of the use of segregation in Ontario prisons as stage one of a three phase reform plan.[1] Sapers has worked in the field of corrections for over 40 years, and has served as the Correctional Investigator at the federal level. He argued that overuse of segregation is symptomatic of wider systematic issues to be addressed in the second report. This report on segregation was done on a quick timeline so that it could quickly respond to these concerns. Sapers had 60 days to complete his report, which was released in March 2017. This was a remarkably fast timeline.

Ontario’s First Culture Strategy, 2016

In 2016, the Ontario Ministry of Culture, Tourism, and Sport (MCTS) released the province's first ever Culture Strategy.

The strategy is broad: it is based on working in partnership with Ministries government-wide, as well as in partnership with Indigenous communities. Particularly related to First Nations peoples, the Culture strategy is informed by the principles articulated in the 2015 Political Accord, and in the commitments included in the as-of-then unreleased provincial response to the Truth and Reconciliation Commission's Calls to Action in The Journey Together. In fact, many of the commitments in The Journey Together are fulfilled through the Culture Strategy.

The Strategy is guided by six guiding principles in order to achieve four key goals. Of those guiding principles, one is "respect for Indigenous peoples." The four key goals are:

1. Promote cultural engagement and inclusion;
2. Strengthen culture in communities;
3. Fuel the creative economy;
4. Promote the value of the arts throughout government.

During consultations in the lead-up to the release of the Strategy, MCTS heard from Indigenous communities that the most important need was for access to culture for Indigenous children and youth, which is reflected in the action plan that follows the report.

Bill 57 - Katelynn's Principle Act (Decisions Affecting Children), 2016

Status: Ordered referred to Standing Committee 

Summary: This Act was created to serve as a guiding principle for decisions affecting children. Triggered by a tragic event where a seven-year-old, Katelynn Sampson, died after being brutally abused over many months by her legal guardians, the Bill set out guiding principles to direct decisions concerning children.

The jury in the coroner's inquest into the death of Katelynn Sampson put forth  173 recommendations that would mitigate risks to children and prevent similar situations in the future. The first recommendation, referred to as Katelynn’s Principle, places children at the centre of decisions affecting them. The jury requested that all parties to the Coroner’s Inquest ensure that Katelynn’s Principle apply to all services, policies, legislation and decision-making affecting children.

Jordan's Principle

Summary: Jordan's Principle was developed in response to the death of Jordan River Anderson. He died in 2005 at five years old. In his short life, he was eligible for home-care, but the federal and provincial governments could not agree on who was financially responsible, meaning he spent his entire life in hospital.

Jordan's Principle is a child-first approach with the intention of providing First Nations children, both on and off-reserve, the same access to government health and social services that are available to all other non-Indigenous children. It requires that the first level of government that a First Nation citizen contacts is responsible to provide that service.

The goal is to prevent First Nations children from being denied essential public services and to prevent delays in receiving them. By utilizing a child-first approach, jurisdictional disputes involving the care of First Nations children should not affect their access to treatment. The AFN has summarized the key points to Jordan's Principle in the following terms:

Because responsibility for First Nations children’s services is often shared among federal, provincial/ territorial and First Nations governments, accessing certain services can be challenging. Funding disputes between federal and provincial governments, or between federal departments, are not uncommon, and can result in delays that unfairly affect children’s health and well-being. Jordan’s Principle requires the government of first contact to provide the service, and then resolve the funding issue. As such, Jordan’s Principle is a mechanism to help ensure children’s human, constitutional, and treaty rights" (source)

Bill 186 - Ontario Retirement Pension Plan Act, 2016

Status: The bill received Royal Assent as of June 09, 2016.

Summary: Bill 186 serves the purpose to provide a lifetime pension for Ontarians, fulfilling the provincial government's commitment to strengthen retirement security for those without an adequate pension plan. By 2020, every eligible worker in Ontario (aged 18 to 70 years) would be part of the provincial or a private retirement pension plan.

Providing a pension does not fall under the fiduciary obligations for First Nations in Canada, but the plan does contain a provision specific to First Nations, offering access to the legislation on an opt-in basis. Unless both employer and employee choose to participate in the Ontario Retirement Pension Plan (ORPP), First Nations employees are excluded from participating in the ORPP.

The opt-in provision for the ORPP protects First Nation jurisdiction and sovereignty, while also making available an important service for First Nation citizens and communities.

Full text of the reading can be found here.

Full text of the legislation on Ontario Newsroom can be found here.

Related Policy & Programs: Strengthening Retirement Security for Ontarians, ORPP

Bill 73 - Representation Amendment Act (Wahnapitae First Nation), 2016

Status: The First Reading Carried as of November 23, 2016.

Summary: Wahnapitae First Nation is currently in the provincial riding of Timiskaming-Cochrane, and Bill 73 would alter the districts so it would sit in the Nickel Belt riding, at the initiative of Wahnapitae First Nation. The central issue is of access to representation.

The problem is geographic. The Nickel Belt riding office is a half-hour drive from Wahnapitae First Nation, while the Timiskaming-Cochrane office is three hours away. Since both MPPs are currently Liberal, Wahnapitae First Nation citizens have been informally represented by the Nickel Belt MPP, but this informal solution is not sustainable and could become problematic should electoral distribution change in the future. The legislation solves this potential problem preemptively.

Likewise, Nickel Belt MPP France Gélinas proposed amendment to Bill 45 - The Election Statute Law Amendment Act, to have the riding boundaries of Nickel Belt to include Wahnapitae First Nation

Full text of the reading can be found here.

Full text of the topic in CBC News article can be found here.