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.

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.

Ontario Indigenous Education Strategy

In 2007, the Ontario Ministry of Education (EDU) released its new Aboriginal Education Strategy (since renamed the Indigenous Education Strategy) to guide the province's school boards as they worked to close the achievement gap in education. At the time, the province estimated that 50,312 First Nation, Inuit, and Métis students attended provincially operated elementary and secondary schools in Ontario. Of those, 18,300 students were First Nations. This strategy has been renewed several times, and recently was invoked in The Journey Together as a key tool to close the achievement gap between Indigenous and non-Indigenous students.

The strategy has two primary objectives:

1 - Improving student achievement and well-being among First Nation, Métis and Inuit students; and

2 - Closing the achievement gap between Indigenous students and all students.

This strategy applies only to First Nation, Inuit, and Métis students who attend provincially run schools. However, First Nations hold a treaty right to education, and therefore providing for education is a federal responsibility. Therefore, First Nation students who attend a First Nation or federally run school on reserve do not fall under the Ontario Indigenous Education Strategy (though proposed reclassification of First Nation Schools under the Education Act may change that).

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.

Bill 89 - Supporting Children, Youth and Families Act, 2017

Status: Royal Assent Received as of June 1, 2017

Summary: The Ontario Indigenous Children and Youth Strategy (OICYS) called for legislative change that would more effectively support the strategy's key pillars.[1] Part of the implementation of this strategy is the Supporting Children, Youth and Families Act, which overhauled the Ontario Ministry of Children and Youth Services, now the Ministry of Children, Youth and Family Services.

Impact: The paramount purpose of the Act, both old and new, is “to promote the best interests, protection and well-being of children.” The new Act expands on this purpose to include several clauses, including taking into account a child’s or young person’s background (factors such as race, creed, colour, ancestry), “cultural and linguistic needs,” includes relatives in decision-making, and that Indigenous communities are entitled to provide their own family services in a way that recognizes their culture, heritage, traditions, connection to community, and the concept of the extended family. These principles have far reaching consequences.

Ontario Indigenous Child and Youth Strategy (OICYS)

The Ontario Indigenous Children and Youth Strategy (OICYS) is a bilateral strategy between Indigenous peoples and the Ontario government through the Ministry of Children and Youth Services (MCYS). It is designed to improve outcomes and opportunities for First Nations youth by changing how services are designed and delivered. More specifically, it outlines key principles that enable First Nations to control programming that is developed holistically rather than imposed externally.

Background

The road to the OICYS began with a 2011 report by John Beaucage, Aboriginal Advisor to the Minister of Children and Youth Services. After studying Children’s Aid Societies (CASs) in Ontario for a year and consulting with communities, Beaucage concluded, “The child protection system in Ontario is broken for Aboriginal children and youth and it must be fixed.” This report stated the need for culturally grounded, community driven children’s services for Indigenous communities. Responding to that report, MCYS worked with Indigenous partners for two years (2013-2015) to develop the current OICYS.

In September 2015, the AOCYS received Cabinet and Treasury Board approval to move forward with implementation. This is a visionary document. In other words, the strategy is implemented in the regular activities of the Ontario government, and is fleshed out in a number of other policies and strategies. This makes it incredibly important as a strategic document but also difficult to track at the program level.