KACL Services to First Nations Policy
Analysis Paper
May
9 2005
One of the Elders came to me and said he had a vision that all of us in Canada, including First Nations, were entering a great rapids, a rapids no one has ever travelled before. No one knows the magic route to take. No one knows all the danger spots ahead, and there could be many. This journey I was told we must be part of. We must make the voyage together because we need each other. The Elder said our skills and knowledge will be needed in the turbulent waters ahead because we all experienced, having navigated many rapids in the past.
- Ovid Mecredi from In the Rapids
Reasons for A First Nations Policy for KACL
Over 50% of the citizens in the area served by KACL are of aboriginal ancestry. However in recent years the moving of persons with disabilities from Treaty 9 well North of Kenora has impacted the funding available for KACL to serve persons in the area traditionally served by KACL including portions of Treaty 3 areas.
KACL is not an agent for the state of Canada or the Province of Ontario. It is an incorporated association of members, incorporated under the Ontario Corporations Act. Its views are autonomous from all three existing levels of Government in Canada and to the extent it does not by contract, restrict its rights to comment it does so as a free and autonomous body dedicated to the mission for which it serves (See Appendix A). The lot of persons with disabilities on First Nations Communities is a sorry one and one for which Canada should be embarrassed. The lack of understanding among Provincial and Federal Authorities and acceptance of responsibility is a further embarrassment to many Canadians who believe their National and Provincial Governments have simply failed to meet commitments made by successive governments over several decades.
In calendar year 2000 there appeared to be a number of issues facing the Association that intertwined with services to First Nations communities and peoples. The Sioux Lookout and Hudson Association have requested OACL to draft a provincial policy and commenced drafting their own policy paper. It was felt desirable by KACL Board to commence a Policy Analysis paper to assist the Association to examine its practices, beliefs and principles surrounding services to First Nations Communities and Peoples, both on and off reserve.
Background Facts
- 30 percent of Aboriginal adults report a disability, almost
twice the national rate.
- Among Aboriginal people, the 15-34 age group has a
disability rate three times the national average.
- As the Federal Task Force on Disability Issues highlighted, Aboriginal persons with disabilities share the same problems as other Canadians with disabilities, but these are worsened by jurisdictional issues:
-The lack of disability-related services available on-reserve often forces Aboriginal people to abandon their communities in search of these supports;
-However, once off-reserve, Aboriginal persons with disabilities face jurisdictional barriers in accessing these supports and services. [1]
- In 2005, only three (3) of one
hundred and thirty four (134) Fist Nations communities in Ontario have any
services or supports for their members.
In Northwestern Ontario, aboriginal people from First Nations communities
have to leave their home communities in order for them to receive supports
and services. They not only have to
contend with their disability, they have to contend with a loss of
culture, language and family
ties. [2]
- On September 8, 1989, there was a
news release from the Ministry of Community and Social Services, whereby
Charles Beer, the Minister of Community and Social Services announced
approval of funding for “Ontario’s
first Lifeskills Program on an Indian Reserve”. “The funding announced today is part of
the commitment of the Ministry of Community and Social Services as
outlined in its Multi-Year Plan for community living. The plan is intended to ensure that
appropriate services and supports are in place at the local community
level to provide opportunities for independent living for people with
developmental disabilities.”
Community Living Wikwemikong Anishinabe in 2005 now has a group
home, a respite care unit, a multi sensory unit, supported employment,
supervised independent living, and a second hand clothing and household
goods store and have also secured apartments for independent living, with
the Wikwemikong Unceded Indian Reserve housing program. [3]
- In 2004, Community Living Ontario Board of Directors passed a resolution stating: “Resolved, that Community Living Ontario take the position that First Nation communities throughout the Province be extended the same opportunities for funding and community service delivery as in every other community in Ontario”.
Past History of KACL Services to First Nations People
Kenora Association for Community Living has been providing services to persons with special needs since 1960.Services to persons of First Nation commenced simultaneous with other consumers. While numbers and percentages have differed between programs and over time First Nation consumers account for roughly 50% of the client groups served by KACL. KACL has been proud to be associated with First Nations cultures from the very early stages of its development. Many of the same issues of powerlessness, devaluement, and lack of respect felt by persons with development handicaps and Associations supporting them have been mirrored for First Nations and their citizens. Some cultural traits associated with first nations have been valued by KACL: respect for collective interests, community, spiritual over material values and inclusiveness.
Protocols - Respect and Sensitivity to First Nation’s Culture
It is a standing order especially to the Children Services Director who staffs enter several First Nation’s territory to ensure that new staff is properly oriented to informal protocols and manners of doing business. However, no formal protocols are in place. While respect is an attitude not totally susceptible to being trapped or transferred by paper, a paper protocol may serve to identify issues, clarify proper procedures for providing services on First Nations communities and notifying First Nations Council when a person with a special needs wishes to move to Kenora for services and for requesting funding supports etc.
KACL Services to children attending Kenora Schools
While no one can deny certain benefits from
First Nations children receiving schooling in their home communities, KACL
believes that no child should be denied education where local schools do not
exist. Nor should children with special needs be denied an education because of
the absence of local supports. Children
from First Nation Communities should be entitled to education services on par
with non-handicapped brothers and sisters. Where such education requires such
children to attend schools in Kenora KACL will provide services without regards
to status.
A special case of services to children with special needs was the relationship established with Native Children’s Aid Society, Tikinagan covering Treaty Nine. The Association assisted Tikinagan to find homes for specialized foster care in the City of Kenora and has assisted in the financial administration of certain contracts. Such administration has permitted KACL to get closer to young consumers who are residence in Kenora during their school age years.
On the other hand several concerns had been expressed with respect to this practice:
- Does it perpetuate the myth that persons with special needs cannot be serviced in their home communities?
The Association believes the answer to this question is clearly yes. The notion that a team of experts and professionals are necessary to service the larger number of our consumers is strong both in the larger Canadian society and in the native community. Sending children out to white communities perpetuates the myths that they must be sent out. First Nation’s Community leaders have indivaated their intentions clearly (For example see Gail Shattler, Foster Care Supervisor Memorandum below)
- Does the act of facilitating persons off First Nations community hinder the development of the infrastructure that may be necessary to support persons on First Nations community?
Again the Association believes the answer to this question again must be answered in the Affirmative. Taking individuals out of the community lessens the need for the federal and provincial government to resolve jurisdictional disputes and determinations as to the responsibilities of both levels of government.
- Once children come to Kenora to attend school, are family, cultural and heritage and identity ties are broken.
Definitely and with devastating consequences. Such broken ties are no less painful then they were for local families in Kenora when in the past their children had to be sent to Thunder Bay.
Kacl will continue to examine the role it
can play to foster the development of services and attitudes that will permit
children to remain in their home communities. KACL should in general restrict
its efforts to First Nations living in Kenora and those First Nations
Communities adjacent and within its Services Area. It will support any efforts
made on behalf of First Nations to keep their children in the local home
communities.
Reporting Native Status Information to MCSS
This issue was raised by a former MCSS Program Supervisor who was informed that informal policy of KACL was not to do so. The Supervisor did not push the issue further. The Executive Director is not aware of any written policy on this point. It is difficult to identify what part of our urban served population is either of First Nations ancestry or identity. Further many of the urban aboriginal population do not fit comfortably into principles designed to govern the relationship between collectivities.
Children Services to First Nations Communities within Its Traditional Service Area
The Association will not stand in the way of First Nations Communities taking over services in their own their communities. However as long as our services are desired KACL should be present within its traditional service area.
The benefits to KACL of being involved include:
- Where we have been involved secondary developmental damage has been lessened.
- Transition to the adult programs has been greatly facilitated.
- KACL’s identity as an Association dedicated to all persons with special needs is enhanced.
Adult Residential Services for Persons from First Nations Community
Prior to approximately 1993, many consumers came into service by way of repatriation from North West Regional Centre an institution operating in Thunder Bay. As such individuals came from North West Regional Centre the Association received funding to provide services. Since 1993 individuals have come directly into services directly from their homes on First Nations communities or from Children Service providers such as Ojibway Tribal Family Services, Tikinagan and Kenora Patricia Family and Children Services. No funding has followed such individuals.
We are informed by Federal officials that, by agreement and the Canadian Health and Social Transfer ACT (CHST), the Province has accepted responsibility for providing Social Services (of a comparable nature) to natives in return for federal funding). Maria Ansoar, Senior government Relations Officer with Indian Affairs indicated that she would have the appropriate person sign a letter to this effect but KACL has not received such a letter. She indicated that if this were not being done she would like to know about it. Local officials indicate that there is no funding for persons from Northern First Nations.
KACL
should in general restrict its efforts to First Nations living in Kenora and
those First Nations Communities adjacent and within its traditional services
area. KACL will continue to serve consumers which it previously accepted but it
will not take on additional services to persons outside its traditional service
area. It will support any efforts made
on behalf of First Nations to keep their children in the local home
communities.
Board Rep
There is no formal requirement to have a representative reflecting a First Nation’s Perspective. However, succeeding generations of nominating committees have attempted to have at least one person who, at the very least, was familiar with First Nations Community Issuers. If there were none, it would be highly desirable to have a person with observer status.
Appendix A KACL Mission Statement
The goal of KACL is to ensure that all persons with special needs have the opportunity to live a meaningful and satisfying lifestyle and interact as an equal in their community by providing continuing opportunities for personal growth through education, training, support, advocacy and an informed public.
Appendix B Glossary of Terms
Abinoojii : A First Nations Children Aid Society serving Wabaseemoong (White Dog), Asubpeeshoseewagong Netum (Grassy) and Wauzhushk Onigum (Rat Portage)
Band Council: A council consisting of chief and elected counsellors set up under the Indian Act.
Elders Council: A more First Nation’s traditional organization
First Nations: Aboriginal communities
NNEC Northern Nishnawbe Education Council
Tikinagan: A First Nations Children’s Aid Society serving Treaty Nine Area
Treaty 3 - refers both to a treaty signed by aboriginal peoples covering rights of natives within a specified geographical area including Kenora. It now also is used to refer to an organization that represents their interest (Executive Director Reid Thompson)
Weagamow A Treaty Nine First Nations Community which is seeking a group home
Weechi-te-win - A First Nations Children’s Aid Society serving
Appendix A Memorandum
To: All Foster Parents
From: Gail Shattler, Foster care Supervisor
Date: May 11, 2001
Subject: Placement of Children Outside of Tikinagan jurisdiction
Senior Management has decided that effective June 1, 2001 no new placements will be allowed outside of Tikinagan’s geographical jurisdiction. There is a concern about the number of children that continue to be removed from Northern First Nations and placed outside of our agency’s jurisdiction in southern urban centres. Removing children from the north breaks their connection with their home community and its circle of support and their cultural background.
Tikinagan was founded on two basic principles, as handed down by the Chiefs. First, that no more children would be lost from our communities. Second, that a child and family service agency be created that would work with the people for the people, while respecting culture, heritage and the concept of the extended family. The overall goal of Tikinagan Child and family Services is to keep our children with us and with our communities.
Furthermore, the Rates and Placement Review Committee will be reviewing current placements outside of our jurisdiction and will begin this review with all cases where children are placed in Thunder Bay, Wabigoon and Kenora area.
Therefore, the Foster Care Unit will not be recruiting applicants outside our jurisdictional area. The decision is to close foster homes that have been inactive for a period of time or after a child (ren) leaves the placement.
Appendix B Treaty 3 First Nations Community Served by KACL
Asubpeeshoseewagong Netum (Grassy), Iskatewizaagegan, Shoal Lake 39, Noatkomegwanning – White Fish Bay, Ochiichagwe Babigo Ining (Dalles), Onigaming (Sabeskong), Northwest Angle 33, Northwest Angle 37, Shoal Lake 40, Wauzhushk Onigum, (Rat Portage), Wabaseemoong (White Dog), Washagamis Bay (Mackenzie Portage)
Not served by KACL:
Sioux Look Area: Out Lac Seul; Dryden Area: Eagle Lake, Wabigoon
Fort Francis Area: Big Island, Big Grassy, Naicicatchewenin, Couchiching, Nickickousemenecaning, Stanjikoming, Seine River, and Lac La Croix; Thunder Bay Area: (East) Saugeen, Lac Des Mille Lacs;
Manitoba: Sagkeeng, Buffalo Point,
Appendix C Person Consulted
Brad Shean Regional Non-Insured Health benefits Client Liaison Officer Regional office, First nations & Inuit Health Branch 613-952-0098
Colin Wasacase, Ojibway Tribal Family Services Director
Marie Ansoar 416-973-1276
Elsie Chodat 613-997-0380
Treaty 3 Staff Randy White
Various First Nation’s Spokes Persons at a Children Services Framework Meetin held in Dryden A
Appendix D Federal and Provincial Policy on First Nations (In Draft)
Traditionally KACL has not got involved with First Nations political issues. However it may be beneficial to understanding current problems to review some political, legal and constitutional background.
Under the British North American Act of 1867 Legal jurisdiction of two levels of government were set, primarily in sections 91 and 92.
91. It shall be lawful for the Queen, by and with the Advice and Consent of the Senate and House of Commons, to make laws for the Peace, Order, and good Government of Canada, in relation to all Matters not coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces; and for greater Certainty, but not so as to restrict the Generality of the foregoing Terms of this Section, it is hereby declared that (notwithstanding anything in this Act) the exclusive Legislative Authority of the Parliament of Canada extends to all Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say,--
24. Indians, and Lands reserved for the Indians.
Exclusive Powers of Provincial Legislatures.
92. In each Province the Legislature may exclusively make Laws in relation to Matters coming within the Classes of Subject next hereinafter enumerated; that is to say,--
7. The Establishment, Maintenance, and Management of Hospitals, Asylums, Charities, and Eleemosynary Institutions in and for the Province, other than Marine Hospitals.
13. Property and Civil Rights in the Province.
In 1965 the Federal Government entered into an agreement commonly referred to as the 1965 Indian Agreement. Under the terms of the agreement the Provinces would provide certain services and the Federal government would reimburse the Provinces. Unfortunately nothing was provided for support services to persons with special needs. Hence the provinces have been very reluctant to provide any such services.
Post confederation, government policy at both Federal and Provincial level has been separation on reserves, but the goal was assimilation.[4]This continued up to the defeat of the 1969 Federal Government white paper by organized resistance of First Nations people to their assimilation. The Federal Government basic philosophy in the 1969 paper was that the system of separate treatment and administration held First Nations persons back. The government proposed equality, essentially undifferentiated citizenship. Indian Affairs would be phased out, services to Indians would be would be provided in the same way as other Canadians and existing treaties would be equitably ended[5]
The Act which brought the Canadian constitution home included a clause which honoured traditional Aboriginal rights and treaties:
RIGHTS OF THE ABORIGINAL PEOPLES OF CANADA
35. (1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.
(2) In this Act, "aboriginal peoples of Canada" includes the Indian, Inuit, and Métis peoples of Canada.
(3) For greater certainty, in subsection (1) "treaty rights" includes rights that now exist by way of land claims agreements or may be so acquired.
(4) Notwithstanding any other provision of this Act, the aboriginal and treaty rights referred to in subsection (1) are guaranteed equally to male and female persons. (17)
The Courts have decided case by case decided what the aboriginal rights may be.
Under various Treaties signed between the Federal Government and various Indian Nations (see for example website www.treaty3.ca the Federal government have taken on certain legal obligations. However it is not clear to KACL what these obligations are?
The Report of the Royal Commission on Aboriginal affairs was released November 21 1996 and has been endorsed by several aboriginal groups.[6] The Report is massive and over whelming. Government has been slow to move on implementation. The Report has not been sent to committees of either House of Commons or Senate. The Commission organizes its report on a Nations-to-nations “full exercise of Aboriginal nationhood which requires a “territorial anchor”. A severe distinction was made between on reserve and off reserve: “services to Aboriginal people in urban are generally delivered without regard to legal or treaty status” [7]
We are getting ambiguous directions from government officials with respect to Provincial responsibilities on and off reserve, possibly differences exist depending on the area concerned e.g. Health, Social Services and Education. We anticipate a written response in the near future.
MCSS Commitment to Services for First Nation’s Children
There has been a great deal of ambiguity on the part of the Province of Ontario MCSS with respect to services to First Nations Communities. At one time the official Provincial stand appeared to be that the Province of Ontario does not provide children services on First Nations communities. KACL to the knowledge of local officials has done so since the beginning of each new program delivered by KACL. Similarly numerous other programs have as well to the knowledge of KACL. For example Special Services at Home funding is directly administered by MCSS.
While we have been informed for some period that the Province of Ontario does not provide services on First Nations communities, KACL to the knowledge of local officials have done so at least since the beginning of each new program delivered by KACL. Officials in the Department of Indian Affairs have informed us that the Province is responsible for providing services to First Nations peoples on a comparable basis with other provincial people (Marie Ansoar 416-973-1276).
Appendix E Further Reference
Brooks, Stephen (1998) Public Policy in Canada, An Introduction, 3rd Edition, Toronto: Oxford University Press, 1998
Cardinal, Harold (1969, 1999) The Unjust Society, Vancouver: Douglas & McIntyre, 1999
Dickson, Olive Patricia (1992) Canada’s First nations, A History of Founding Peoples from Earliest Times, Toronto: McClellan & Stewart 1992
Flanagan, Tom (2000) First Nations Second Thoughts, Montreal McGill-Queen’s University Press, 2000
Fleras, Augie and Jean Leonard Elliott (1992) the Nations Within, Aboriginal – State relations in Canada the United States, and New Zealand, Toronto: Oxford University Press, 1992
Fournier, Suzanne and Ernie Crey, Stolen From Our Embrace, The Abduction of First Nations Children and the Restoration of Aboriginal Communities
Frideres, James S. (1998) Aboriginal Peoples in Canada, Contemporary Conflicts, 5th Edition, Scarborough, Ontario; Prentice Hall Allyn and Bacon 1998
Ignatieff, Michael (2000) The Rights Revolution, Toronto: House of Anansi, 2000
Johnston, Basil (1982) Ojibway Ceremonies, Toronto: McClelland & Stewart, 1982
For Seven Generations, An Information Legacy of the Royal Commission on Aboriginal Peoples: Final report of the Royal Commission and Diverse Reports, CD (KACL has one Copy)
Mecredi, Ovid and Mary Ellen Turpel (1994) In The Rapids, Navigating the Future of First Nations, Toronto: Penquin Books, 1994
Morris, Alexander (1880, 2000) The Treaties of Canada with the Indians, Toronto; Prospero 2000
Muller, Hugo Why Don’t You, A Look at Attitudes towards Indians
Robertson, Heather (1970) Reservations Are For Indians, Toronto: James Lewis & Samuel, 1970
Ross, Rupert (1992) Dancing With a Ghost, Exploring Indian Reality, Markham: Octopus Publishing, 1992
Ross, Rupert (1996) Return to The Teachings, Exploring Aboriginal Justice, Toronto: Penquin Books, 1996
Smith, Melvin H. (1995) Our Home or Native land? What Governments' Aboriginal Policy Is Doing to Canada, Toronto: Stoddart