Yellowhead Briefs

If federal lawyers are successful in challenging the latest Candian Human Rights Tribunal Ruling on Jordan’s Principle, there are implications for Indigenous jurisdiction over citizenship. If a community recognizes a non-status child as a band member, shouldn’t they be eligible for Jordan’s Principle support? According to Canada, the answer is no. According to Damien Lee, this is ultimately an act of political violence.

December 15, 2020 marks the five year anniversary of the Final Report of the Truth and Reconciliation Commission of Canada. In this in-depth analysis, enhanced by the expert insight of Indigenous leaders from across the country, Eva Jewell and Ian Mosby find that in 2020, Canada has completed no additional Calls to Action.

As the dust continues to settle on the inaugural term of the United Conservative Government, many groups within the private, public and Indigenous sectors are grasping the full scope of ongoing and future harm. This briefs offers an analysis of the Alberta Indigenous Opportunities Corporation (AIOC), which was hailed as a “game changer” to allow First Nations in Alberta to participate in self-determination.

What do labour regulations have to do with the First Nation Child and Families Act? In this Brief, a team of researchers finds a gap in the new legislation that places First Nation child welfare workers in regulatory limbo between federal and provincial jurisdiction.

In February 2019 Anishinaabeg communities in Ontario will vote to ratify a regional self-government agreement. While there are some expanded powers and new resources for communities, the Agreement is founded on outdated federal policies.

This Brief examines the recent commitments from the federal government in relation to the existing information about infrastructure deficits in First Nations. Specifically, how do physical distancing/isolation requirements align with housing, water, and health services needs in First Nations? 

In the 35 years since Section 10 band membership codes began allowing First Nations to control their membership lists, an increasing number of people have challenged the ways their communities determine belonging. Authors of this brief show that two-spirit families are ushering in a new era of challenges that bring Section 10 heteropatriachy to the fore.

As the dust continues to settle on the inaugural term of the United Conservative Government, many groups within the private, public and Indigenous sectors are grasping the full scope of ongoing and future harm. This briefs offers an analysis of the Alberta Indigenous Opportunities Corporation (AIOC), which was hailed as a “game changer” to allow First Nations in Alberta to participate in self-determination.

In June 2015, the Truth and Reconciliation Commission of Canada (TRC) released its Executive Summary and 94 Calls to Action. This brief is a report card and analysis of the progress on the calls, assessing the completion of the 2015 Calls to Action. As of December 2019, only 9 of the calls have been completed.

It has been a whirlwind 100 days for the United Conservative Party (UCP) in Alberta following the formal return of conservatism in April. Indigenous individuals and communities will be impacted greatly by the ongoing repeals and impending policy shifts arising from campaign promises. This brief considers what our communities stand to lose and what it will mean to be Indigenous in Alberta into the future.

On July 15, 2019, two new federal laws came into effect: the Department of Indigenous Services Act (“DISA”) and Department of Crown-Indigenous Relations and Northern Affairs Act (“CIRNAA”).Together, these two acts replaced and repealed the Department of Indian Affairs and Northern Development Act, RSC 1985, c I-6 (the “DIAND Act”). This brief explains the new laws, and how DISA, particularly, is an improvement over the old DIAND Act.

At the end of this parliamentary session and the (near) end of the Government’s current four-year mandate, we can now more clearly take stock of the legislation affecting Indigenous peoples that actually made it through the legislative process. This brief provides an overview of the Bills affecting Indigenous people – those that have passed, those that will not move forward, and those in progress.

Canada’s Fisheries Act has been and continues to be one of the most oppressive and one of the most contentious of these acts. This brief reviews the potential impact of the proposed amendments to the act that are currently being reviewed by the Senate.

As the federal government moves towards new Indigenous self-government and service delivery policies, the central component is a revised fiscal relations regime. However, from a treaty perspective, there remains concerns with the proposed funding model.

This latest brief is a warning from Aotearoa about why Indigenous peoples should be concerned about USMCA, the new continental free trade agreement, framing exception clauses as “tools being used to circumvent our participation in the governance of our own territories.”

Last month, the National Post ran a story titled, “Saskatchewan Launches 16-month undercover sting to catch First Nations man illegally selling $90 worth of fish. Seriously.” This brief contextualizes this instance within a larger context of power relations between government agenda and Indigenous peoples, accountability and surveillance.

This brief examines the status of the $2.6 billion in new funding promised by the federal government for First Nation education. Since publishing this brief, the Department of Indigenous Services Canada contacted Yellowhead, providing specific information with respect to expenditures in First Nations elementary and secondary education.

Last week, the Ontario government announced the elimination of the independent office of the Ontario Child Advocate. This move severs the investigations and advocacy function previously housed in the Advocate’s office, cutting this critical level of oversight. Removing this protections for First Nations, Inuit and Metis children and youth should raise concern for every family and community.

On October 23, 2018, Yellowhead Institute held an official launch event centred on the pending Indigenous Rights, Recognition and Implementation Framework legislation. Here, we share highlights from the event and panel discussion, where three key themes emerged regarding the framework: Regional Contexts, Exclusion of Women, Queer, Trans and Two-Spirit Perspectives and Treaties, Relationship and the Land.

Earlier this year the federal government launched the Indigenous Homes Innovation Challenge, an award of $30 million dollars for a project that improves people’s health, safety and security on reserves. Lost in the critique of this challenge, are any in-depth, community-based responses to the Challenge. This is not the ideal solution. But if there is genuine engagement with community needs, could it offer some relief?

From the very first encounter with police, contact with the criminal justice system for Indigenous people is loaded with disproportionate penalties. A recent Supreme Court of Canada decision of R v Ewert finally recognized the critical role played by Correctional Service Canada that may be unjustly keeping Indigenous peoples behind bars for longer, under far worse conditions than their non-Indigenous incarcerated counterparts.

While the emerging rights framework is certainly limited and based on the flawed presumption of Canadian sovereignty over Indigenous lands and peoples, this new channel of dialogue with the Crown for the Métis National Council, its five governing members, and the Métis Settlement General Council is itself a fairly profound development.

Since 1987, Additions to Reserve Policy (ATR) has been Canada’s pathway for First Nations to create new reserves. Two years have passed since INAC finalized the most recent ATR policy. This brief reviews the impacts of changes and the challenges that still need to be addressed.

Yellowhead Associate Fellow, Damien Lee considers the impending and dramatic changes to Indian Status rules and the consequences for Indigenous notions of belonging and relationality.

Clarifying misconceptions about Specific Claims outlined in Tom Flanagan’s most recent article, “Specific Claims and the Well-being of First Nations”, released recently by the Fraser Institute

Rather than address fundamental issues of land distribution, the federal government is prioritizing “fiscal capacity building” in an effort to prepare bands – not for self-determination – but for compliance with the self-government policy that does not expand the authority of First Nations over their traditional territories.

Given the challenges the Inquiry has faced to date, a number of issues need to be addressed in order to restore confidence in the Inquiry’s ability to affect change.

Why is the split of INAC in line with the federal government’s neoliberal agenda? How does the restructuring of INAC support Canada to continue avoiding responsibility to First Nations?

There is no question that the Indian Act must go. Its assimilation provisions, restrictions on mobility, violating nearly every treaty, aggressive patriarchy, and the dismantling of authentic First Nation governance models is all well documented. So the question becomes which path do we take from here?