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Crown-Indigenous Relations and Northern Affairs Canada and Indigenous Services Canada implementation of Canada’s National Action Plan on Women, Peace and Security

Introduction

Canada’s second National Action Plan on Women Peace and Security (2017-2022) mentions some of the issues facing First Nation, Inuit, and Métis women and girls in Canada It states that, although Canada is not a conflict-affected state, Indigenous women, girls, and Two-Spirit, lesbian, gay, bisexual, transgender, queer, questioning, intersex and asexual (2SLGBTQQIA+) people in particular face intersecting discrimination and violence based on gender, race, socioeconomic status, and other identity factors, as well as underlying historic causes—in particular the legacy of colonialism and the devastation caused by the residential school system. The lessons-learned from the experiences and consequences of colonialism and the continued challenges faced by Indigenous Peoples in Canada will help improve Canada’s capacity to respond to challenges faced by women and girls abroad.

Furthermore, during engagement with Indigenous women in the context of Canada’s National Action Plan, Indigenous women’s organizations and partners have been clear that the security of Indigenous women, girls, and 2SLGBTQQIA+ people is an important challenge and concern.

Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) and Indigenous Services Canada’s (ISC) Joint Implementation Plan is the first of its kind. It is a domestic blueprint of some of the Government of Canada’s initiatives to address the insecurity faced by Indigenous women, girls, and 2SLGBTQQIA+ people in Canada. These initiatives seek to address the violence against Indigenous women, girls, and 2SLGBTQQIA+ people, to promote gender equality, and to promote the empowerment of Indigenous women, girls, and 2SLGBTQQIA+ people wherever they reside.

CIRNAC and ISC’s Joint Implementation Plan also reflects the Government of Canada’s commitments regarding the United Nations Declaration on the Rights of Indigenous Peoples (the Declaration) and the Sustainable Development Goals. For example, Article 22 of the Declaration states that particular attention ought to be paid to the rights of Indigenous women and Global Goal #5 of the Sustainable Development Goals is focused on achieving gender equality and empowering all women and girls.

Since officially becoming supporting partners of Canada’s second National Action Plan on Women, Peace, and Security in November 2018, CIRNAC and ISC are committed to supporting its implementation. This joint implementation plan is another step towards the advancement of the Women, Peace and Security agenda domestically, and is informed by Indigenous and civil society organizations. It will be updated as objectives are met and priorities are further developed.

1. Recognizing the rights of Indigenous women and 2SLGBTQQIA+ people

The Government of Canada is committed to removing colonial barriers that impede the exercise of Aboriginal and treaty rights. Colonial and paternalistic laws like the Indian Act imposed forms of governance that harmed traditional structures for Indigenous women and 2SLGBTQQIA+ people. This has led to their disempowerment and oppression, such as displacement from traditional roles in community life and in governance. During modern treaty and self-government negotiations with Indigenous groups, federal negotiators use engagement, communication, and ratification strategies to ensure that the voices of all community members are heard, including women, youth, and Elders.

In February 2018, the Prime Minister of Canada announced that the Government of Canada would replace outdated policies with approaches that fully embrace Section 35 of the Constitution Act, 1982. To seek feedback on new approaches, the Minister of Crown-Indigenous Relations and senior officials held over 100 engagement sessions with close to 1,700 participants in 2018. Efforts were made to ensure the perspectives of women, youth and Elders were heard. Approximately 800 Indigenous women participated in the engagement, including several women’s organizations.

CIRNAC will continue to engage and co-develop a strategy with Indigenous partners on a number of rights-related policy issues. This engagement will support Indigenous communities to identify mechanisms and approaches that could strengthen their chosen systems of governance, including more gender-balanced and inclusive ways of governing.

2. Increasing participation of Indigenous women and 2SLGBTQQIA+ people in consultation and engagement processes

Research studies have noted a potential for Indigenous women and 2SLGBTQQIA+ people to be left out of governance activities and decision making, including consultation and engagement processes. One notable cause is the expectation for Indigenous women and 2SLGBTQQIA+ people to assume the role of caretaker and take up responsibility for domestic duties.

Indigenous women and 2SLGBTQQIA+ people’s perspectives should be fully integrated in consultation or engagement activities, which should be developed to include them. The Updated Guidelines for Federal Officials to Fulfill the Duty to Consult (2011) notes that gender equity is a horizontal policy objective that should be considered during any interaction between Canada and Indigenous Peoples.

CIRNAC and ISC will continue to promote enhanced engagement with Indigenous women, 2SLGBTQQIA+ people, as they lead or advise on engagement and consultation activities. This will ensure the specific concerns of Indigenous women and 2SLGBTQQIA+ people are addressed as the Government of Canada leads engagement activities.

3. Including a gender-based analysis plus lens in the development of policies affecting Indigenous women, girls and 2SLGBTQQIA+ people

CIRNAC and ISC are developing complimentary governance structures and frameworks to advance the implementation of Gender-based Analysis Plus (GBA+) within their respective departments. GBA+ is defined as an analytical process used to help identify the potential impacts of policies, programs and services on diverse groups of women, men and gender-diverse people. This means ensuring the integration of GBA+ into decision-making, policy, and service delivery, in addition to dedicating resources to GBA+ implementation.

The two departments are also collaboratively working with Indigenous and federal partners on the co-development of Indigenous GBA+ frameworks and tools respectful of distinction. This will help leverage engagement mechanisms with Indigenous partners to define how best to include the diverse voices of Indigenous women, 2SLGBTQQIA+ people, youth and other marginalized voices in policy-making, and ensure policies, programs, and services are more inclusive and responsive to diverse Indigenous needs, worldviews, and realities.

4. Eliminating known sex-based inequities in Indian registration

In August 2015, a decision was rendered in the Descheneaux case by the Superior Court of Quebec which declared key provisions of the Indian Act inoperative, because they unjustifiably violated equality rights under the Canadian Charter of Rights and Freedoms by perpetuating sex-based inequities in eligibility for Indian registration between descendants of the male and female lines. The Descheneaux decision highlighted residual sex-based inequities in Indian registration carried forward following the 1985 and 2011 amendments to the Indian Act. It also brought to light the long-standing and unaddressed broader issues relating to Indian registration, band membership and First Nation citizenship.

In July 2016, Canada launched a two-part approach to respond to the Descheneaux decision:

Bill S-3 came into force on December 22, 2017, and remedied the issues identified in the Descheneaux decision by eliminating all sex-based inequities in Indian registration dating back to 1951. As a result of the amendments that came into force on December 22, 2017, through Bill S-3, it had been estimated that between 28,000 to 35,000 individuals became newly entitled to registration under the Indian Act.

The bill also includes provisions to remove what is commonly known as the 1951 cut-off, which will eliminate all sex-based inequities dating back to the 1869 Gradual Enfranchisement Act. However, these changes are subject to a delayed coming into force to allow for consultation on an implementation plan. Unfortunately, there is no data set available to allow for the direct estimation of the number of impacted individuals. Indirect estimates based on the 2016 Census signal that 750,000 to 1.3 million individuals self-reported Indigenous ancestry. This is an indicator of how many people could potentially apply for Indian registration, and is not necessarily reflective of how many would ultimately be found eligible for Indian registration. The Parliamentary Budget Officer also provided estimates on the impact of the removal of the 1951 cut-off. In his report, the Parliamentary Budget Officer estimated that 670,000 individuals could potentially become newly entitled to Indian registration with only about 270,000 (40%) expected to become registered due to the remote connection between these entitled and First Nations communities.

In addition, according to Section 11 of Bill S-3, the Minister had to initiate consultations with First Nations and other interested parties in order to address, in collaboration with those First Nations and other parties, issues raised by the provisions of the Indian Act related to registration and band membership. The Collaborative Process on broader issues related to Indian registration, band membership, and First Nation citizenship was launched on June 2018 and ended in March 2019. It included discussions on how best to implement the removal of the 1951 cut-off, the remaining inequities related to registration and membership under the Indian Act and First Nations’ exclusive responsibility for determining membership and citizenship. A report on what was heard as part of the consultation was tabled in Parliament on June 12, 2019.

On August 15, 2019, the Government of Canada removed the 1951 cut-off from the Indian Act. This was the last remaining provision of Bill S-3 to come into force. As a result, all known sex-based inequities in the Indian Act have been eliminated.

According to independent demographic estimates, the removal of the 1951 cut-off could result in between 270,000 and 450,000 individuals newly entitled to registration under the Indian Act. The actual increase in the registered population will depend on the number of individuals who choose to apply and are able to support their registration.

5. Developing more inclusive gender identifiers on documents

A key priority for the Government of Canada is to strengthen diversity and inclusion to ensure all individuals have the opportunity to attain full economic and social participation. To support this initiative, the federal government is renewing its approach to the collection, use and display of sex and gender information to ensure Canada is inclusive of transgender, non-binary and Two-Spirit individuals.  To this end, Treasury Board Secretariat has issued a policy direction to departments to take action with respect to:

Sex and gender is currently recorded in the Indian Register and displayed on the Secure Certificate of Indian Status. CIRNAC/ISC are developing an action plan to align registration and card issuance policies with Canada’s policy direction on modernizing sex and gender information practices, by providing individuals the option to identify as a non-binary gender on their Secure Certificate of Indian Status and by introducing a non-intrusive and consistent approach for individuals to amend their sex and gender identity in the Indian Register. For more information on the policy direction:

6. Building relationships with Indigenous women’s organizations

CIRNAC is looking to enhance the Government of Canada’s relationship with Indigenous organizations that advocate on the behalf of Indigenous women.

To this effect, on June 15, 2017, Canada signed a Memorandum of Understanding with Pauktuutit Inuit Women of Canada. The goal of the agreement is to facilitate engagement with government departments with mandates impacting on the health, well-being, safety, and socio-economic development of Inuit women, as well as to assist in addressing the systemic barriers that keep Inuit women and their children in precarious living conditions. CIRNAC is working closely with the organization to establish new partnerships between Pauktuutit and other government departments.

Additionally, Canada signed an Accord with the Native Women’s Association of Canada on February 1, 2019. The Accord is the formalization of a relationship process that sets out how the Government of Canada and the Native Women’s Association of Canada will work together to ensure the voices of Indigenous women in Canada are reflected in policy, program and legislation in Canada. The Native Women’s Association of Canada’s Accord discusses how international events and human rights mechanisms can be effective to raise awareness of domestic concerns. The Accord identifies areas for discussion across government departments, including strategies to address gender-based violence and economic and social empowerment. CIRNAC will continue to work with the organization to implement the Accord and the work plan to support the different priorities.

Canada and Les Femmes Michif Otipemisiwak have been working together for many years, through a co-development approach, to support the organization’s mandate of ensuring Métis women from across the Métis Homeland are safe, connected, and empowered. In August 2020, CIRNAC and Les Femmes Michif Otipemisiwak began the process of co-developing a whole-of-government relationship agreement that will advance joint-priorities to address the needs and gaps of Métis women, girls, and 2SLGBTQQIA+ people though an intersectional GBA+ lens. The draft agreement identifies priority areas for discussion and action across government departments, including on gender-based violence, economic empowerment, and justice among many others.

7. Working with north american partners to prevent violence against Indigenous women and girls

On June 29, 2016, Canada, Mexico, and the United States announced the establishment of a Trilateral Working Group on Violence against Indigenous Women and Girls in North America (the Working Group). The Working Group consists of Indigenous and government representatives from Canada, the United States and Mexico. Its mandate is to analyze violence against Indigenous women and girls in a meaningful, constructive, and forward-looking way in order to address the disproportionate level of violence and victimization they face in North America.

Three official sessions of the Working Group have been held so far in Washington (2016), Ottawa (2017), and Mexico City (2018). Members of the Working Group also met on the margins of international conferences such as the United Nations Permanent Forum on Indigenous Issues, as well as hosting side-events to examine key issues. CIRNAC and ISC will continue to work with Indigenous women and organizations as future meetings of the Working Group take place.

8. Moving forward with a response to the national inquiry into missing and murdered Indigenous women and girls

On June 5, 2018, the Government of Canada announced an extension of the National Inquiry into Missing and Murdered Indigenous Women and Girls. The Inquiry’s Final report was released on June 3, 2019.

The Inquiry was mandated to examine and report on the systemic causes behind the violence that Indigenous women, girls, and 2SLGBTQQIA+ people experience, and their greater vulnerability to violence, by looking for patterns and underlying factors that explain why higher levels of violence occur. The Inquiry also analyzed the underlying historical, social, economic, institutional and cultural factors that contribute to violence against Indigenous women, girls and 2SLGBTQQIA+ people.

In response to recommendations in the Inquiry’s Interim report released in November 2017, Canada announced nearly $50 million of investments in: healing and health supports for survivors, family members and others affected by the issue of murdered and missing Indigenous women, girls and 2SLGBTQQIA+ people; helping victims’ families access information about their loved ones; commemorating of the lives and legacies of missing and murdered Indigenous women, girls and members of the 2SLGBTQQIA+ community; and supporting the establishment of a national investigative oversight body at the Royal Canadian Mounted Police. Canada has also taken immediate action with investments in women’s shelters, housing, education, and the reform of child and family services.

More recently, the Government of Canada announced the following additional investments: $85.6 million over five years and $10.2 million annually ongoing to build and operate 12 new shelters. Ten shelters are planned to be built in First Nations communities on-reserve and two shelters in the territories, which will help protect and support Indigenous women and girls experiencing and fleeing violence. This funding also covers health support services for survivors, family members, and those affected by the issue of missing and murdered Indigenous women, girls, and 2SLGBTQQIA people to access mental health counselling, emotional support, community-based cultural support services and some assistance with transportation costs from 2017 to 2021. Funding for Family Information Liaison Units as well as culturally-responsive and trauma-informed community-based services for families of missing and murdered Indigenous women, girls, and 2SLGBTQQIA+ people was extended to March 31, 2023.

Since fall 2019, the Government of Canada has worked with Indigenous organizations by funding their engagement activities with their members, including families and survivors, on identifying priority Calls for Justice, determining how they want to be engaged in the development of the National Action Plan, and identifying wise and promising practices for the development of the National Action Plan. Also, though the 2020 Fall Economic Statement, the Government of Canada proposes to invest an additional $781.5 million over five years starting in 2021–2022, with $106.3 million ongoing to combat systemic discrimination against Indigenous peoples and expand efforts to combat violence against Indigenous women, girls, and 2SLGBTQQIA+ people. This includes investments to support the implementation of the Gladue Principles, develop Administration of Justice Agreements with Indigenous communities and launch a comprehensive Violence Prevention Strategy.

The National Inquiry Final Report is far-reaching, complex, and deals with several underlying systemic issues. In response to the Inquiry’s Final Report, the Government of Canada is working with Indigenous partners and all governments to develop a National Action Plan towards eliminating violence against Indigenous women, girls and 2SLGBTQQIA+ people. As part of Canada’s National Action Plan on Missing and Murdered Indigenous Women and Girls, virtual discussions have been taking place since mid-May 2020 and are continuing through-out the spring of 2021.

To ensure Indigenous families, survivors, women, girls, and 2SLGBTQQIA+ people’s voices, perspectives, worldviews, and lived experiences are at the centre, the Government of Canada brought together over 100 Indigenous women and 2SLGBTQQIA+ partners from a range of government and non-government organizations to contribute to the development of a National Action Plan. It includes a National Family and Survivors Circle and a Core Working Group (CWG). The CWG is primarily comprised of the Chairs from First Nations, Inuit, Métis, Data, 2SLGBTQQIA+, Urban, and Federal Sub-Working Groups - who together with provinces and territories are developing the National Action Plan. Other Indigenous partners and grassroots service organizations were and continue to be engaged through the National Action Plan governance structure and by federal departments.

The governance structure also includes a Federal Working Group, which is responsible for developing the Government of Canada’s component for the National Action Plan, which will continue to be responsive and evergreen. The Federal Pathway is a living document, and will adapt over time to seek alignment with key partners - provinces, territories, First Nations, Inuit, Métis, Indigenous representative organizations, and governments - who will develop their own plans and/or strategies to support the National Action Plan.

On June 3, 2020, a Missing and Murdered Indigenous Women and Girls website was launched with up to date information on milestones achieved and to report on ongoing discussions.

9. Collaborating on Indigenous women’s wellbeing

ISC has established an Advisory Committee on Indigenous Women’s Wellbeing to provide the department with distinctions-based advice, guidance and direction on issues impacting the health and wellness of First Nations, Inuit, and Métis women, and to co-develop policy and service delivery options. The Committee is intended to enable a proactive, ongoing and participatory forum to advise the Department more broadly on current and emerging issues within the social determinants of health with a particular focus on gender. The Committee includes representatives from the Assembly of First Nations and Inuit Tapiriit Kanatami, as well as representatives from the Native Women’s Association of Canada, Pauktuutit Inuit Women of Canada, Les Femmes Michif Otipemisiwak/Women of the Métis Nation, the National Aboriginal Council of Midwives, the National Aboriginal Circle Against Family Violence, and the Society of Obstetricians and Gynaecologists of Canada. The Secretariat support for this committee is provided by the Healthy, Children, Youth and Families team within the First Nations and Inuit Health Branch.

Committee members have identified sexual and reproductive health as one of several priority area of focus. This is in part due to increasing reports of Indigenous women, who had been sterilized without their full, free, prior and informed consent.

Outside of the scope of the Advisory Committee on Indigenous Women’s Wellbeing, ISC recognizes the need for distinctions-based approaches to women’s issues and is supporting greater organizational capacity, and autonomy within National Indigenous Women’s Organizations to advance their self-determined gender based priorities. As such, ISC identified funding for the Native Women’s Association of Canada to cover a broad range of health and wellness priorities and outcomes, including elements of a Resiliency Centre pilot project. ISC support for components of the Resiliency Centre will assist in promoting awareness of health supports available to those impacted by the issue of Missing and Murdered Indigenous Women and Girls, facilitate culturally competent care to individuals contacting the Resiliency Centre, and aid individuals seeking supports to navigate those available from federal, provincial, municipal, and non-government organizations. ISC is also working with Pauktuutit Inuit Women of Canada to identify and develop Inuit-specific approaches to community-based health and wellness initiatives for Inuit women and girls. ISC has also entered into a new relationship/agreement with Les Femmes Michif to identify and support Métis-specific approaches to health and wellness.

Implementation framework

1. Recognizing the rights of Indigenous women (CIRNAC)

Target 1.1: Continue to review options for replacing outdated Indigenous rights-based policies that negatively impact Indigenous peoples, including women and girls, with rights-based approaches that guide the negotiation of agreements and arrangements which advance the self-determination of Indigenous Peoples, and can include traditional forms of governance respecting the inclusion and participation of women.

Baseline:

Activities:

Indicators:

2. Increasing participation of Indigenous women and 2S LGBTQQIA+ people in consultation and engagement processes (CIRNAC)

Target 2.1: Increase the participation of Indigenous women in consultation and engagement processes.

Baseline:

Activities:

Indicators:

3. Including a Gender-based Analysis Plus lens in the development of policies affecting Indigenous women, girls and 2SLGBTQQIA+ people (CIRNAC/ISC)

Target 3.1: Including Indigenous women, girls and 2SLGBTQQIA people in policy development through the integration of GBA+ into decision-making, policy, and service delivery.

Baseline:

Activities:

Indicators:

4. Eliminating known sex-based inequities in Indian registration (CIRNAC)

Target 4.1: All sex-based inequities in Indian registration are eliminated

Baseline:

Activities:

Indicator:

5. Developing more inclusive gender identifiers on documents (CIRNAC)

Target 5.1: Renew CIRNAC’s and ISC’s approach to the collection, use and display of sex and gender information to ensure the department is inclusive of transgender, non-binary and Two Spirit individuals.

Baseline:

Only binary sex and gender is collected and recorded in the Indian Register and displayed on the Secure Certificate of Indian Status.

Activities:

Indicator:

6. Building relationships with Indigenous women’s organizations (CIRNAC)

Target 6.1: Enhance the Government of Canada’s relationship with Indigenous organizations that advocate on the behalf of Indigenous women.

Baseline:

Activities:

Indicator:

7. Working with North American partners to prevent violence against Indigenous women and girls (CIRNAC and ISC)

Target 7.1: Work with North American partners to analyze violence against Indigenous women and girls in a meaningful, constructive, and forward-looking way to address the disproportionate level of violence and victimization they face in North America.

Baseline:

Activities:

Indicator:

8. Moving forward with a response to the National Inquiry into Missing and Murdered Indigenous Women and Girls (CIRNAC and ISC)

Target 8.1: Address the Calls for Justice of the National Inquiry into Missing and Murdered Indigenous Women and Girls.

Baseline:

Activities:

Indicator:

9. Collaborating on Indigenous women’s wellbeing (ISC)

Target 9.1:

Baseline:

Activities:

Target 9.2: Develop a distinctions-based approach to identify and address Indigenous women’s issues.

Baseline:

Activities:

Indicator:

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