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+ NISHNAWBE-ASKI NATION INTERVENTION REPORT: ROYAL COMMISSION ON ABORIGINAL PEOPLES September, 1993 * INTERVENOR PARTICIPATION PROGRAM NOTE TO FILE ORGANIZATION: Nishnawbe-Aski Nation (NAN) RE: Completion of Part II of the Contribution Agreement. Project: NAN has satisfactorily completed and submitted a brief to the Royal Commission on Aboriginal Peoples. This brief is in accordance with the conditions set out in the contribution agreement which came into effect on December 9, 1992. Certified: 1 JVL. 1/ Date: C"1 ^ '^"j, Richard(Étidgel A/Director IPP NISHNAWBE-ASKI NATION INTERVENTION REPORT TO THE ROYAL COMMISSION ON ABORIGINAL PEOPLES NISHNAWBE-ASKI NATION SEPTEMBER, 1993 TABLE OF CONTENTS Page INTRODUCTION (i) Background Statement (i) Community Consultations (ii) Profile of Nishnawbe-Aski - "The People and the Land" (iii) 1.0 SCOPE OF HEALTH & SOCIAL PROBLEMS 1 1.1 Current Social Conditions - Suicide Epidemic 1 1.2 Contributing Factors to Poor Mental and Social Health 1 1.3 Barriers to Adequate Services 2 1.3.1 Jurisdiction 2 1.3.2 Lack of Co-ordination 2 1.3.3 First Nations Management 2 1.3.4 Lack of Staff 2 1.3.5 Distance 2 1.3.6 Appropriateness of Existing Services 2 1.4 Guiding Principles for Health and Social Development 5 2.0 HEALTH ISSUES 7 2.1 Historical Perspective 7 2.2 Mental Health 9 2.2.1 Suicide Crisis 10 2.2.2 Youth Forum 11 2.2.3 Mental Health Policy 11 2.3 Family Violence 13 2.4 Treaty Rights 13 2.4.1 Non-Insured Health Benefits 14 2.4.2 Traditional Healers 15 2.4.3 Midwifery 15 2.5 Training Needs 16 2.6 Aids 17 2.7 First Nations'Control 19 TABLE OF CONTENTS 3.0 SOCIAL SERVICES ISSUES 21 3.1 Historical Overview 21 3.2 Impacts of Government Jurisdictions on Social Services 22 3.3 Social Services and Self-Government 25 3.4 Social Services Management Framework 27 3.5 Housing and Community Infrastructure 29 4.0 EDUCATION 31 4.1 Historical Background 31 4.2 Declaration of Political Intent (DPI) 32 4.3 Education Jurisdiction 36 5.0 JUSTICE ISSUES 41 5.1 Traditional Justice 41 5.2 The Steering Committee and Working Group on the Administration of Justice in the Nishnawbe-Aski Nation 42 5.2.1 Working Group 42 5.2.2 Steering Committee 43 5.2.3 Activities and Issues 43 5.3 Ontario Joint Aboriginal Anti-Racism Committee 44 5.4 NAN Policing 45 5.5 Corrections - Memorandum of Agreement 46 6.0 LAND, RESOURCES and the ENVIRONMENT 49 6.1 MOU Framework Agreement 49 6.2 Economic Development 50 7.0 NISHNAWBE-ASKI NATION GOVERNANCE 53 7.1 The James Bay Treaty No. 9 (1905) 53 7.2 Canadian Constitution 56 7.3 Nishnawbe-Aski Nation (NAN) Governance 57 7.4 Indian Act and Ammendments 61 7.5 Taxation 62 8.0 REBUILDING THE RELATIONSHIP 63 ANNEXES: I A The Historical Relationship of the Nishnawbe-Aski Nation with Canada and Ontario B NAN Completed Suicides: Eight Year Summary C Suicide Prevention - Recommendations D "Youth Helping Youth" - Recommendations E Recommendations for Mental Health Program Development and Delivery F Community Consultation Summary : Recommendations for Community Action to Address Family Violence G Medical Services Branch - Policy Regarding Traditional Healers (April 5, 1991) H NAN Resolution 93/04 I Recommendations From Nishnawbi-Aski Consultations: Aboriginal Health Policy J NAN Resolution 93/83 K Recommendations to the Ministry of Corrections: Memorandum of Agreement L Framework Agreement on Land, Resources and the Environment (Draft) M Framework Agreement on Governance (Draft) N NAN Resolution 93/70 O NAN Resolution 93/69 P NAN Resolution 93/79 INTRODUCTION (i) ^INTRODUCTION Background Statement In 1977, Grand Council of Treaty #9 lobbied for, and became directly involved in the Royal Commission on the Northern Environment (RCNE) which was enacted by the Ontario Legislature to conduct public hearings throughout Northern Ontario. Those hearings were held in northern cities and towns, and in most of the Nishnawbe-Aski Nation (NAN) communities for nearly three years at a cost of over $20 million dollars. It was the understanding of the Grand Council at that time, that the Ontario Government, through the RCNE, would not only elicit grass-roots response for the preservation and conservation of the northern lands and resources traditionally occupied by the NAN communities, but also, to provide lasting solutions to the many socio-economic problems which were rampant in all of our communities. What were the results and benefits of the RCNE to the Nishnawbe-Aski Nation? In fact, very little, other than the establishment of the Indian Commission of Ontario (ICO) whose role was to undertake tripartite negotiations between Ontario, Canada and Ontario First Nations. Grand Council Treaty #9 was most instrumental in setting up the ICO, which later chaired the negotiations on lands, resources, environment and self-government sectors under the Memorandum of Understanding (MOU) that was signed in February, 1986, between NAN, Ontario and Canada, and reaffirmed in 1990. In 1990, the Interim Measures Agreement (IMA) between NAN, Ontario and Canada was signed which dealt with the immediate issues affecting land, resources and environmental matters while the MOU was being negotiated. Proposed Framework Agreements on Land, Resources, Environment and Governance, including a revised Interim Measures Agreement were recently adopted by the NAN Chiefs under the MOU negotiations through community consultations. Presently, NAN is continuing its efforts to pressure Canada and Ontario to clarify their respective positions and to proceed within the MOU negotiations process. In this report to the Royal Commission on Aboriginal Peoples, NAN wishes to focus on the MOU process and Aboriginal Rights confirmed by Treaties, as the major themes to the various issues and recommendations being presented to the Commission. (ii) i^The Commission will note that substance and specific recommendations to community problems and issues facing Nishnawbe-Aski First Nations are expressed to the point. Having noted NAN's previous involvement on other Royal Commissions and Provincial Inquiries, the Royal Commission on Aboriginal Peoples must offer NAN the assurance that this report will be accepted in whole, and that each of its recommendations will be implemented by both levels of government in good faith and goodwill, as part of their continuing obligations under Treaty No. 9, and at the MOU Negotiating Table. COMMUNITY CONSULTATIONS The process for the collection of information of this report to the Royal Commission on Aboriginal Peoples was established under the mandate of the Grand Chief of the Nishnawbe-Aski Nation. This consultation process involved the time and effort of many individuals within NAN, Nishnawbe-Aski First Nations, Tribal Councils, Independent First Nations and public service agencies during these past few months. Data and information collected, consisted of the following activities: 1. A review and analysis of conference/workshop reports, funding proposals, studies, contribution agreements, panel/hearing/inquiry reports, position papers and Chiefs Resolutions. Concerns and recommendations from these sources were extracted and included in this report, where deemed relevant and considered as First Nation priorities. 2. Tribal Councils co-ordinated their own alternative methods of community consutations and data collection from their respective First Nations. 3. Interviews and meetings were conducted with various project and program staff throughout all levels of the Nishnawbe-Aski Nation. 4. Consolidation and preparation of this Final Report was co-ordinated by an independent consultant engaged by NAN for submission to the Royal Commission on Aboriginal Peoples. (iii) Profile OF THE NISHNAWBE-ASKI AREA - "The People and the Land" The Nishnawbe-Aski (which means "People and the Land") area occupies between one-half to two-thirds of the whole of Ontario. It stretches across the north of the province in dimensions of about seven hundred (700) miles in length and four hundred (400) miles in width. Nishnawbe-Aski spans from the Manitoba to Quebec border, the Hudson's and James Bay watershed and roughly the Canadian National Railway line to the immediate south. The Treaties No. 9 and 5, include the geographical areas of the districts of Cochrane, Timiskaming, Sudbury, Algoma, Thunder Bay and Kenora. Nishnawbe-Aski includes forty-six (46) Cree and Ojibway communities ranging in size from thirty (30) to one thousand six hundred (1,600) First Nation members. Most communities (79%) are designated as isolated with only fly-in access. Many, but not all communities have air strips. For those without, during two months each year when there is "freeze-up" and "break-up", these communities have no direct access to the outside world other than telecommunications. Nishnawbe-Aski area has a total on-reserve population of approximately 26,000. Over 67.9% of this population is under thirty (30) years of age. This means that the education level is less than Grade nine (9). Contrary to Statistics Canada's recent announcement that the national average unemployment rate in Aboriginal communities is 35%, the unemployment rate within NAN communities presently ranges between 65 to 95% depending on seasonal activities. Where employment exists, it is primarily seasonal (fishing, trapping, guiding, tourism), with the result that social transfer payments account for the bulk of family incomes. Nishnawbe-Aski is represented by the political organization called Nishnawbe-Aski Nation. A chronological outline of the Nishnawbe-Aski peoples' historical relationship with Canada and Ontario is included as Annex A of this report for the benefit of the reader. SCOPE OF HEALTH AND SOCIAL PROBLEMS W 1 >1.0 SCOPE OF HEALTH & SOCIAL PROBLEMS 1.1 Current Social Conditions - Suicide Epidemic Statistics provided by the Sioux Lookout NODIN Counselling Program and the Moose Factory Zone Hospital show that Nishnawbe-Aksi communities are in the midst of a full scale suicide epidemic.
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