FOR IMMEDIATE RELEASE
October 31, 2022
On October 21, 2022, the Assembly of Nova Scotia Mi’kmaw Chiefs (Assembly) was made aware that the Government of Canada is intending to make changes to the Indian Act. This information was brought to their attention by a third-party, not by the Department of Indigenous Services Canada (ISC).
The Assembly is frustrated and angered, that ISC would attempt to make changes to policies that impact Indigenous people in Canada, without proper consultation of the people whose lives are directly impacted by these amendments. This goes against the promises of working towards reconciliation and Articles 18 and 19 of the United Nations Declaration on the Rights of Indigenous People – which Canada said they would uphold with the passing of Bill C-15. The deadline for comment imposed by ISC is November 1, 2022.
“Not properly engaging our communities and then pushing through legislative changes on such a restrictive timeline is wrong and disrespectful,” said Chief Sidney Peters, Co-Chair of the Assembly of Nova Scotia Mi’kmaw Chiefs. “Canada is only furthering the colonized approach that they should be working harder to move away from. This is an unfortunate step backwards in the work towards Reconciliation and the promise to build a Nation-to-Nation relationship.”
The Assembly believes reform to the Indian Act (1985) is necessary for reconciliation to take place, but simply reforming legislation that was originally intended to remove and limit the Rights of Indigenous people, and assimilate Indigenous people to settler-colonial citizenship, will always uphold colonial notions. Meaningful consultation with Indigenous communities is required to identify a legislative path forward which upholds Indigenous Rights, upholds the Honour of the Crown, and Canada’s fiduciary duty to Indigenous communities.
“Canada is making legislative changes that could directly impact the lives of our members and impact how we operate our communities. We must be part of those decisions. It is up to us to fight for our people, and we’re going to do that,” said Chief Annie Bernard-Daisley, Co-Chair of the Assembly of Nova Scotia Mi’kmaw Chiefs.
At no time has Canada upheld the Honour of the Crown, nor the Duty to Consult, with the Mi’kmaq of Nova Scotia on their proposed legislative amendments to the Indian Act. Further, this engagement process was inaccessible and inadequately communicated.
The Assembly is demanding that Canada upholds their Crown obligations and undertake formal consultation, pursuant to the Terms of Reference for a Mi’kmaq-Nova Scotia-Canada Consultation Process immediately.