Six Nations requests right to choose to be included in Indigenous Health Legislation

A stethoscope hangs on a white wall and a plastic container hangs underneath it.
Six Nations have approved a Band Council Resolution requested for an opt-in or out clause be included in Canada's new Indigenous Health legislation set to begin in 2024. Photo: Pixabay
Andrew Dow - CJKS - OhswekenON | 06-10-2023
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Six Nations Elected Council (SNEC) has sent a letter to Indigenous Services Canada stating Six Nations position on the proposed new Indigenous Health Legislation. SNEC is arguing that the community should have the right to choose if they will be included in the legislation after consulting with the community and determining if this legislation will support the needs of the Six Nations.

On Sept. 26, council passed a Band Council Resolution requesting that an opt-in or out exclusion clause be included in the proposed new Indigenous Health Legislation.  SNEC voiced their concerns with the new legislation saying that Six Nations was not properly engaged in the drafting of the bill, they were not able to properly engage with the Six Nations community, and funding concerns also arising.

The new Indigenous health legislation is currently being planned to be implemented during the winter of 2024. It would see the Government of Canada and Indigenous Services Canada commit to fully implementing Joyce's Principle into health services, and to have that guide the work in this legislation to support access to high quality and culturally relevant healthcare services for all Indigenous people in the country.

Six Nations says more time is needed to be sure that the legislation will have a positive impact in the community, and that more engagement has to be done at a community level to have a healthcare system that fits the needs of each individual First Nation instead of having all Indigenous Healthcare under the same regulations.

Joyce's Principle is named for the Indigenous woman who died in 2020 without receiving care after seeking treatment at a medical centre in Joliette, Quebec.

Joyce's Principle website states: "Joyce’s Principle aims to guarantee to all Indigenous people the right of equitable access, without any discrimination, to all social and health services, as well as the right to enjoy the best possible physical, mental, emotional and spiritual health."

Coun. Audrey Powless-Bomberry says she believes the Indigenous Health Legislation has already been developed and that Six Nations was not engaged in a timely manner. "We need more time to work with our entire community to find out what they want."

Coun. Greg Frazer spoke on his concerns and areas within the legislation that he felt needed more addressing. "We weren't consulted on this, and to me it lacked a lot of specifics, it didn't address a lot of the specific needs to certain areas of indigenous health care, and also it didn't address a lot of our needs."

Coun. Nathan Wright, says council needs to focus on the exclusion clauses due to funding disadvantages Six Nations could face. "I think we really need to look and zero in on some of these exemption clauses and see what they mean for  us because at the end of the day, I agree. This is going to hurt us," he said. "I'm particularly concerned about the funding models that's going to come down where we're capped at a certain percentage. Not only are we capped at a certain percentage, we get the money last. Those that need it, they get it first."

Clair Pietron, SNEC strategic advisor and systems analyst conducted community surveys during the month of September and detailed that there was no community support for Canada's new Indigenous Health Legislation within the 191 responses or interactions from the survey.

The recommendation that SNEC moved and passed during the September 26 General Council meeting to submit a Band Council Resolution states as follows:

That the Six Nations of the Grand River Elected Council approve the approach recommended by the strategic advisor and systems analyst for a community response on the changes to the Indigenous health legislation work being done by Indigenous Services Canada and specifically request opt in or out exclusion clauses or any other legal or political remedies that may arise for any first nation that so chooses.

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