Page - 59 - in VULNERABLE - The Law, Policy and Ethics of COVID-19

59COVID-19 and First Nations’ Responses Indigenous responses to the COVID-19 pandemic have been multiple and varied across Canada. However, they all build on mul- tiple sources of authority for assuming the jurisdiction needed to protect citizens of First Nations. Some Nations have chosen to enact bylaws (a power granted to band councils under subsection 86(1) and (4) of the Indian Act) or have claimed their authority and rights under treaties. Others have affirmed their ongoing and inherent jurisdic- tion, recognized in the unceded title to their traditional territories, or have anchored their responses in their Indigenous legal orders, both in the exercise of customary laws and modern codified and legislated authority. Many have invoked their sovereign rights of self-determi- nation, as provided for in UNDRIP and which is grounded in multiple sources of authority. Many First Nations have decided to continue with measures stricter than those of the provinces and adjoining municipalities, in the face of eventual multiple waves and spikes of infection. First Nations communities are not typically located near large urban centres and, therefore have increased vulnerability to infectious diseases such as COVID-19. By virtue of being Indigenous, there is also less health care infrastructure. An increasing number of First Nations have declared a pan- demic and a state of emergency, and have implemented COVID-19 responses, including restrictions consistent with federal and provin- cial jurisdictions. Some First Nations have implemented lockdowns, travel restrictions, curfews, 24-hour surveillance, checkpoints, as well as failure-to-comply fines. First Nations have limited options to enforce their pandemic responses through Indian Act bylaw provi- sions. It should be noted that First Nation responses vary and change over time as new information and cases emerge in their communities. The following examples illustrate the affirmations of jurisdiction by many First Nations in Canada in core areas relating to the overall wellness and protection of citizens of those Nations, for example, in areas of: transport; trade and commerce; health; education; matters of a local and private nature; property and civil rights; and emergency law-making powers. By regulating the “who, what, and where,” First Nations have taken positive and preventive measures to ensure the health and wellness of their community members; have created emer- gency responses and regulated trade; and have also limited travel to, from, and within their territories (both reserves and traditional ter- ritories). They have collaborated among themselves and with other governments to ensure these orders are respected. They have also