Page - 60 - in VULNERABLE - The Law, Policy and Ethics of COVID-19

VULNERABLE60 called upon others to account for their actions, including municipal, provincial, and federal governments, particularly where there has been conflict in the application and implementation of their orders. This is illustrative of the extent to which First Nations’ governmen- tal responsibilities are impacted by municipalities, provinces, and the federal government, yet most First Nations operate without the ben- efit of a taxable base, the security of multi-year funding, or the ability to incur debt. In sum, the current funding for First Nation communi- ties is one that relies on agreement between the federal and provin- cial Crowns. The lack of specific inclusion of Indigenous people in emergency legislation along with a disregard by the settler population (access to tobacco, cottages) of the interests and needs of Indigenous people is demonstrative of the ongoing asymmetrical Indigenous/ Crown relationship that places the existence of Indigenous people at risk in favour of the settler population. Trade, Land Leases, and Mobility To contain COVID-19, by early April a number of communities in Ontario, such as Six Nations,28 Rama First Nation,29 and Wahta First Nation,30 temporarily closed their communities to varying degrees, including their tobacco retailers.31 Councils issued these orders through their inherent rights jurisdiction and via Indian Act powers. Restrictions on gatherings (no more than five people) and requests to stay at home were already in place for the general population in Ontario.32 However, the response of many non-residents to Six Nations and Rama’s notices of temporary closure was to ignore the stay-in-place protocol and 28. Jennifer K Baker, “Chief Calls for Closure of Smoke Shops After Two COVID- 19 Cases Reported in Six Nations”, CTV News (29 March 2020), online: <https:// kitchener.ctvnews.ca/chief-calls-for-closure-of-smoke-shops-after-two-covid- 19-cases-reported-in-six-nations-1.4873315>. 29. Justin Rydell, “Wahta First Nation Also Closes Non-Essential Business, Ending Tobacco Sales”, CTV News (8 April 2020), online: <https://barrie.ctvnews.ca/ wahta-first-nation-also-closes-non-essential-business-ending-tobacco-sales- 1.4888729>. 30. Ibid. 31. Lindsay Richardson, “Influx of Non-Residents Chasing Gas, Smokes and Pot Putting First Nation Communities at Risk” APTN News (7 April 2020), online: <https://www.aptnnews.ca/national-news/influx-of-non-residents-chasing-gas- smokes-and-pot-putting-first-nation-communities-at-risk/>. 32. Ontario Ministry of Health, “Statement from the Chief Medical Officer of Health”  (30 March 2020), online: Ontario  Ministry  of  Health <https>//news.ontario.ca/ mohltc/en/2020/03/statement-from-the-chief-medical-officer-of-health.html>.