Page - 65 - in VULNERABLE - The Law, Policy and Ethics of COVID-19

65COVID-19 and First Nations’ Responses camp. Manitoba Hydro then filed an injunction against the respec- tive First Nations to end the “protests”. Leaders of the four Keeyask Cree Nations (who are partners in the Keeyask project) have called for First Nations’ participation in a new plan to resume construction and manage the movement of workers. Examples like this illustrate the need for First Nations’ forward jurisdiction, with coordinated sup- port from the provinces and the federal government to put the health and safety of First Nations ahead of the non-essential construction of hydroelectric infrastructure. The TRC has stated that UNDRIP is the framework for rec- onciliation in Canada. UNDRIP finds its root in the recognition of Indigenous self-determination. Although Canada has committed to implementing UNDRIP, only the British Columbia government has passed legislation to that effect. In light of the COVID-19 pandemic, the United Nations has asked governments to consider the applica- tion of UNDRIP and, as a first recommendation, the recognition of “Indigenous peoples’ representative institutions, authorities, and gov- ernments as the legitimate representatives of Indigenous peoples.”49 We have argued in this chapter that Indigenous-led responses, as affirmations of First Nations’ jurisdiction and self-determination, are supported by one of the basic tenets of federalism, namely the principle of subsidiarity, as well as by s. 35 of the Constitution Act and all corresponding obligations, together with commitments in interna- tional law pursuant to UNDRIP. In this light, the federal government can and must work with First Nations on resourcing their plans for wellness and emergency preparedness in relation to the COVID-19 pandemic. 49. UN Department of Economic and Social Affairs, “Indigenous Peoples & the COVID-19 Pandemic: Considerations”, online (pdf): United Nations <https:// www.un.org/development/desa/indigenouspeoples/wp-content/uploads/ sites/19/2020/04/COVID19_IP_considerations.pdf>.