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383Systemic
Discrimination in Government Services and Programs and Its Impact on…
The most jarring manifestation of these
human rights problems is the distressing
socio-economic conditions of indigenous
peoples
in
a highly developed country.1
Historic and contemporary forms of colonialism predispose First
Nations peoples to higher risk for COVID-19. This chapter
argues that health disparities observed amongst First Nations com-
munities in Canada are related to the underfunding and discrimina-
tion in public services, especially on reserves.2 The first part of the
chapter outlines the inequities in government services and programs
that impede the capacity of First Nations communities to effectively
prevent and manage public health crises—such as the COVID-19
pandemic—in accordance with their own priorities, circumstances,
and needs. The second part proposes that Caring Society v Canada, a
precedent-setting decision of the Canadian Human Rights Tribunal,
establishes the legal standard for Canada when funding its response
to public health crises for First Nations communities.3 The decision
requires Canada to consider the distinct cultural, historical, and geo-
graphical needs and circumstances of First Nations communities in
the funding and provision of their services and programs.4 We argue
that if the Government of Canada does not immediately and compre-
hensively address the systemic inequities in its services and programs
to First Nations peoples as required under the
Canadian
Human
Rights
Act5, measures aimed at managing the COVID-19 pandemic and
future health crises will inevitably fail to produce equitable outcomes
in these communities.
1. Report of the
Special Rapporteur on the rights of indigenous peoples, James Anaya.
The situation of indigenous peoples in Canada, UNHRC, 27th Sess., Annex, Agenda
item 3, UN Doc A/HRC/27/52/Add.2 (2014) at 7 [UNHRC].
2. See note 1 in Craft, McGregor & Hewitt, Chapter A-2, this volume, for an expla-
nation of the terminology and language surrounding Indigenous identity. As
this chapter focuses primarily on the situation on reserves, we use the term First
Nations.
3. First Nations Child and Family Caring Society of Canada et al v Attorney General of
Canada (for the Minister of Indian and Northern Affairs Canada), 2016 CHRT 2 at
para 465 [Caring Society 2016].
4. Ibid.
5. Canadian Human Rights Act, RSC 1985, c H-6.
VULNERABLE
The Law, Policy and Ethics of COVID-19
- Title
- VULNERABLE
- Subtitle
- The Law, Policy and Ethics of COVID-19
- Authors
- Vanessa MacDonnell
- Jane Philpott
- Sophie Thériault
- Sridhar Venkatapuram
- Publisher
- Ottawa Press
- Date
- 2020
- Language
- English
- License
- CC BY-NC-ND 4.0
- ISBN
- 9780776636429
- Size
- 15.2 x 22.8 cm
- Pages
- 648
- Categories
- Coronavirus
- International