Seite - 54 - in VULNERABLE - The Law, Policy and Ethics of COVID-19

VULNERABLE54 failing to provide adequate resources to First Nations people (espe- cially those living on reserve). As a result, applying the constitutional principle of subsidiarity in conjunction with other constitutional obli- gations such as the fiduciary duty of the Crown and its duty to act honourably, we focus our discussion on the actions taken as a result of Indigenous assertions of jurisdiction. Clearly, there is a need for coor- dination and transparency across jurisdictions in order to recognize and give effect to the distinct COVID-19 responses of First Nations. Water and housing are two areas of federal irresponsibility that significantly increase the COVID-19 risk for First Nations. One of the cornerstones of COVID-19 prevention is frequent hand washing, which poses a particular challenge for First Nations due to lack of access to clean water: currently, 27 First Nations are under short-term water advisories.10 The inadequacy of the government’s response to this problem is illustrated by Indigenous Services Canada (ISC) advising (on its website) those communities on a “do not use” water advisory “ … your water is not safe for any use. Use bottled water with soap or hand sanitizer with at least 60% alcohol to wash your hands. If you do not have access to running water, wash your hands in a large bowl and then throw out the water from the hand-washing bowl after each indi- vidual use.”11 This “hand-washing” advice ignores the overarching chronic water insecurity already existing in a number of First Nations communities, including the lack of access to bottled water in remote communities. Thus the “solutions” offered are wholly inadequate. While there are opportunities for emergency responses from federal and provincial governments, both Ontario’s Emergency  Management  and  Civil  Protection  Act12 and the federal Emergencies  Act13 do not specifically allocate federal financial aid for First Nations com- munities when declaring a state of emergency. In other words, even in the context of a pandemic or similar scale of emergency, Canadian law does not expressly include Indigenous jurisdictional capacity, despite the constitutional requirement to do so based on treaties and the Constitution  Acts,  1867 and 1982. Thus, it is left to First Nations 10. Note that ISC data do not include B.C. First Nations or those that are part of the Saskatoon Tribal Council. 11. Indigenous Services Canada, Coronavirus  (COVID-19)  and  Indigenous  Communities:  Confirmed  Cases  of  COVID-19  (Ottawa: Indigenous Services Canada, 2020), online: Indigenous  Services  Canada <https://www.sac-isc.gc.ca/eng/1581964230816/158196 4277298#chap0>. 12. Emergency  Management  and  Civil  Protection  Act, RSO 1990, c E 9. 13. Emergencies  Act, RSC, 1985, c 22.