Seite - 55 - in VULNERABLE - The Law, Policy and Ethics of COVID-19

55COVID-19 and First Nations’ Responses to provide leadership without full constitutionally recognized juris- dictional authority, given the occupation of the legislative field by the federal and provincial governments and their control over First Nations’ financial and other resources. The Ontario Human Rights Commission, as well as Thériault and Lévesque, argue for a human rights-based approach to manag- ing COVID-19, with independent oversight and additional funding to protect Indigenous people’s health and human rights, and the appli- cation of Jordan’s Principle when jurisdictional disputes arise.14 This failure to remedy water and housing insecurity puts First Nations citi- zens in more precarious positions in relation to COVID-19 than other citizens. In sustaining the precariousness, the federal government has abdicated responsibility, breached the Honour of the Crown and its fiduciary duty, and fettered its jurisdiction. In response, many First Nations have expressly (re)asserted their jurisdiction and continued with their responsibilities, examples of which are illustrated below. The Federal COVID-19 Response Despite all efforts, there are some cases of COVID-19 in First Nations. As of June 9, according to ISC there were 234 confirmed cases of COVID-19, 22 hospitalizations, 206 recovered cases and 6 deaths in First Nations communities (reserves) in Canada.15 Some of the ISC data differs from First Nations’ reporting,16 although in some regions, 14. Levesque & Thériault, this volume, Chapter D-6. See also Ontario Human Rights Commission, “Policy Statement on a Human Rights-Based Approach to Managing the COVID-19 Pandemic”, online: Ontario  Human  Rights  Commission  <http://www.ohrc.on.ca/en/policy-statement-human-rights-based-approach- managing-covid-19-pandemic>. See also TRC Call to Action 3; Canadian Human Rights Commission “Statement–Inequality Amplified by COVID-19 Crisis”, online: Canadian  Human  Rights  Commission  <https://www.chrc-ccdp.gc.ca/eng/ content/statement-inequality-amplified-covid-19-crisis>. 15. Supra note 12. ISC updates the numbers daily. Indigenous Services Canada, Coronavirus  (COVID-19)  and  Indigenous  Communities:  Confirmed  Cases  of  COVID-19, (2020). Online: <https://www.sac-isc.gc.ca/eng/1581964230816/ 1581964277298#chap0>. However, as commentators have noted (see <https:// www.cbc.ca/news/indigenous/coronavirus-indigenous-data-gap-1.5556676>), community reporting is outpacing ISC data. The ISCs data do not include the number of recovered cases, the number, or names of First Nations communities affected, or account for First Nations members living off reserve. Further, the ISC only tracks cases of COVID in First Nations and Inuit communities. 16. Courtney Skye, “Colonialism of the Curve: Indigenous Communities & Bad COVID Data”, Yellowhead Institute (12 May 2020), online: Yellowhead