Seite - 62 - in VULNERABLE - The Law, Policy and Ethics of COVID-19
Bild der Seite - 62 -
Text der Seite - 62 -
VULNERABLE62
For example, Walpole First Nation, located at the Michigan border, has
advised non-residents and cottagers not to come to the community.39
Whitefish River First Nation (WRFN) commenced a phased approach
to pandemic planning and implemented travel restrictions, which have
become increasingly restrictive over time as COVID-19 cases increase.
Currently, only âresidentsâ are permitted access to the community
(and can leave for essential services). Chief Shining Turtle pointed out
âthat phase one of the response was signage, phase two was a letter
informing cottagers that they could not access their seasonal dwellings
and phase three was bringing in concrete barriersâ in case they were
required to physically prevent people from entering the reserve. âI get
it,â he said. âPeople donât want to be in Sudbury, Toronto, or Hamilton
while this is going on. But the question you have to ask yourself, âis this
essential?ââ Some cottagers with leased shoreline property in WRFN
seem to be startled with the First Nation asserting their inherent juris-
diction during a pandemic, complaining about their restricted access
to the reserve, stating that their seasonal cottages are their only âresi-
dencesâ and that they therefore meet the residency requirement. The
cottage leases clearly indicate the cottagers are seasonal residents only.
However, First Nationsâ jurisdiction was challenged by settler seasonal
cottagers, despite the fact that similar measures were being suggested
in adjoining municipalities in Ontario. It was observed that a ânumber
of summer residents were flocking to their properties, many return-
ing from COVID hot spots such as Florida and Toronto.â40 The WRFN
updated their trespass by-law to address emergency measures and
support the community pandemic plan.
First Nations communities will continue to face challenges from
those who do not respect their inherent jurisdiction, particularly if
their pandemic and recovery plans are not coordinated across juris-
dictions. The Assembly of First Nations has stated that First Nations
must be at any table dealing with the health crisis, and arguably
should be the ultimate decision-making authority with respect to the
wellness and safety of their communities.41
39. âWalpole Island First Nation Restricts Access to Non-Residents Due to COVID-
19â, CBC (2 April 2020), online: <https://www.cbc.ca/news/canada/windsor/
walpole-island-first-nation-restricts-access-covid19-1.5518628>.
40. Michael Erskine, âBirch Island Denies Access to Cottagers with Leased Lotsâ,
Manitoulin Expositor (15 April 2020), online: <https://www.manitoulin.ca/birch-
island-denies-access-to-cottagers-with-leased-lots/>.
41. House of Commons, supra note 28.
VULNERABLE
The Law, Policy and Ethics of COVID-19
- Titel
- VULNERABLE
- Untertitel
- The Law, Policy and Ethics of COVID-19
- Autoren
- Vanessa MacDonnell
- Jane Philpott
- Sophie Thériault
- Sridhar Venkatapuram
- Verlag
- Ottawa Press
- Datum
- 2020
- Sprache
- englisch
- Lizenz
- CC BY-NC-ND 4.0
- ISBN
- 9780776636429
- Abmessungen
- 15.2 x 22.8 cm
- Seiten
- 648
- Kategorien
- Coronavirus
- International