Seite - 63 - in VULNERABLE - The Law, Policy and Ethics of COVID-19

63COVID-19 and First Nations’ Responses Wellness and Cultural Appropriateness The Truth and Reconciliation Commission of Canada (TRC) called on the federal government to close the gap in health outcomes between Indigenous and non-Indigenous communities and for the recogni- tion of Indigenous healing practices.42 First Nations have stepped into this jurisdictional sphere in response to COVID-19, often with limited resources and funding. Combining the authority to act with respect to both wellness and emergency, some First Nations have enacted and implemented their own “disease emergency” by-laws under the Indian Act.43 The by-laws range from mandating self-isolation or quarantine; mandating physical-distancing; restricting travel; restricting access to public spaces or businesses; and establishing emergency shelters for citizens who are homeless or living in precarious housing situations. Orders have been enforced through fines (and in some cases provide for imprisonment). Proactive and culturally appropriate efforts relating to wellness, including the harvesting and distribution of traditional medicines, is supported through formal and informal networks that build on the jurisdiction of Nations, and is given effect through various forms of leadership, including those who have the responsibility to harvest, make, share, and look after medicines (including traditional foods). In addition, some of the formal COVID-19 preparedness plans include instructions for traditional methods of cleaning, harvesting, and pre- paring traditional medicines and guidance on ceremonies.44 Some indicate that Elders and healers should be involved in incorporating traditional medicines and wisdom pertaining to contagious illnesses like COVID-19.45 Many have also included information on sustaining well-being and mental health during physical distancing. An important component of cultural appropriateness includes methods of communication of information, including in Indigenous 42. Truth and Reconciliation Commission of Canada, Calls to Action (Winnipeg: Truth and Reconciliation Commission, 2015). 43. Heiltsuk Nation, “By-Law No 21, Heiltsuk Disease Emergency By-Law”(2020), online (pdf): Heiltsuk Nation <http://www.heiltsuknation.ca/wp-content/uploads/ 2020/04/2020-03-31-Disease-Emergency-By-law.pdf>. 44. Six Nations of Grand River, “Coronavirus (COVID-19) Preparedness” (2020), online (pdf): Six  Nations  of  Grand  River <http://www.sixnations.ca/ hpnsCovid19PreparednessImportantInformation.pdf>. 45. Nishnawbe Aski Nation, “COVID-19 Pandemic Plan” (2020), online (pdf): Nishnawbe Aski Nation <http://www.nan.on.ca/upload/documents/community- covid-19-pandemic-plan-templat.pdf>.