MKO 22nd LEGISLATIVE GOVERNMENT HOUSE
Annual General Assembly Opaskwayak Cree Nation
September 9, 10, 11, 2003

Introduction

Tansi. I am pleased to provide the MKO Chiefs in Assembly with an overview of the activities and accomplishments with the Social Services Secretariat. The staff of our unit include:

Louisa Constant, BSW, Social Services Advisor
Jeanette Constant, Executive Assistant
Karen Anderson, BSW, MKO First Nations Family Secretariat Director
Charlene Cook, Administrative Assistant, MKO Family Secretariat
Laurel Gardiner, M.Ed., Building Sustainable Workforces Manager
Ramona Bighetty, Community Development Advisor
Jerry Knott, Community Development Advisor

The Social Services program encompasses several inter-related and complementary initiatives that are working together toward a vision of social programming that reflects First Nation jurisdiction, rights and needs. The program includes the following:

• Ongoing advocacy on many policy and procedural matters with federal and provincial social program administrators.
• Work on Child and Family jurisdiction under the Framework Agreement Initiative involving joint First Nations, Canada and Manitoba negotiations on a draft Agreement in Principle on Child and Family Matters.
• Work on developing First Nations administrative institutions, policies and programs under the Aboriginal Justice Inquiry-Child Welfare Initiative for provision of services to MKO First Nation citizens off-reserve.
• The Building Sustainable Workforces Initiative which focuses on community capacity building that is working on the development of sustainable Nations labour force strategy.

As well, over the past year, the Social Services Advisor assumed senior management responsibilities by assisting the Vice Chief/Interim Executive Director in overseeing the day to day activities and operations of the MKO Administration and Political offices. I am thankful to the Social Services staff who also took on additional work over the past year and assisted in meeting the objectives of our program while I was on assignment in the Administration office. I will highlight the activities that our unit has worked on over the past year.

ADVOCACY

A major focus has been policy work on the renewal of federal Treasury Board Authorities for INAC social programming through the Assembly of First Nations Policy Advisory Group; lobbying INAC to change policies that negatively impact our First Nations; and actively participating in government initiatives that will shape and develop appropriate policies and programs for MKO First Nations.

1. INAC Social Programs Treasury Board Authorities

A review of Treasury Board authorities for INAC's social programs took place over the past year. The review encompassed INAC programs for social assistance, child and family services, family violence, adult care and national child benefit reinvestment. The treasury board authorities for INAC's social program expired March 31, 2003.

MKO ensured that First Nations were involved in this process because we were concerned that the renewal of authorities had potential major impacts on First Nations. INAC had identified "anomolies" in social program funding arrangements in Manitoba. For example, there are no treasury board authorities for funding of advisory services at the Tribal Council level, and according to INAC there is no treasury board authority to fund agencies' legal costs from the Child and Family Services "child maintenance" budget. It was also our view that the authorities renewal process will also impact on future initiatives where INAC is a participant, such as the province's Cabinet mandated steering committee review of northern food prices.

We were active over the past year in the national effort to see that First Nation needs are addressed. New Authorities are now in place, effective this new fiscal year starting April 2003 and we continued to be involved, through the Assembly of First Nations Policy Advisory Group, in addressing the terms and conditions of funding agreements through continued negotiation and lobbying.

In the upcoming year, First Nations will have an opportunity to provide input on two issues with regard to INAC's March 2004 Cabinet submission on the practical, legal and cost implications of social services delivered to all residents on-reserve and on the basis of "reasonable comparable" to provincial services. The new social program Authorities were revised to promote "on-reserve residency based service delivery" and "reasonably comparable" to provincial social services.

This work will begin in September 2003 with the involvement of the PTOs, Tribal Councils, Child and Family Services Agencies and First Nations Education Directors and through further discussions at the Assembly of First Nations Policy Advisory Group. MKO will continue to be directly involved in these discussions to ensure that MKO First Nations needs are addressed.

2. INAC Tenant Profile Form - MKO Resolution #2002-09-14

Effective April 1, 2002 INAC imposed a tenant profile form on First Nations in Manitoba which required all social assistance recipients to disclose information on all persons in their households. MKO First Nations were concerned that the personal information required by INAC exceeded the information necessary for INAC's purposes and objected to the tenant profile form on the basis that it violated privacy laws. It was the view of First Nations that INAC was forcing social assistance recipients to disclose personal information about other tenants living in the same households in our communities, possibly without their knowledge and/or consent.

In response to the concerns of First Nations, INAC forwarded a letter to First Nations on August 9, 2002 stating that INAC was using the Tenant Profile Form to gather information necessary to rationalize changes to shelter related costs, such as rent, hydro, wood and utilities. Furthermore, INAC also requested that the First Nations complete and submit the forms by August 30, 2002 and advised that the First Nations that do not provide this documentation may see reduced funding and that those First Nations who chose not to send the requested information will not be reimbursed for shelter related expenses.

During the MKO Annual Assembly in September 2002 the Chiefs passed a resolution rejecting the efforts of INAC to impose the Tenant Profile Form and directed INAC to work collaboratively with MKO to develop a mutually satisfactory resolution to the issue of data collection and analysis in the Social Development Program. Further, the MKO Chiefs directed the Grand Chief to pursue this matter further with the Federal Privacy Commission and INAC Minister.

Acting on the Chiefs' directive, in October 2002, the MKO Grand Chief led senior level meetings with INAC to address the issues affecting MKO First Nation with regard to the tenant profile form. A joint INAC and First Nations technical working committee was established during these meetings mandated to finding a mutually agreed upon alternative to the INAC Tenant Profile Form. The joint working committee reached an agreement in January 2003 as follows: Data collected by the First Nations Social Assistant staff will be kept confidential at the First Nations level. First Nations are to report numbers only to INAC. The First Nations retain ownership and control of the data collected. INAC is allowed to verify the information by phone, fax, e-mail, or preliminary on site "spot check" reviews and in regular compliance reviews. It was agreed that this data collection process would come into effect within the current fiscal year.

Also, in October 2002 Grand Chief and INAC agreed to refer this matter to the Federal Privacy Commission. Through the Public Interest Law Centre in Winnipeg, AMC sought guidance from the federal Privacy Commission regarding the following: Are First Nations social assistance administrators allowed to gather personal information regarding individuals living in the home but who are not on social assistance? If so, can they disclose this information to INAC? A letter was forwarded to the Privacy Commission in January 2003. The Privacy Commissioner responded in March 2003 by stating that INAC technically is not in violation of the Privacy Act, and that INAC has the legal right to gather such information on the grounds that the information is being used for administrative purposes. However, the Privacy Commissioner also stated that INAC has to obtain the consent of the other tenants so that the concerns raised by First Nations are addressed.

Following the response from the federal Privacy Commission, INAC called for further meetings with First Nations in May 2003. INAC confirmed that the joint agreed upon data collection process would be implemented. On July 28, 2003, INAC sent a letter to First Nations confirming the mutually agreed upon data collection process which is to replace the tenant profile form effective immediately in the 2003-04 fiscal year. Furthermore, INAC advised First Nations that the shelter and shelter related sections in the Social Assistance Program Manual were revised.

Despite opposition from our leadership, INAC continues to unilaterally impose policies that negatively impact on our communities, such as the Tenant Profile Form. The unilateral imposed policies often create further problems for MKO First Nations and affect their rights. Therefore, it is essential that we press INAC to involve First Nations in all policy change that occurs. MKO will continue to pursue opportunities to participate in policy design, development and decision making.

3. Northern Food Prices Project Report In July 2002, a Manitoba Cabinet Committee established a Northern Food Prices Project and mandated a steering committee (consisting of provincial, federal and First Nations representatives) to identify strategic options to address the concern about high food prices in Northern Manitoba. More specifically, the purpose of the project was for the steering committee to identify strategic options that could reduce the retail prices of nutritious foods to northern citizens, such as milk, milk products, fresh fruits, vegetables, meats, whole grains and staples.

The steering committee completed the project and submitted a report to the Healthy Child Cabinet Committee in December 2002. The report "Northern Food Prices Project" (Final draft, dated December 20, 2002) provides the Cabinet Committee with an information base from which the solutions to the high cost of nutritious foods can be pursued.

MKO representatives on the steering committee consisted of Jim Beardy, KTC; Laurel Gardiner, MKO; and Louisa Constant, MKO.

Seven priority strategic options related to the nutritional health and food security of Northerners were recommended by the steering committee in the report, which if implemented have the potential for the greatest impact on northern nutritious food prices. An eighth strategic option related to a food rebate/subsidy was also recommended for further study.

The strategic options identified are as follows:

Northern Food Self Sufficiency Initiative

This option provides a comprehensive framework for a 5 year period that builds local food provision activity and capacity in the north. As food is produced, harvested and/or processed locally, the cost of food may be reduced by replacing the "imported" product with a local food supply.

The components of this option include: gathering research and information about producing food in the north; develop best practices guidelines for producing food; delivery of a series of conferences, workshops and community sharing sessions over a period of 5 years focused on building community capacity for food self sufficiency; and the identification and outline details for a new program on food self sufficiency as determined by community input and participation.

Milk Price Review in Northern Communities

This option applies to the current Milk Price Review program in Manitoba which recommends a broadening of the Milk Review Commission's mandate to include 2 and 4 litre fluid milk, UHT tetra brick milk, canned milk and lactose reduced milk products, in addition to the current 1 litre fluid milk. The additional milk product pricing will require legislative and regulatory changes as well as extensive northern food market systems research and the development of new pricing formulas.

Northern Food Business Development

This option focuses on existing business and community development program, funds and services and it encourages existing program to facilitate the development, financing and support of northern food businesses and activity.

Northern Community Foods Program

This option builds on the cultural tradition of sharing abundance with others and it recommends the facilitation of sharing successful community models of community food programs. These could include organized hunting, fishing or gathering, community food distribution, food preservation and cultural education about using traditional foods.

Northern Greenhouse Pilot Project

This option focuses on the production of local vegetables and fruits. The pilot project will identify the types of greenhouse technology or other innovative technology, such as the use of abandoned mines to grow vegetables and fruit. The pilot will develop best practices for greenhouse-type production in the north and use 2-3 pilot projects to test the success of these systems, production practices and training needed.

Northern Gardens Initiatives

This option calls for the facilitation and support for northern gardening activity. The form of gardening (individual, community, commercial, market, school or youth based) will be determined by community identified need.

Northern Food Price Survey Program

This option builds on and uses existing resources to coordinate the regular collection, analysis and dissemination of northern food prices. This information complements all other actions that might be taken to resolve the problem of high food prices. As well, it was viewed that regular food price surveys can contribute to an evaluation of success of other options that may be implemented and it will provide a monitoring function of food prices over time.

For further study and review: Food Cost Rebate Option

This option is discussed in the report and brought forward by the steering committee for consideration, should governments provide a direct subsidy to the high cost of food for those who live in communities with the highest retail prices for nutritious foods. It recommends potential food subsidy ideas such as a nutritious food subsidy, that governments may consider.

No significant decision has been made by the Healthy Child Cabinet Committee, on behalf of the provincial government as to which, if any, of the strategic options will be implemented. The province recently identified $50,000 funding for a pilot project in Red Sucker Lake First Nation.

On August 25, 2003 MKO met with Manitoba's Aboriginal and Northern Affairs Minister to push for implementation on the prioritized options and we were informed that a Cabinet submission has been tabled and that we can expect a commitment on four of the options within the next few months.

CHILD AND FAMILY JURISDICTION NEGOTIATIONS

MKO is leading Framework Agreement Initiative (FAI) negotiations on a draft Agreement in Principle (AIP) with the federal government to set parameters and understandings for the restoration of First Nations jurisdiction in the area of child and family matters. We are targeting March 2004 for completing a draft AIP. The FAI agreement itself will be up for renewal in 2004.

Difficult issues remain to be addressed. Federal positions on application of the Canadian Charter of Rights and Freedoms, aggregation and delegation, legal status and capacity, are unacceptable. Representatives from Manitoba are also at the child and family table but they do not have a mandate from the Manitoba Cabinet to negotiate positions at the table. At this time, Manitoba is at the table in support of the federal position on provincial participation.

ABORIGINAL JUSTICE INQUIRY - CHILD WELFARE INITIATIVE

Work continues on under the Aboriginal Justice Inquiry-Child Welfare Initiative with Manitoba to develop MKO First Nations administrative capacity and authorities to provide child and family services to all First Nations citizens throughout the province. MKO, in conjunction with the northern First Nations Child and Family Services Agencies, have established a Northern First Nations Child and Family Services Authority accountable to the MKO First Nations. A Chief Executive Officer, Ms. Diane Kematch of Sapotaweyak Cree Nation; a Chief Financial Officer, Ms. Cheryl Freeman; Legal Counsel, Ms. Kaye Dunlop; and policy staff, Colin Kinsella; were hired. Work is still underway on a comprehensive framework for planning and implementing the new Child and Family Services system and the Northern Authority staff are working with the five northern agencies to design optimal service delivery.

New provincial legislation to create and recognize our Northern CFS Authority was passed in the Manitoba Legislature. Proclamation on the new Authorities is expected to take place as early as October 2003. We face a tight time frame and a complex undertaking.

BUILDING SUSTAINABLE WORKFORCES INITIATIVE Successful capacity development, partnership building, training and cross sectoral team development by the Building Sustainable Workforces initiative will continue to support community development in our communities. MKO continues to establish partnerships with governments, corporations, First Nations, Education Institutions, Employers, Tribal Council Investment Groups, to develop sustainable workforces in First Nations. A partnership declaration signing ceremony will take place during the Annual General Assembly. We believe the investment made by interested groups, through the partnership, will lead to increasing self reliance in First Nations communities, and in the long run, raise the social and economic standard of living.

As part of the INAC Social Program Treasury Board Review, the "Gathering Strength" policy authorities were also under review ($23M in the Region during the period of 1998-2003). The MKO Building Sustainable Workforces initiative was funded under the Gathering Strength allocations. The continuation of the MKO Building Sustainable Workforces initiative will be determined in the Authorities and program terms and conditions review process. MKO has proposed a renewed and continuing focus on access to employment, resources and investment. In the interim we have managed to secure commitment to maintaining the momentum we have achieved with the Building Sustainable Workforce Initiative.

CONCLUSION

We have worked diligently over the past year to ensure the needs of MKO First Nations are addressed. We will strive for good progress in the coming year and we will continue to be diligent in our work on the restoration of First Nations jurisdiction, rights and needs.