The Union of British Columbia Indian Chiefs has called on Canada's federal government to take immediate and definitive steps to remove barriers for First Nations needing access to government-held records for the purpose of validating historical claims.
The Union said on Tuesday that these steps must include "concrete commitments with measurable outcomes" as urged by Canada's Information Commissioner, Carolyn Maynard, in response to Canada's "Access to Information Modernization Action Plan" announced in May.
The Union said the measures must also uphold Canada's legal obligations under the United Nations Declaration on the Rights of Indigenous Peoples and Canada's own UN Declaration on the Rights of Indigenous Peoples Act (UNDA).
Union president, Grand Chief Stewart Phillip, said the Canadian government "has a responsibility to ensure that First Nations receive full access to the records they need to research their claims".
"That First Nations continue to experience systemic barriers accessing information is outrageous, and as the NCRD report makes clear, these barriers reflect the lack of independence in the specific claims process overall," he said.
"Canada controls claims funding, claims assessment, and essentially, they control access to evidence through access to information and privacy legislation. Instead of strengthening legislative and regulatory provisions which recognise First Nations' unique information rights, the existing legislation enables delay and denial of access.
"It's time for Canada to act on its commitments to uphold the UN Declaration by working jointly with First Nations to put concrete measures in place to end its practice of delay and obfuscation and ensure full access to records."
The Union noted that Canada's Action Plan, designed to improve access to information across federal institutions, lists six actions for advancing Indigenous reconciliation: supporting Indigenous data sovereignty; working with Crown-Indigenous Relations and Northern Affairs Canada and Indigenous Services Canada to expedite the transfer of records; developing targeted tools to assist Indigenous requesters; increasing cultural competency training for government staff; providing training to help Indigenous requesters navigate access to information mechanisms; and support the implementation of the UNDA in the context of access to information.
The Action Plan also provides non-binding recommendations on time thresholds for the release of historical records, suggesting a 30-year threshold relating to disclosure of records about federal-provincial affairs.
However, under the current system, disclosure, and the implementation of the Action Plan as a whole, remain at the discretion of federal departmental officials.
The Information Commissioner has called the non-binding guidelines "insufficient" and has expressed skepticism about the changes since they are not written into the access to information legislation itself.
This month, the National Claims Research Directors released a report, "Compounding Original Harms", on the need for specific claims policy reform through the creation of an independent claims centre.
The report highlighted access to information as one of the most significant challenges First Nations experience when researching their claims, finding that 100 per cent of participants in the engagement, collectively representing over 300 First Nations, continue to face barriers accessing information.
The barriers identified in the report include delays, lack of equity in information access, particularly regarding information held by the department of Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) and Indigenous Services Canada, and poor and misleading communication by access to information personnel.
As an example, a July report released by the Office of the Information Commissioner found CIRNAC in contravention of the Access to Information Act for failing to respond to a request within the legislated 30-day timeframe, declaring CIRNAC's argument – that its notification of a time extension constituted a response under the Act – invalid.
British Columbia Specific Claims Working Group chair, Chief Dalton Silver, said access to information is an access to justice issue for First Nations.
"The extensive problems with access to information can't be solved by issuing general statements and lofty promises of change that have no clear, well-delineated steps associated with how the changes are going to be enacted and implemented," he said.
"First Nations need to be part of an immediate discussion to develop precise actions and outcomes that ensure access. We need measurable improvements now."
