Cabinet Ministers credit to Flickr images Prime Minister of Canada https://www.flickr.comphotospmwebphotos.com
On November 13, 2015, Prime Minister Justin Trudeau wrote (and for the first time released) the mandate letters issued to instruct the newly-appointed Cabinet Ministers on the government’s priorities for their portfolios and to provide them with a statement of their overarching goals.
Of interest to First Nations, each of the mandate letters emphasizes the government’s goal for a renewed “nation-to-nation relationship with Indigenous Peoples, based on recognition of rights, respect, co-operation, and partnership.” The letters give some important clues as to how the new government plans to meet this goal, directing various ministries to implement commitments made by the Liberals in seeking government.
Both many of the directions contained in the Ministers’ letters and the release of the letters are welcome developments. Publishing these materials is an opportunity for renewed accountability and transparency in our democratic system.
Aspects of the Ministers new mandates that may be of interest to First Nations are highlighted below.
The Honourable Carolyn Bennett – Minister of Indigenous and Northern Affairs
Overarching Goal: to renew the relationship between Canada and Indigenous Peoples and to re-engage in a renewed nation-to-nation relationship based on recognition, rights, respect, co-operation, and partnership.
Key priorities of note set out in mandate letter:
- To support the work of reconciliation and continue the necessary process of truth telling and healing.
- Implement the Truth and Reconciliation Commission recommendations, starting with the implementation of the United Nations Declaration on the Rights of Indigenous Peoples.
- To develop a mandate for an inquiry into murdered and missing indigenous women and girls (“MMIWG”) in Canada.
- To conduct a review, in full partnership and consultation with Indigenous Peoples, of laws, policies, and operational practices to ensure that the Crown is fully executing its consultation and accommodation obligations, in accordance with its constitutional and international human rights obligations, including Aboriginal and Treaty rights.
- To establish a new fiscal relationship that lifts the 2% cap on annual funding increases.
- To collaborate with other Ministries to ensure that environmental assessment (“EA”) legislation is amended to enhance the consultation, engagement and participatory capacity of Indigenous groups in reviewing and monitoring major resource development projects.
- To improve essential physical infrastructure for Indigenous communities, including improving housing outcomes.
- To ensure that no one fleeing domestic violence is left without a place to turn.
- To promote economic development and create jobs for Indigenous Peoples.
The department has also been given the new name of Indigenous and Northern Affairs. The Harper government changed the department’s name from Indian and Northern Affairs Canada to Aboriginal Affairs and Northern Development in 2011.
The Honourable Hunter Tootoo – Minister of Fisheries, Oceans and the Canadian Coast Guard (“DFO”)
Overarching Goal: to protect our three oceans, coasts, waterways and fisheries and ensure that they remain healthy for future generations.
Key priorities of note set out in mandate letter:
- To work with the provinces, territories, Indigenous Peoples, and other stakeholders to better co-manage Canada’s three oceans.
- To use scientific evidence and the precautionary principle, and take into account climate change, when making decisions affecting fish stocks and ecosystem management.
- To act on recommendations of the Cohen Commission on restoring sockeye salmon stocks in the Fraser River.
- To increase the protection of marine and coastal areas to five percent by 2017 and ten percent by 2020.
- To work with the Minister of Transport to review the previous government’s changes to the Fisheries and Navigable Waters Protection Acts, restore lost protections, and incorporate modern safeguards.
- To work with other Ministries to formalize the moratorium on crude oil tanker traffic on British Columbia’s North Coast, including the Dixon Entrance, Hecate Strait, and Queen Charlotte Sound.
- To work with other Ministries to immediately review Canada’s EA processes and introduce new, fair processes.
- To restore funding to support federal ocean science and monitoring programs, to protect the health of fish stocks, to monitor contaminants and pollution in the oceans, and to support responsible and sustainable aquaculture industries.
The Honourable Jody Wilson-Raybould – Minister of Justice and Attorney General of Canada
Overarching Goal: to ensure legislation meets the highest standards of equity, fairness and respect for the rule of law.
Key priorities of note set out in mandate letter:
- To develop a mandate for a MMIWG inquiry.
- To review Canada’s litigation strategy which should include early decisions to end appeals or positions that aren’t consistent with commitments and values of this government or the Charter.
- To review changes and sentencing reforms in the criminal justice system over the past decade. Outcomes of the process should include increased use of restorative justice processes and other initiatives to reduce the rate of incarceration amongst Indigenous Peoples.
- To implement the recommendations from the inquest into the death of Ashley Smith regarding the restriction of solitary confinement practices.
- To support efforts to repeal key elements of Bill C-51.
- To ensure the process for appointing judges to the Supreme Court is transparent, inclusive and accountable.
- To enhance the openness of government, including supporting a review of the Access to Information Act so that the Act applies to the Prime Minister and the Ministers’ Offices, as well as administrative institutions that support Parliament and the courts.
- To introduce legislation to add gender identity as a prohibited ground for discrimination under the Canadian Human Rights Act and to the list of characteristics of “identifiable group” protected by hate speech provisions under the Criminal Code.
- To lead a process to respond to the Supreme Court of Canada’s decision regarding physician-assisted death.
The Honourable Marc Garneau – Minister of Transport
Overarching Goal: to ensure that Canada’s transportation system supports Canada’s ambitious economic growth and job creation agenda.
Key priorities of note set out in mandate letter:
- To work with other Ministries to improve marine safety.
- To work with DFO to review the previous government’s changes to the Fisheries Act and the Navigable Waters Protection Act, restore lost protections, and incorporate modern safeguards.
- Formalize a moratorium on crude oil tanker traffic on British Columbia’s North Coast, working in collaboration with other Ministries to develop an approach.
The Honourable Jim Carr – Minister of Natural Resources
Overarching Goal: to ensure that the resource sector remains a source of jobs, prosperity, and opportunity within the context of a world that increasingly values sustainable practices and low carbon processes.
Key priorities of note set out in mandate letter:
- To work with other Ministries to immediately review Canada’s EA processes to regain public trust and introduce new, fair processes that will:
- restore robust oversight and thorough EAs of areas under federal jurisdiction, while also working with provinces and territories to avoid duplication;
- ensure that decisions are based on science, facts, and evidence, and serve the public’s interest;
- provide ways for Canadians to express their views and opportunities for experts to meaningfully participate, including provisions to enhance the engagement of Indigenous groups in reviewing and monitoring major resource development projects; and
- require project proponents to choose the best technologies available to reduce environmental impacts.
- Modernize the National Energy Board to ensure that its composition reflects regional views and has sufficient expertise in fields such as environmental science, community development, and Indigenous traditional knowledge.
- Work closely with provinces and territories to: develop a Canadian Energy Strategy to protect Canada’s energy security; encourage energy conservation; and bring cleaner, renewable energy onto a smarter electricity grid.
The Honourable Catherine McKenna – Minister of Environment and Climate Change
Overarching Goal: to take the lead in implementing the government’s plan for a clean environment and a sustainable economy.
Key priorities of note set out in mandate letter:
- To ensure that the government provides national leadership to reduce emissions, combat climate change and price carbon.
- To work with other Ministries to immediately review Canada’s EA processes.
- To work with DFO to increase the proportion of Canada’s marine and coastal areas that are protected.
The Honourable Mélanie Joly, Minister of Canadian Heritage
Overarching Goal: to implement our government’s plan to strengthen our cultural and creative industries.
Key priorities of note set out in mandate letter:
To work in collaboration with the Minister of Indigenous and Northern Affairs to provide new funding to promote, preserve and enhance Indigenous languages and cultures.