Rights of Indigenous Peoples
Indian Act
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Criminal Law
Child Protection
Fair Decision Making
Health Care was promised in the Treaties.
Before settlers came to what is now Canada, First Nations harvested medicines to heal diseases. When settlers came here, they brought new illnesses. First Nations knew that the newcomers had medicines to cure the illnesses they brought and they wanted access to these for their people.
The written record of Treaty 6, unlike the other numbered Treaties, includes the promise that a “medicine chest shall be kept at the house of each Indian Agent for the use and benefit of the Indians.” The First Nations of Treaty 6 have consistently maintained that a promise of full medical care was made.
Other Treaty First Nations regard full medical care as part of the Treaty relationship although not recorded in the written text. This was confirmed by the Truth and Reconciliation Commission of Canada.
Treaty 6 explicitly included provision of a “medicine chest” and relief from “pestilence.” However, the right to health is not limited to these Treaties. The Treaty negotiations included many references “to the protection of, and non-interference with, traditional ways of life,” which encompasses Aboriginal health.
The government's failure to implement the health care rights under the Treaties was recognized in this call to action of the Truth and Reconciliation Commission.
We call upon the federal, provincial, territorial, and Aboriginal governments to acknowledge that the current state of Aboriginal health in Canada is a direct result of previous Canadian government policies, including residential schools, and to recognize and implement the health-care rights of Aboriginal people as identified in international law, constitutional law, and under the Treaties.
Joyce's Principle
On September 28, 2020, Joyce Echaquan, a 37-year-old Atikamekw woman and mother of seven, died at a Quebec hospital after livestreaming her final moments, pleading for help while subjected to racist abuse from staff.
In Joyce’s memory, the Atikamekw Nation proposed Joyce’s Principle. This principle calls on Canada to guarantee that all Indigenous people have…
- Equitable access to all social and health services without discrimination.
- The right to enjoy the best possible physical, mental, emotional, and spiritual health.
- Respect and recognition for Indigenous knowledge, traditions, and ways of healing in all aspects of care.
Despite the Government of Canada formally committing to implementing Joyce’s Principle at this time there is no universal nation-wide mandate.
Federal and provincial governments have adopted what is called Jordan’s Principle. It is named in honour of Jordan River Anderson, a First Nations child from Norway House Cree Nation, who lived in hospital for two years before he died, all while the federal and provincial governments debated who should be responsible for paying for his at-home care. It was adopted after there was a human rights case against the government for underfunding services for children on reserves in comparison to children off reserves. It covers health services as well as other services. Jordan's Principle says that First Nations children must be able to get the same services as non-First Nations children and should not have to wait for those services while governments figure out which government will pay for those services.
