IRCC, Deputy Minister, Transition Binder, 2024 - Indigenous Border Crossing

Issue

• Immigration, Citizenship and Refugees Canada (IRCC) and Canada Border Services Agency (CBSA) have committed to work in consultation and cooperation with Indigenous peoples to: “Pursue legislative amendments to the Immigration and Refugee Protection Act (IRPA), amendments to relevant Regulations and revisions to policies in order to address complex border crossing and migration challenges faced by Indigenous peoples divided by Canada's international borders, including options to amend Canada’s right of entry provision, and work and study permit requirements.” (Action Plan Measure 52 of the United Nations Declaration on the Rights of Indigenous Peoples Act (UNDA) Action Plan).

State of Play

• On June 21, 2023, the Government of Canada (GoC) released the UNDA Action Plan, developed in consultation and cooperation with First Nations, Inuit and Métis. The Action Plan commits the Government to a series of actions to achieve the objectives of the United Nations (UN) Declaration on the Rights of Indigenous Peoples, including a commitment made by IRCC and CBSA to address challenges faced by indigenous persons while crossing the border through legislative amendments.
• The legislative right of entry to Canada is in the IRPA, section 19. A key principle of Reconciliation, as set out in s.5 of UNDA, states that legislative amendments concerning Indigenous peoples “must be taken in consultation and collaboration” with them. Engagement must be meaningful to the Indigenous community and accessible.
• As such, the Department is executing a comprehensive engagement strategy, with three phases: 1) Getting the Word Out; 2) Deeper Discussions, and 3) Reflecting Back. The Department is currently concluding Phase 2 (Deeper Discussions) of the strategy. Engagements have been taking place in two main forums: (1) through existing working groups, such as the Jay Treaty Border Alliance Collaboration Initiative and Haudenosaunee External Relations Committee Working Group; and (2) cross-Canada Regional Roundtables from October 2023 to the end of January 2024, along with a webpage where input and border crossing experiences may be shared.
• As part of Phase 3, Reflecting Back, work is underway to reflect what was heard during engagement in a public report. This report is planned for release in February 2024. Concurrent to the drafting of this report, work will begin, with the CBSA, on policy options [Redacted].
• There are no Deputy Minister-level committees for this initiative. However, Minister Miller has participated in engagements including the Jay Treaty Border Alliance Collaboration Initiative High Table, where Ministers meet twice yearly with the senior leadership of the Jay Treaty Border Alliance. The next High Table is likely to convene in April 2024. The Minister is also tentatively scheduled to participate in a virtual Indigenous Youth engagement session on January 30.

Key Messages

• The GoC recognizes the complex border crossing and migration challenges faced by Indigenous Peoples divided by Canada's international borders.
• We are working to address these challenges and facilitate border crossing for Indigenous Peoples by pursuing legislative, regulatory and policy reforms to amend the Canada’s right-of-entry provision in section 19 of the IRPA and work and study permit requirements for Indigenous Peoples. This work is outlined in measure 52 of the UNDA Action Plan.
• The GoC is actively engaging with First Nations, Inuit and Métis groups as part of roundtables and bilateral engagements to discuss and advance plans to reform cross-border mobility and immigration for Indigenous Peoples and is continuing discussions with international partners on Indigenous border-crossing issues.

Next Steps

• [Redacted].

Background

• Indigenous partners have long flagged the adverse impacts of international borders and immigration legislation on their families and culture, particularly for those in communities near or intersected by Canada’s international borders. There have been repeated calls for expansion of the legislative right of entry to Canada, currently in s. 19 of the IRPA, including in the 2017 Report on First Nation border crossing issues. The Government’s 2018 response to that report included a work with First Nations, Inuit and Métis communities on complex border-crossing issues however, this work slowed down during the pandemic.
• The United Nations Declaration on the Rights of Indigenous Peoples is about the respect and recognition of the human rights of Indigenous peoples. On June 21, 2021, the UNDA received Royal Assent and came into force. This Act provides a roadmap for the GoC and First Nations, Inuit and Métis to work together to implement the UN Declaration based on lasting reconciliation, healing and cooperative relations.
• In late 2022, the Ministers of Public Safety, Crown-Indigenous Relations IRCC made a key commitment in supporting the Jay Treaty Border Alliance’s view that a legislative amendment to recognize an inherent right of entry is critical, and agreed to make it a priority over the government's remaining mandate. This was echoed during President Biden’s March 2023 visit to Canada, where the Prime Minister and President committed to work in partnership with First Nations, Inuit, and Métis Peoples in Canada and Tribal Nations and Alaska Native Villages in the United States (U.S.), to find solutions to longstanding border issues. The commitment to amending the right of entry provision in IRPA was also included  in the 2023 UNDA Action Plan committing the GoC to advancing this work with timelines.
• Via this UNDA Action Plan Measure, IRCC and CBSA are meeting with Indigenous peoples and their representative organizations across Canada, with a view to advancing amendments and policy reforms in 2024.
• Up to $2.5M has been identified to cover costs for Regional Roundtables and facilitated virtual meetings including reimbursing costs of travel and accommodation for participants. Engagement expenses are shared by IRCC and CBSA. Naut’sa mawt, an Indigenous-owned event management organization recommended by Crown-Indigenous Relations and Northern Affairs Canada, has been retained to support delivery of engagement activities.
• Engagement activities have been taking a distinctions-based approach (recognizing the separate needs and approaches of First Nations, Inuit and Métis). [Redacted].
• [Redacted].