Treaty chiefs fight for medicine chest protection

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The end of the month -March 31-was the deadline and it was looming ominously when chiefs and health technicians from several treaty groups across Western Canada gathered in an Edmonton hotel March 25 and 26 to figure out what they're going to do about Health Canada.

The federal health ministry's First Nations and Inuit Health Branch (FNIHB, formerly MSB or medical services branch) wants all First Nations across the country to sign the same funding agreement. The treaty chiefs say they have a treaty right to health care. But, they add, FNIHB doesn't seem to want to hear about rights.

Health Canada provides funding for health services for First Nation people but the department refuses to recognize that they do so because of a treaty obligation. Health Canada has, in fact, been cutting back on a variety of health services since 1995. Other First Nations may not have a treaty right to health care, the representatives from regions affected by the number treaties say, but they do.

Montana First Nation (Alberta) Chief Darrell Strongman said representatives from Treaties 1, 2, 4, 6 and 7 attended the two-day session.

Treaty First Nations say they're faced with a funding agreement form that doesn't recognize their rights. They also say they're under pressure from FNIHB to sign up by the end of March or face a loss of funding or the imposition of third party management on their health care facilities.

In response, they've formed a coalition-the United Treaty Nations-and come up with their own form. So far, FNIHB has refused to look at that form, instead insisting that their form is required for all First Nations.

"The United Treaty Nations are saying you need to make reference to specific treaty issues, for example Treaty 6 and the medicine chest clause," Strongman told Windspeaker. "Also, United Treaty Nations have been requesting, since last year, to have a meeting with the two ministers [health and Indian Affairs] to bring both parties to the table because they tend to blame each other who's responsible for health."

The Montana chief said responsibility for health was transferred to Health Canada in 1945 but the First Nations were not consulted on that move nor did they give their permission to have the treaty relationship altered in that way. He also said there are still a lot of unfulfilled treaty promises.

The chiefs hope to discuss those issues and others at a national treaty meeting in Onion Lake First Nation (Alberta) that will take place April 17 to 19. They have drafted a letter that will invite the two ministers to attend that gathering.

If FNIHB plays hardball and starts to freeze funding or impose third party managers, the chiefs have agreed to seek a court injunction against those moves and also hope to get a court order to force the ministers to the negotiating table.

The chiefs also intend to start a letter writing campaign and explore making use of the United Nations permanent forum on Indigenous peoples to air their grievances if other measures fail to produce results.

Strongman said he'd received a verbal commitment on March 26 from Health Canada's Alberta region office that the March 31 deadline would be extended while talks were going on. He said he wants to see it in writing before he'll accept it.

Saddle Lake First Nation councillor Helen Cryer, who also works as a health technician for the Treaty 6 Tribal Council, said First Nations found that government officials were not telling all First Nations the same thing. She and other First Nation leaders accused the government of using questionable tactics.

Saddle Lake health director, Lorna Redcrow, said the government is trying to impose tough new accountability measures on First Nations but the government refuses to be held accountable for its performance on treaty issues.

"Accountability is the big word but it's all one-sided against the First Nations," she said.

She said there has been no increase in funding despite an increase inpopulation.

Redcrow said the two government departments love to play jurisdictional ping-pong with First Nations.

"They both say it's not their department," she said.

Federal officials also like to leave talks on thorny issues that they'd rather not deal with until the last possible minute and then impose deadlines, hoping the First Nations will feel pressured to sign agreements they'd rather not sign, she said.

"They always begin meeting with us in February and March. They never give us time," she said.