A reconciliation project

No legal advice, just some random commentary on the core principle of aboriginal rights jurisprudence in Canada

Month: May, 2011

Just watch those “Contract Support Costs”

Great news from BC and congratulations to BC First Nations!

It appears BC First Nations are now in a position to attain a greater measure of self-determination over the delivery of health services to their citizens. I guess a resolution has been passed to approve a ‘Tripartite Framework Agreement on First Nation Health Governance’.

Here’s the news story:
http://www.newswire.ca/en/releases/archive/May2011/30/c8796.html

Here’s hoping they have a clause on dispute resolution, and that they’ve given careful
consideration to “contract support costs”. In the United States, tribes that have assumed
responsibility for the delivery of health services (and have attained control), have encountered problems with the level of “contract support costs”. This has resulted in
litigation which reached the Supreme Court of the US several years ago, and I believe
there is continuing litigation on the subject.

But what I find more interesting about the US system is the existence of administrative tribunals to deal with some (probably fairly limited) aspects of self-determination contracts. Here’s a link to a general page on the IBIA:
http://www.oha.doi.gov/about_ibia.htm

Something like this would be extremely helpful to First Nations, and I imagine BC First Nations have considered it, because it provides a process for determining compliance with legislation and policy — a process that exists outside the mainstream policy and program processes of the Department.

In any event, its great to see BC First Nations moving forward with this. Congratulations to the federal and provincial governments for negotiating a space that will allow greater First Nations control over health services delivery!

My first lousy post

 

 

This is where I intend to post my thoughts on aboriginal rights, indigenous rights and reconciliation in Canada.  Most of what I intend to post here will be news and (time permitting) analysis.

This blog is intended to be a companion for a website (that has yet to go live), which will contain resources and tools to support a principled and rights-based reconcilation between indigenous nations, their successors-in-interest, and Canada.   I believe that a true reconciliation between aboriginal peoples and Canada can occur only when there is recognition of the rights of indigenous nations, that those rights are not relics of the distant past, and that with those rights come actual remedies.

I also hope to highlight situations, struggles and successes in other parts of the world.  In the hope that aboriginal peoples in Canada can both support and learn from the struggles of other indigenous peoples.  And in the event that other indigenous peoples can support and learn more about aboriginal rights issues in Canada.