Media.Knet.Ca

From http://www.sootoday.com/content/news/full_story.asp?StoryNumber=20097

Tribal council accuses feds of welching, job losses loom - By Carol Martin - SooToday.com - October 07, 2006

As many as 12 people could loose their jobs and 650 members of North Shore Tribal Council could be without employment counselling services within the next few weeks.

Garden River First Nation Chief Lyle Sayers announced yesterday that Indian and Northern Affairs Canada is refusing to honour its agreement to fund employment counselling up to 50 percent.

As a result, Sayers said, First Nations people are being denied access to important services that other Canadians get for free.

The funding dispute is between the province and the federal government.

North Shore Tribal Council leaders had believed the province could and would top up the funds for employment counselling services to levels paid to similar Ontario Works programs across the province, while Ontario dukes it out with the federal government.

If not, Sayers says the programs cannot be delivered.

"Indian Affairs says they don't have the money to pay it," he said.

"If that's the case, I'd sure like to know where it went because the federal government set aside funds for these programs as a result of an earlier agreement."

"These programs are vital," said one service provider in attendance.

"It gives our people an opportunity to reach for a hand up instead of a hand out," the provider said.

The full text of North Shore Tribal Council's media release follows:

********************
The Department of Indian and Northern Affairs is refusing to live up to Canada's financial obligations to Ontario (and therefore to First Nations) under a federal/ provincial social services cost-sharing agreement that dates back to 1965.

The First Nations of the North Shore Tribal Council recently negotiated an agreement with Ontario to deliver the full range of social assistance services (financial and employment assistance) to persons living on reserve who are eligible for these services.

As required for federal cost-sharing by the terms of the Canada/Ontario Agreement Respecting Welfare Services for Indians (the 1965 Agreement), the NSTC Social Assistance Program (Niigaaniin) has been accepted by Ontario as meeting the requirements and standards set out in its Ontario Works Act.

In addition, the level of funding that it has been agreed is required to meet these provincial standards is consistent with the level of funding provided by Ontario to non-native organizations delivering the Ontario Works Program in similar socio-economic and geographic circumstances.

Despite provincial and First Nation adherence to the terms of the 1965 Agreement, the Department of Indian Affairs is refusing to pay its full share of the funding First Nations have negotiated with Ontario.

At this point, eight years beyond implementation of the Ontario Works program, the Department has realized a saving of as much as $120 million across Ontario by not having to cost-share services which to this point have not been provided.

Nonetheless, the department is saying it will provide only $3.9 million in additional funding per year to support First Nation service delivery of the full program.

The bottom line: the department, with little or no expertise in the area, is presuming to second-guess Ontario in an acknowledged area of provincial jurisdiction.

It is of the opinion that the First Nations can deliver the Ontario Works program in a manner that meets provincial standards with a level of funding that is half of what it takes for non-aboriginal agencies to deliver the program in similar geographic and socio-economic circumstances.

Once again, First Nations' people in Ontario are facing discrimination at the hands of a federal department that is supposed to advance their interests.

As a result, First Nations’ people continue to be denied services to which they are entitled under law, or are being denied the level of service provided to other citizens of the province of Ontario.

Since the 1965 agreement is a federal/provincial agreement, it is up to these governments to sort out their problem.

However, given that it is First Nations and their members who ultimately experience the impact of the delay in or failure to resolve the problem, the several chiefs of the North Shore Tribal Council (NSTC) are planning appropriate action to deal with the failure of the Department of Indian Affairs to fulfill Canada’s obligations under the 1965 agreement.

NSTC Options

It is our understanding that provincial and federal officials are meeting about their difference of opinion respecting funding levels.

However, if the current impasse between Canada and Ontario is not resolved in the next very few weeks, the NSTC and member First Nations will no choice but to lay off staff, curtail operations, and at least cancel the delivery of employment assistance services to their members – thus continuing to deny their members access to services to which they have a right under provincial law.

Since it is now a condition for receipt of financial assistance that recipients of financial assistance be engaged in employment assistance services, it will fall to the federal and/or provincial governments to figure out a way to provide such services on reserve in order to ensure there is compliance with the requirements of the Ontario Works Act that both governments insist apply on as well as off reserve.

Alternatively, the NSTC and member First Nations may decide to cease acting as a delivery agent for Ontario in respect to both financial and employment assistance services - leaving it to Canada and/or Ontario to figure out how to ensure people living on reserve receive the entire range of Ontario Works services they are legally entitled to under the Ontario Works Act, and at a level consistent with delivery off reserve.

Under the terms of the 1965 Agreement and the Ontario Works Act it is our view that it is possible for Ontario to flow 100 percent of the agreed level of funding while Canada/Ontario work to resolve their impasse as to cost-share obligations under their Agreement.

This alternative has been proposed, and we are hoping for a positive response from Ontario within the next week.

In the absence of a change in the position of the Department of Indian Affairs or an agreement with Ontario to fill the funding gap at least temporarily, the chiefs of the North Shore Tribal Council will take appropriate action.