Why Jurisdiction Matters: Social Policy, Social Services and First Nations

I. First Nations' Loss of Control Over Social PolicyThere is a significant literature that describes and deconstructs history of colonial and then Canadian state - Aboriginal relations. From this literature it becomes clear how First Nations were gradually stripped of their independence and control over their social and cultural affairs; that is, there are broad stroke events that gradually usurped First Nations of their self-determination. Beginning with fur trade, Royal Proclamation of 1763, settlement, implementation of English colonial policies and finally creation of Canadian state and Indian Act, all these historical occurrences led to disempowerment of Aboriginal peoples within what today is Canada.2 This part of paper describes how state gradually - sometimes not so gradually - constricted ability of First Nations to have any say or influence over social policies that shaped their lives. Indeed, Indian3 matters themselves became part of general purview of federal government social policy - that is, First Nations became objects of government social policy. Thus, phrases like the Indian question and the Indian problem came into common usage until came to be merely a sub-set of Canadian social problems along with income security, health care, housing, family and child welfare, and so on (Shewell, 2004,172, 204, 391).The modem marker in First Nations' loss of control over social policy was formation of Canadian state under British North American Act of 1867 (now Canadian Constitution Act of 1982). In addition to creation of Canadian state act also provided for formal division of powers between Parliament of Canada and provincial legislatures. Thus, under Section 91 (24) of Constitution Act, 1867, provides that and lands reserved for Indians were a federal responsibility (Canada, 2016). Instead of granting First Nations partnership status as a third order of government and among founding peoples of Canadian state they were relegated to wardship status under Indian Acts of 1876 and 1880 (Tobias, 1976). The mid- to late 19th century was then characterised by increased state intervention in Indian social affairs. As displacement from land intensified and fur trade wound down Indian economic independence markedly declined. Coates (1991) has noted that state's original response was to leave as much as possible to be Indian - meaning to encourage traditional ways of survival and livelihood. But as country's ecology, for example, significantly transformed, as game became scarce and widespread instances of starvation occurred state - that is, Ottawa - began to intervene to provide relief on a hardship basis (Shewell, 2004). Sometimes it did this directly, but more often it did it through agency of missionaries and Hudson's Bay Company (HBC). It was not unusual for missionaries to rely on chiefs to represent their situation and to distribute relief once it was obtained in kind from federal government. Similarly, HBC maintained a more interactive relationship with their First Nation trading partners and simply adapted their former practice of advancing credit to task of providing relief and then claiming compensation for costs from federal government (Ray, 1998; Shewell, 2004).A significant change in this pattern occurred when, in 1897, HBC finally pressured federal government to assume direct responsibility for funding and administering relief assistance.4 This shift in responsibility for administration of relief resulted in federal government developing stronger, clear-cut policies and procedures to determine relief eligibility and benefits. It also eliminated more interactive quality of relief provision at local level and centralised decision-making in Ottawa (Shewell, 2004). As agency system developed, state simply extended its reach into social affairs of bands through Indian Agent. …

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