First Nations and Canada’s Emergencies Act

Canada has legislated its commitment to implementing the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). This legislation requires Canada to reform its laws to be consistent with UNDRIP and to recognize Indigenous peoples’ right to self-determination. Little has been written on Indigenous peoples role in federal emergencies. Canada’s Emergencies Act and Emergency Management Act do not mention Indigenous peoples. As such there is no requirement for Canada to engage with, or report to, Indigenous peoples at times of emergencies in spite of the often devastating impacts on their people, territories, resources and infrastructure. This paper explores the ways that Canada can recognize First Nation jurisdiction and work with Indigenous peoples at times of emergencies. Experiences with forest fires, floods and invasion of the military provide lessons for how to reform Canada’s emergency laws. These reforms must be enacted through engagement with First Nations and with particular attention to capacity building, protocols and agreements for coordination and support. Canada’s emergency laws have an important role to play in implementing UNDRIP and the rights and title of First Nations in Canada. With so many natural disasters being caused by climate change, it is critical that First Nations play a strong role in Emergencies in their own territories.