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Viens Commission: Ombudsman fears setback for Indigenous rights

Quebec’s Ombudsman fears setbacks in respecting the rights of First Nations and Inuit in public services.

Marc-André Dowd shared his concerns in a presentation on Thursday on the status of the implementation of the calls to action of the Commission of Inquiry on Relations between Indigenous Peoples and Certain Public Services in Quebec (CERP), also known as the Viens Commission.

“Two years after the publication of our first follow-up report, we note that the shortcomings remain a concern. In addition, the current context of budgetary restrictions and the non-renewal of certain funding compromise several achievements and may even lead to setbacks,” he lamented.

The document describes the progress made and the challenges that remain in four areas: cultural security, language rights, self-determination, and global issues.

Dowd was particularly critical of cultural security. Based on responses from the ministries and agencies covered by the CERP and discussions with the Advisory Circle, composed of representatives from First Nations and Inuit organizations, he asserted that the Act establishing the cultural safety approach within the health and social services network, adopted by the Legault government in 2024, “requires a profound transformation of vision and practices in order to be implemented.”

The Ombudsman emphasized that no funding has been allocated for this purpose and that Santé Québec has not established a common plan for all of its institutions.

He added that “the requirement for a culturally safe approach must apply to other public services,” such as justice and education, and “not be limited to the health and social services sector.”

The report states that hiring First Nations and Inuit staff is “fundamental” to ensuring cultural safety in government services. Dowd noted, however, that recruiting and retaining them remains difficult “due to the structural precariousness of the positions.”

According to him, “the end of several funding programs compromises essential measures,” including staff training in detention facilities.

Furthermore, the ombudsman observed that exceptions to the Charter of the French Language aimed at protecting the language rights of First Nations and Inuit have “blind spots” in their practical application. He gave the example of English-speaking midwives who provide culturally appropriate support in their communities but are not legally authorized to continue this support when patients are transferred to hospitals outside the community.

Dowd also reported that young people housed in rehabilitation centres continue to receive instructions prohibiting them from communicating with their peers in their native language within the facility.

This report is a qualitative analysis of the implementation of 129 calls to action from the CERP. The remaining 13 will be addressed in the next follow-up report, which will focus specifically on youth protection.

“The issues raised in our report demonstrate the scope of the work to be done, work that must be based on formal recognition and genuine integration of the right to self-determination of First Nations and Inuit,” he concluded.

This report by La Presse Canadienne was translated by CityNews