Question Period Note: Indigenous Border Mobility Issues

• The Government of Canada recognizes the complex border crossing and migration challenges faced by Indigenous Peoples divided by Canada's international borders.
• We are working towards a durable solution to facilitate border crossing for Indigenous people. This is a shared priority outlined in the United Nations Declaration on the Rights of Indigenous Peoples Act Action Plan.
• While the Government of Canada works toward long-term solutions to address Indigenous border mobility challenges, we have implemented new temporary measures to help reunite Indigenous people in the United States with their families in Canada.
• These temporary measures will waive many of the requirements to allow eligible Indigenous people with family members living in Canada to work, study or stay for a longer period of time.

Indigenous Border Mobility Issues

Indigenous peoples and their representative organizations have long flagged the adverse impacts of Canada’s international borders and immigration legislation on families and culture, particularly for those in communities near, or intersected by, Canada’s international borders.

Many Indigenous peoples maintain border mobility is an inherent right and/or a right conferred in treaties, such as the 1794 Jay Treaty between Great Britain and the United States. However, Canada’s judicial system has not recognized an established Aboriginal or Treaty right to enter Canada.

Currently, the right to enter and remain in Canada is set out under the Immigration, Refugees and Protection Act (IRPA) and covers Canadian citizens, permanent residents and persons registered as Indians under the Indian Act. Notably, IRPA does not explicitly refer to First Nations, Inuit or Métis, nor to Indigenous people located outside Canada.

The Government of Canada’s current work to address border mobility issues builds on a number of previous commitments including:
2016: Standing Senate Committee on Aboriginal Peoples Report: Border Crossing Issues and the Jay Treaty;
2017: Minister’s Special Representative Report on First Nation Border Crossing Issues;
2018: Canada implements measures to address Canada-United-States border-crossing issues for First Nations;
2023: Commitment to improve Indigenous border mobility in PM Backgrounder and White House Factsheet

United Nations Declaration on the Rights of Indigenous Peoples
On June 21, 2021, the United Nations Declaration on the Rights of Indigenous Peoples Act (UNDA) received Royal Assent in Canada. This included a requirement to align federal laws, including IRPA, with the UN Declaration in consultation and cooperation with Indigenous peoples and to develop an Action Plan.
The Action Plan was released on June 21, 2023 and included an Action Plan Measure under the Shared Priorities chapter (APM SP52) on border mobility, developed by IRCC and CBSA, in collaboration with DoJ and Indigenous partners. APM SP52 states the following:
“The Government of Canada will take the following actions in consultation and cooperation with Indigenous peoples:
Pursue legislative amendments to the Immigration and Refugee Protection Act, amendments to relevant Regulations and revisions to policies in order to address complex border crossing and migration challenges faced by Indigenous Peoples divided by Canada's international borders, including options to amend Canada’s right of entry provision, and work and study permit requirements.
Engagement with Indigenous Peoples and their representative organizations to implement the action plan measure is being initiated in 2023, with a view to advancing amendments and policy reforms in 2024. In parallel, the Government of Canada will continue discussions with international partners on Indigenous border crossing issues. (Canada Border Services Agency; Immigration, Refugees and Citizenship Canada)”
Consultation and Cooperation with Indigenous partners
From October 2023 to February 2024, we invited participants from Indigenous communities, governments and their representative organizations to take part in roundtables across Canada and virtual meetings.
On March 22, 2024, with the CBSA, we issued a public report summarizing what we heard during these discussions. The contents of the report and the feedback in response will guide next steps for our actions in advancing this important priority.
In consultation and cooperation with First Nations, Inuit and Métis partners, IRCC and CBSA have been following a phased plan to implement APM SP52:
Phase 1: Getting the Word Out (Spring/Summer 2023) - Release of Prime Minister’s Office/White House’s Parallel Statements and UNDA Joint Action Plan Measure, as well as heads up to international partners
Phase 2: Deeper Discussions (Summer/Fall 2023 - Winter 2024) - Roundtables with Indigenous Partners (in-person and virtual) from October 2023 to February 2024; Permanent bilateral mechanisms, existing working groups and collaborative initiatives, Nation-to-Nation meetings; Discussions with provinces and territories, as well as international partners; and public communications and online submissions (Consulting and cooperating with Indigenous Peoples on border mobility - Canada.ca)
Phase 3: Reflecting Back (Winter 2024) - Publish report on what we heard and receiving feedback from partners (Indigenous Mobility and Canada’s International Borders: Reflecting back and looking forward)IRCC and CBSA are meeting regularly through three existing working groups on border mobility: the Jay Treaty Border Alliance-Collaboration Initiative (JTBA-CI), established in 2022 with the JTBA; a working group of the Haudenosaunee External Relations Committee and Government of Canada (HERC), established in 2021, and a sub-working group of the Inuit-Crown Partnership Committee (ICPC) with the Inuit Tapriit Kanatami, established in 2023. IRCC and CBSA are also meeting separately with the Assembly of First Nations, the Métis National Council and the Manitoba Métis Federation.
International Partners - U.S. & Greenland/Kingdom of Denmark
The U.S. has made public commitments on Indigenous border mobility (2023: Commitment to improve Indigenous border mobility). For approximately 100 years, the U.S. has authorized Canadian-born Indigenous peoples to enter the U.S. (based on a 50% blood quantum). The Department has been holding Director-level discussions with U.S. counterparts.
The Government of Canada is committed to making progress on Inuit mobility and have held preliminary discussions with representatives from Greenland and Denmark.

Interim Measures
Temporary measures, under the existing legislative framework have been implemented on October 10, 2024 that will allow eligible Indigenous peoples with members of their family living in Canada to work or study in Canada with some requirements waived including fees, and to visit or stay in Canada for a longer period of time.
A new application form and information on how to apply is found on the IRCC website. These temporary measures will be in place while we pursue permanent legislative solutions as outlined in the UNDA Action Plan Measure SP52.
https://www.canada.ca/en/immigration-refugees-citizenship/news/2024/10/supporting-cross-border-mobility-for-indigenous-peoples.html

None