IRCC Minister Transition Binder 2023: Indigenous Border Crossing

Issue

• Implement the commitment by Immigration, Citizenship and Refugees Canada (IRCC) and Canada Border Services Agency (CBSA) to work in consultation and cooperation with Indigenous peoples to: “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.” (Action Plan Measure 1/52 of the United Nations Declaration on the Rights of Indigenous Peoples Act (UNDA) Action Plan).
• Via this UNDA Action Plan Measure, IRCC and CBSA have committed to engage with Indigenous peoples and their representative organizations, 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.

State of Play

• The legislative right of entry to Canada is in the Immigration and Refugee Protection Act (IRPA). IRCC and CBSA are co-leading policy work [Redacted] for a legislative amendment to recognize an Indigenous right of entry. This work is supported by Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC). There are high expectations from Indigenous partners that this amendment will be made, after many years of raising the issue with the federal government.
• A key principle of Reconciliation, as set out in s.5 of UNDA, states that legislative amendments concerning Indigenous peoples “must be taken in consultation and collaboration” with them. Engagement must be meaningful to the Indigenous community and accessible. The Department has scoped out a comprehensive engagement strategy, with three phases: 1) Getting the Word Out; 2) Deeper Discussions, and 3) Reflecting Back.
• The Phase 2 Deeper Discussions are taking place in two main forums: (1) through existing working groups, such as the Jay Treaty Border Alliance Collaboration Initiative (JTBA-CI) and Haudenosaunee External Relations Committee Working Group; and (2) a cross-Canada Listening Tour in fall 2023, along with creation of an online portal where input and border crossing experiences may be shared.
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Key Messages

• 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 to address these challenges and facilitate border crossing for Indigenous Peoples by pursuing legislative, regulatory and policy reforms to amend the Canada’s right-of-entry provision in section 19 of the Immigration and Refugee Protection Act and work and study permit requirements for Indigenous Peoples. This work is outlined in measure 52 of the United Nations Declaration on the Rights of Indigenous Peoples Act Action Plan.
• The Government of Canada is actively engaging with First Nations, Inuit and Métis groups to discuss and advance plans to reform cross-border mobility and immigration for Indigenous Peoples and is continuing discussions with international partners on Indigenous border-crossing issues.

Next Steps

• It is likely that you will be invited to the JTBA-CI High Table in Calgary in October 2023. The Department will provide you with the necessary support, including communications support.
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Background

• Indigenous partners have long flagged the adverse impacts of international borders and immigration legislation on their families and culture, particularly for those in communities near or intersected by Canada’s international borders. There have been repeated calls for expansion of the legislative right of entry to Canada, currently in s. 19 of the Immigration and Refugee Protection Act, including in the 2017 Report on First Nation border crossing issues. The Government’s 2018 response to that report included a work with First Nations, Inuit and Métis communities on complex border-crossing issues.
• In late 2022, the Ministers of Public Safety, Crown-Indigenous Relations and Immigration, Refugees and Citizenship made a key commitment in supporting the Jay Treaty Border Alliance’s view that a legislative amendment to recognize an inherent right of entry is critical, and agreed to make it a priority over the government's remaining mandate. This was echoed during President Biden’s March 2023 visit to Canada, where the Prime Minister and President committed to work in partnership with First Nations, Inuit, and Métis Peoples in Canada and Tribal Nations and Alaska Native Villages in the U.S., to find solutions to longstanding border issues.