November 2024

This month’s newsletter is written by Songyun Lu, who recently joined Ronalee Carey Law in a part-time position. Songyun is a second-year student in the Faculty of Law at the University of Ottawa.

Introduction of a Temporary Public Policy

Canada has recently introduced a temporary public policy supporting cross-border mobility for Indigenous Peoples. As of October 10, 2024, eligible Indigenous people can apply to work or study in Canada with some requirements waived, and those who are already in Canada can apply to extend their stay for up to 3 years. Applicants living outside of Canada must apply before travelling to Canada, while those already in Canada can apply from inside Canada. IRCC is prioritizing these applications and waiving most of the application fees. It is important to note that it is a temporary public policy and may be revoked at any time. Details on who can apply and how to apply are provided below.

Background

            The rich existence of Indigenous people dates far before the lines of colonial borders. The international borders today were introduced without consideration for the disruption of the Indigenous people’s lives, and the profound impacts of which demand a need for serious efforts by the Canadian government to advance reconciliation.

It is the tradition and culture of many Indigenous peoples to migrate freely and hunt in an expansive area of land, which they could no longer continue due to international borders dividing up the land. For years, First Nations, Inuit, and Métis communities have fought to reclaim their rights to not just travel freely between the borders but to the right of self-determination. On June 21, 2021, The United Nations Declaration on the Rights of Indigenous Peoples Act (UNDA) was introduced to provide a framework for moving forward with reconciliation with the Indigenous Peoples. Subsequently, Canada released the UNDA Action Plan two years later.

This policy is a step towards implementing UNDA Action Plan measures. Namely, the legislative amendments to the Immigration and Refugee Protection Act and Immigration and Refugee Protection Regulations, and policy revisions to address the border mobility challenges faced by Indigenous peoples. 

Who can apply?

            If you are (1) an eligible Indigenous person or (2) an eligible family member of an Indigenous person, then you can apply for these temporary measures.

• An eligible Indigenous person must satisfy ALL of the following:
• a member of a Federally Recognized Tribe in the United States or a citizen of the Manitoba Métis Federation
• a United States citizen or were born there
• have an anchor member of your family who is both
  1. a Canadian citizen, permanent resident, or person register under the Indian Act
  2. lives in Canada
• An eligible family member of an Indigenous person is a family member of an eligible Indigenous person under these temporary measures, and must do one of the following:
• If you will be accompanying the eligible Indigenous person (spouse/common-law partner, a dependent child of yours or your spouse/common-law partner’s, a dependent child of your or your spouse’s dependent child), you must be included on their application
• If you are travelling separately from the eligible Indigenous person, you must submit your own application

What can you apply for?

You can (1) apply to work in Canada, (2) study in Canada, (3) stay longer in Canada, or (4) get a temporary resident permit. You cannot apply at the port of entry – you must apply before entering Canada or after entering Canada. The usual medical exam requirement is exempted if you are eligible to apply. Other exemptions may also be granted.

How to apply?

1. Obtain forms and documents required on the ‘document checklist’
2. Fill out the forms (instructions on forms)
3. Mail your application package to this address (instructions on mailing):

IBX: Case Processing Centre

Station: 009 TL/CSU

9700 Jasper Ave NW, Suite 55

Edmonton, AB T5J 4C3

Final Thoughts

The reality is that international borders cut across many Indigenous groups, and families are legally considered ‘foreign nationals’ in each other’s land. This causes challenges beyond mobility – familial relations, identity, governance, preservation of traditions and language, cultural expression, and economic opportunities, to name a few. I personally feel that the temporary measures, while providing some relief, are not enough to address the severity and importance of the issue. I also find them confusing to navigate. However, it would be interesting to see where these temporary measures will lead us in the roadmap for implementing the UNDA Action Plan. I look forward to waking up to the sudden announcement of long-term solutions to address Indigenous border mobility challenges.