Thursday 22 June 2017

Bill 6, Ministry of Community and Social Services Amendment Act (Social Assistance Research Commission), 2016

Status: Order referred to the Standing Committee on Social Policy

Purpose
Bill 6 was introduced to make amendments to the Ministry of Community and Social Services Act. It proposes that definitions contained in the Act are modified to reflect the wording in the Ontario Works Act, 1997 and the Ontario Disability Support Program Act, 1997. The Bill also calls for the creation of a Social Assistance Research Commission to review existing social service programs and make changes to meet the diverse needs of recipients.

The Commission will be responsible for defining all aspects of the Ontario Works (OW) and Ontario Disability Support Program (ODSP), from defining the cost of living in different regions of Ontario to recommending the rates of social assistance for each area. Due to this, it is imperative that First Nations perspectives are adequately represented on the Commission, as 
statistically First Nations individuals have higher rates of poverty than other demographics.


Background
In 2011 the Ontario Native Welfare Administrators’ Association published a 28 page report that analyzed Ontario’s social assistance program from a First Nations’ perspective. Supported by academic research, the report examined all facets of the existing system and made recommendations as to how to improve it so that it adequately met the needs of First Nations communities and individuals.

The report found that First Nations have historically not been consulted or included in the decision-making process when modifications are made to social assistance programs. Issues that could be minimized or prevented are addressed after-the-fact and contingency measures are put into place instead of fixing the original problem. The creation of a research council that includes someone with knowledge of the economic and social barriers Indigenous individuals face is a way that the government is trying to circumvent these types of issues.

The problem with Bill 6 is its wording. It is written in such a way that it could be possible that a powerful decision-making body may have no Indigenous representation, even though the decisions made would have an impact on Indigenous people who receive income support. In short, the Bill does not satisfy the duty to consult.

Canada has a political, legislative and legal obligation to consult with First Nations when making amendments to programs and services that impact First Nations communities. The Political Accord between the Ontario Government and First Nations acknowledges that First Nations are the ones who best understand what works for their communities, not the Canadian government.

All of the information on OW and ODSP clients is collected and stored, and the data belongs to the Ministry of Community and Social Services (MCSS). It is stored in a database called the Ontario Social Assistance Database (OSAD), which is meant to improve engagement with the academic community and support evidence-based policy decisions and program development. There are no publically available program statistics for First Nations, though the data is useful when calculating poverty rates across Ontario and Canada.

Although the information belongs to MCSS, the database is managed by Statistics Canada. The information is governed by statutes such as the Statistics Act, Privacy Act, and Access to Information Act did not have a say in the creation of any of these Acts.

Issues
Currently the principles of OCAP are not incorporated in the collection and use of this information, the most important principle being First Nations control the use and disclosure of First Nations data. 

The wording of Bill 6 leaves too much room for interpretation, specifically concerning who would sit on the Social Assistance Research Commission. Section 15(3) includes that members of the commission would need (a) expertise in socioeconomic policy and research concerning poverty in Ontario, (b) expertise in the cost of living in Ontario, and (c) “general knowledge” of economic and financial challenges faced by “vulnerable groups living in poverty,” a category that includes Indigenous individuals along with other marginalized demographic groups.

Although Indigenous individuals are included in the list of vulnerable individuals under Section 15(c)(3), the term ‘general knowledge’ [of the barriers they face] is problematic. Section (c) is not specific enough to ensure that culturally relevant programs and policies that meet the needs of First Nations individuals are created. There is also no requirement that these experts be themselves Indigenous - only that they have this ill-defined "general knowledge."

Another area of concern is that non-Indigenous communities will dominate the discourse of the advisory board and dictate policy development. The possibility of "tokenism" may lead to First Nations concerns not being meaningfully addressed.

The same problems are apparent in section 4(2). The Bill is worded so that the panel member needs to have specific expertise in the economic and financial challenges faced by aboriginal individuals in Ontario, but does not necessarily have to be an Indigenous person themselves. The potential is that a powerful decision-making body may have no Indigenous representation, even though the decisions made would have an impact on Indigenous people who receive income support.

The concern is that non-Indigenous socioeconomic policy and research and non-reserve communities will dominate the discourse of the advisory board and dictate the policies developed, with the needs of vulnerable Aboriginal people not adequately addressed.

Chiefs of Ontario Work on this File: 
In Resolution 26/17 - Social Assistance and Income Security Reform, the role of the First Nations Security Reform Working Group is discussed and it is resolved that they should carry on their work. The primary recommendation of this working group is that legislation should allow for First Nations to opt out of elements of provincial income security programs as they choose and would align with the call for self-determined social services as documented in Resolution 91/34 - Framework of Social Services Principles & Policies.

The following COO resolutions relate to Income security and the OW and ODSP programs:
  • Resolution 13/16 - Provincial Social Assistance Cuts & Caps
  • Resolution16/13 - Basic Income Pilot Project ("Guaranteed basic Income" or "Guaranteed Minimum Income")

More information, including a link to the Bill, is available here.

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