NIEDB Recommendation Letter: Verification of Indigenous Identity

January 1, 2024
Public Service Commission of Canada

To whom it may concern,

On behalf of the National Indigenous Economic Development Board (NIEDB), please accept this letter as formal correspondence to address a longstanding issue within the federal public service which is the method of verification of Indigenous identity for employees.

By way of background, NIEDB members are appointed by the Minister of Indigenous Services Canada with a mandate to provide strategic policy advice to the whole of the federal government on Indigenous economic development.

Comprised of First Nation, Inuit, and Métis business and community leaders, the Board helps government respond appropriately to the unique needs and circumstances of Indigenous Peoples in Canada. Our vision is a vibrant Indigenous economy where Indigenous Peoples are economically self-sufficient and have achieved economic parity with Canadian society.

It is important to understand there is a socio-economic harm caused to our communities when individuals make false claims to identity. These harms vary and can include Indigenous Peoples and Indigenous businesses losing out on job opportunities, procurement contracts, grants and scholarships.

The concept of identity is complex, and the lived experiences associated with it vast. It's unlikely there will be a national standardized solution to this problem. However, the Board strongly feels there is an overreliance on Indigenous self-identification policies throughout Canada, which we have seen within Canada’s academic institutions. Many of which who are now revising such policies after experiencing Indigenous identity fraud.

As of 2024, the current method to verify identity for the Government of Canada is self-identification through the Affirmation of Indigenous Identity Form1. After the experience in academia and in the artistic community, the Board urges the Government of Canada to move beyond self-identification, but also adopt several new policies in this process.

This recommendation is in line with the advice outlined in What Was Heard Report (2022) by First Nations University and the National Indigenous University Leaders’ Association. This report concluded that there must be a more rigorous and culturally safe validation process which involves building relationships with communities and Elders, recognizing the Traditional Knowledge and establishing Indigenous expert panels.

Therefore, in addition to government issued identification cards (Secure Certificate of Indian Status Card, Métis Nation Citizenship Card, Inuit Enrolment Card etc.), this process could extend to include familial, community and elected Indigenous leader reference letters. This would be especially helpful for those with legitimate ancestry who are still struggling to have formal documentation and their identity reclaimed under the Indian Act.

We would also recommend reviewing commissioned reports, like the report by Jean Teillet entitled: Indigenous Identity Fraud: A Report for the University of Saskatchewan2, and consulting with Canadian academic institutions and Indigenous advisory panels who are currently revising their policies across the country. In the National Indigenous Economic Strategy, Call to Economic Prosperity #303 speaks to this as well:

“Engage Indigenous Advisors to help Indigenous and non-Indigenous organizations evaluate workplace practices and strategies, measure and monitor workplace inclusion strategies, provide inclusive workplace training, and undertake systems review of strategies.”

All government hiring committees must include Indigenous Peoples, and these committees need to be properly trained and educated so that they know who we are, how we define ourselves, what legitimate documents look like, and how storytelling and connection to community inform our processes.

Additionally, there must be consequences for fraudulent claims of identity. The current Affirmation of Indigenous Identity Form states:

“That providing false or misleading information about […] Indigenous identity may result in an investigation by the Public Service Commission of Canada or its delegate; and if the investigation is founded, corrective actions may be ordered, including the rejection of my application or the revocation of my appointment.”

This warning must be taken seriously and should be acted upon. If there has never been a case where the Public Service Commission of Canada or a delegate has launched an investigation, we recommend that one be launched with an audit process for government employees to help address this issue. In conjunction to raising awareness, we recommend the government initiate a campaign about the issue of false claims of Indigeneity and the negative impacts of it.

Finally and foremost, we advocate that any policy reform on this matter must be done with and by Indigenous Peoples. In this age of reconciliation, the Government of Canada must recognize our right in determining our own identity, citizenship, and membership in accordance with our own governance, customs, traditions and cultural procedures.

The United Nations Declaration on the Rights of Indigenous Peoples is an effective framework for the government to establish respectful relationships and work collaboratively with Indigenous Peoples. Corporations can demonstrate leadership by using the Declaration as a reconciliation framework and apply its principles, norms, and standards to corporate policy and core operational activities involving Indigenous Peoples, recognition of their identity, and their lands and resources.

Achieving true reconciliation will not be possible without recognition of Indigenous rights, vibrant Indigenous economies, characterized by economic self-sufficiency and socio-economic parity with the rest of the country. Identity is more than just a piece of paper, it shapes our cultures, our communities and our socio-economic wellbeing, and we need to develop a strong policy on who is Indigenous and who is not.

Thank you for your consideration of the recommendations articulated within this letter, and please know that the NIEDB is open to a continued dialogue on this matter.

Sincerely,

Dawn Madahbee Leach
Chairperson,
National Indigenous Economic Development Board

  1. PSC 3602 E.pdf (canada.ca)
  2. Microsoft Word - Indigenous Identity Fraud -Teillet Report-October 2022.docx (usask.ca)
  3. NATIONAL INDIGENOUS ECONOMY STRATEGY (niestrategy.ca)

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