Program Delivery Devolution: A Stepping Stone or Quagmire for First Nations?

• Main Author: Rae, Judith
• Language: unknown
• Published: Indigenous Law Journal 2009
• Subjects: Austin; First Nations
• Online Access: http://hdl.handle.net/1807/18356

Judith Rae is in her final year of the J.D./M.S.W. program at the University of Toronto. The author would like to thank Douglas Sanderson, Darlene Johnston, Michael Trebilcock, Mariana Prado, Austin Acton, Darcy Belisle, Kent Elson, visitors to the spring 2008 Capstone program, and participants at the May 2008 Conference on Aboriginal Economic Development for their feedback and support. In recent decades, the administration of public services for First Nations has increasingly shifted or "devolved to the Band level. This paper, focusing on examples in education and child protection services, asks whether self-administration is a useful stepping stone to genuine self-government or rather a quagmire that presents a trap or obstacle on the path to First Nations' desired goals. First Nation-run programs have produced real benefits, and provide a certain minimal level of control over local services. In comparison with residential schools and the "sixties scoop" in child welfare, they are indeed a major improvement. But viewed against a future of genuine and effective Aboriginal governance, they are frustrating and inadequate. Moreover, the costs of self-administration are building up over time. This has been particularly true within the last 10 to 15 years, during which time funding has fallen to disgraceful and discriminatory levels while efforts towards full recognition of self-government have often stalled. In the ultimate analysis, the longer the status quo on devolution remains, the greater its toll and the more limited its usefulness as a transition to self-government.