The Role of Provinces,States, and Territories in Shaping Federal Policy for Indigenous Peoples’ Health

ABSTRACT

Under both Canadian and United States law, the availability and quality of healthcare and health services to Indigenous peoples are primarily a federal responsibility. Nevertheless, sub-national authorities—most importantly provinces, states, and territories—play a crucial role by virtue of covering (often through federal mandate) services, and regulating health facilities and health personnel off-reserv(ation). While both federal governments have undertaken efforts to transfer, within their fiduciary obligations, their responsibilities for Indigenous peoples’ health to the management of Indigenous peoples themselves, that transfer has considered or included provincial, state, and territorial authorities and resources unevenly, and, in some cases, in tension with the objectives of respecting standards for quality and access. This article applies the methodology used by Canadian researchers of the sub-national health authority issue to the health transfer experience in the United States. The article summarizes findings that demonstrate similar deficiencies as those present in the Canadian transfer process. The article further outlines the experiences of Hawai`i and Ontario as offering models through which to address some of these deficiencies. The article finally suggests that there is a positive relationship between greater participatory models adopted by provinces, states, and territories and better health outcomes among Indigenous groups so included.     

Fannin’ Flies and Tellin’ Lies: Black Runaways and American Tales of Life in British Canada before the Civil War

Fannin’ Flies and Tellin’ Lies examines the many falsehoods told by slaveholders in the American South to prevent enslaved Blacks from running away to British Canada throughout the antebellum. Blacks were wrongly instructed on Canada including fabrications ranging from the Monarch would demand half of their earnings to rice was the only crop that could be grown in the British colony. At times the lies were totally inaccurate and humorous; on occasion they were half-truths or white lies, but indefinitely these falsehoods, instead of misinforming Blacks, suggested to them the benefits of Canada. Blacks deconstructed and reacted to lies by concealing their desire to defile the institution of slavery by flight to Canada and turned the art of lying into a tool of insurrection and a means of greater liberation.     

Tribal Sovereignty and the Problem of Difference in Environmental Regulation: Observations on “Measured Separatism” in Indian Country

Abstract: The legal and juridical sovereignty of American Indian nations is supposed to help Native peoples maintain their own distinct political and cultural communities. In the context of environmental issues, this means that tribal governments have both the inherent and statutory right to set their own environmental standards, which have the potential to protect tribal peoples and their natural resources in culturally relevant ways. In the past, the US Supreme Court has sought to curtail this kind of sovereignty when the due process of non‐Indians might be hindered. In this article, we look at why tribal environmental sovereignty can and should address the issues of due process in the context of environmental regulation in tribal borders, and make a call for this to be done in a way that supports American Indian tribal sovereignty. Moreover, we connect these issues to the current legal and juridical struggles of other environmental justice groups and the need for more meaningful participation in environmental regulation within the nation‐state for all cultural minorities.