(Quebec) Even if he does not have the support of Chief Ghislain Picard, Minister Ian Lafrenière is tabling his bill to introduce the “approach” to cultural security in the health network, a commitment made following the death of Joyce Echaquan.
On the very last day of the parliamentary session, the Minister responsible for First Nations and Inuit tabled Bill 32, which will “implement the cultural security approach within the health and social services network”. Cultural safety refers to care that is offered with respect for the patient’s cultural identity, in particular.
The legislative text provides that each health establishment must adopt a cultural safety approach towards Aboriginal people, and take into account their cultural and historical realities in their interaction with them. Institutions will also have to promote partnership with Aboriginal communities and adapt the service offer “when possible” by means such as:
- Hiring Indigenous staff
- Access to support resources for Aboriginal people, including within the framework of any complaint examination regime
- Mandatory training for all employees on the cultural and historical realities of Aboriginal peoples
- Taking into account the specific realities of Indigenous women and girls
The bill provides for an accountability mechanism whereby institutions must, within three months of the end of their fiscal year, inform the Minister of the reassuring practices they have implemented within their walls.
Contrary to the recommendation of the Commission of Inquiry on Relations between Aboriginal Peoples and Certain Public Services (the Viens commission), the government is not modifying the Health and Social Services Act to embed the notion of cultural security.
In a new showdown with Quebec, the Assembly of First Nations of Quebec and Labrador (AFNQL) recently asked the Legault government to abandon the tabling of its bills on Indigenous languages and cultural security. The one on languages could come in the fall.
Mr. Picard affirms that the “government does not have the competence to legislate on subjects which belong only to the First Nations, including their languages and other cultural specificities”.
“When we make decisions, we go through with our decisions and that’s exactly what we’re going to do in this case,” said Minister Lafrenière on Thursday. A consultation on cultural security must also be held this fall, he added.
Change to the Professional Code
The bill contains a surprise, as the government also wants to take the opportunity to amend the Professional Code to allow flexibility for certain professional activities carried out by Aboriginal people. This is “for the purpose of promoting access by Aboriginal people to professional services in the field of mental health and human relations”, indicates the legislative text.
The government wishes to proceed by regulation and after consultation with the Aboriginal communities to “determine the conditions and procedures according to which Aboriginal people who do not meet the conditions for issuing a permit from one of the professional orders, may practice, on a territory”” certain reserved professional activities such as:
- Evaluate a person within the framework of a decision of the director of youth protection or of the court in application of the Youth Protection Act.
- Assessing a young person as part of a court decision under the Youth Criminal Justice Act.
- Determine the intervention plan for a person suffering from a mental disorder or presenting a suicidal risk who is housed in a facility of an establishment that operates a rehabilitation center for young people with adjustment difficulties.
It was in the wake of the tragic death of Joyce Echaquan, in September 2021, that the Legault government undertook to legislate on cultural security. Quebec had backed down on its commitment during the last legislature and had promised to do so if it obtained a second mandate.