Reflections on the Intersections of CWICE’s work with Indigenous Communities
In Canada, we recognize National Indigenous History Month each June. This month is an opportunity to honour, build awareness, and celebrate First Nations, Inuit, and Métis People. Within the CWICE team, we are taking time to deeply reflect and show the many ways our work intersects with Indigenous people, Bands, and Communities.
As authors and non-Indigenous people, we begin by acknowledging Indigenous People have been on this land since time immemorial. We further recognize all those outside the Indigenous community are settlers or direct descendants of settlers. In our understanding, Indigenous communities have welcomed all waves of immigrants and settlers. We are sincerely grateful for their generosity and welcoming spirit, both historically and today, and believe there is much we can learn from their example.
Since we launched CWICE in 2018, we have discussed several ways our work intersects with Indigenous communities. While there are important themes to explore and some similarities across groups, we want to state clearly that Indigenous peoples are the original inhabitants of the land and have unique rights and histories. As such, whatever similarities or intersections may exist, we are not conflating the experiences of immigrants and refugees to that of Indigenous communities across Canada. This distinction is important, so we continue to promote understanding across individuals and communities respectfully.
Indigenous Ancestry + Immigration Inquiries
Since 2018, we have had several referrals for Indigenous clients across Ontario. In some situations, the child/youth receiving child welfare service is bi-racial having one Indigenous parent and one parent that is an immigrant in Canada. There have also been referrals for clients who are Indigenous in their own country and navigating their migration and settlement in Canada.
A theme, over the last year, has been referrals for families with children that were born in the United States of America (USA). Although they are Indigenous, and have rights in Canada, in many instances some family members are not Canadian citizens. Through consultations and services, we explore avenues to achieve permanency in Canada, including access to Canadian citizenship. This can be further complicated because cross border adoptions occurred in the past. The matter is more complex if individuals may not have access to identity documents, including birth certificates to demonstrate connections to Canadian parents/grandparents. These barriers are challenging to navigate. These stories and personal histories highlight historical systemic responses within child welfare systems, as well as the longstanding history of people living and moving across these land borders for generations.
Shared Experiences
Navigating borders and immigration procedures is a notable and memorable experience for refugees and immigrants. Many refugees to Canada have told us they can relate to the displacement experienced by Indigenous communities. Within Canada, Indigenous communities have experienced systemic land dispossession, forced relocation to reserves, restrictions imposed through legislation such as the Indian Act, disruptions to cultural, linguistic, and family connections, and ongoing challenges related to land and sovereignty. Refugees and immigrants may also experience displacement, separation from family and community, and the need to adapt to new social, cultural, and linguistic environments.
Both Indigenous Peoples and many refugee and immigrant communities may navigate the complexities of maintaining cultural identity, traditions, and languages while adapting to broader societal expectations. Families may work to preserve and pass on cultural teachings and languages to future generations. Members of both communities may also encounter racism, discrimination, stereotyping, and exclusion.
Of concern is how these negative and colonial experiences impact a sense of belonging, identity, safety within communities, access to education, housing, healthcare, employment, and other community-based services.
Cross Border Treaty Rights
A distinct part of Indigenous rights, that we see connected to our referrals in CWICE, is cross-border mobility.
In 2024, the government of Canada acknowledged:
“The introduction of international borders has had profound impacts on First Nations, Inuit, and Métis communities, with ripple effects across many aspects of their lives – families, governance, traditional practices, language preservation, kinship, cultural ties, and economic opportunities” 1.
Furthermore, the government recognized several communities are divided by the Canada-USA border, some examples include:
• Akwesasne on the Ontario/ Quebec/ New York border
• White River First Nation and Vuntut Gwitchin First Nation on the Yukon/Alaska border
• Métis communities at the Manitoba/North Dakota border
While not all Indigenous communities are divided by the international border, many Indigenous nations continue to maintain kinship, cultural, governance, and economic relationships across the Canada – United States boundaries. These connections predate the creation of both Canada and the United States. Many Indigenous nations traditionally moved freely throughout territories that later became separated by international borders. Article III of the Jay Treaty (1794) recognized cross-border mobility and trade for Indigenous peoples whose territories spanned the international boundary. Today, Indigenous organizations continue to advocate for greater recognition of Indigenous mobility rights and the unique circumstances of border communities.
In review of cross-border experiences, in 2023, the Government of Canada indicated they would consult with Indigenous peoples and update the Immigration and Refugee Protection Act. Today, many Indigenous people live and work, moving across the international borders, and there have been many recent concerns raised across 2025/26 about experiences at the border.
As First Nations, Inuit, and Métis are the original inhabitants of this land, their rights are constitutionally recognized, and the Government of Canada has committed to reconciliation through respect, partnership, and recognition of those rights. Indigenous nations existed long before Canada, and the provinces/territories, and their nations often extend across borders more recently designed including international ones.
In February 2026, a British Columbia First Nation issued a travel advisory for their community. This occurred due to reports from community members and increases in ICE detentions in the USA2. A short time later, the government of Canada advised Indigenous communities would need to use passports when crossing the border3. As the year continues, we will continue to monitor the impact of real time changes in customs and immigration across the Canada-USA border.
"As the Truth and Reconciliation Lead at Peel CAS, I am continually reminded that reconciliation is not only about understanding history; it is about examining how present-day systems affect Indigenous children, families, and communities. The stories shared through CWICE highlight the importance of belonging, identity, and connection. Indigenous Nations have maintained relationships to these lands since time immemorial, and our responsibility is to ensure that our policies, practices, and services honour those connections while supporting families in navigating increasingly complex systems."
-Roxanne Richer, Truth and Reconciliation Lead, Peel CAS
Federal-Provincial/Territorial Intersections
In our work, the most obvious federal-provincial intersection is that immigration is managed through federal legislation and ministries while child welfare is operationalized through provincial/territorial legislation and ministries. We often work across the federal-provincial division of service and responses, and recognize the similarity experienced by many Indigenous communities who have relationships with federal ministries and legislation. For example, Indigenous communities access federally funded health care as do many refugees through Interim Federal Health.
An area of intersection is the too-often encountered gaps between systems, sectors, or responsible parties. In our work, we frequently advocate for children, youth, and families to ensure they receive the services they need without delay, particularly when multiple systems are involved. Jordan's Principle provides an important example of addressing these types of service gaps. Developed to ensure First Nations children receive necessary services without delay or jurisdictional disputes between governments or ministries, Jordan's Principle reflects a child-centred approach to service delivery. In February 2025, the Senate of Canada recognized May 10 as Bear Witness Day, a national day of action to honour Jordan River Anderson, for whom Jordan's Principle is named.⁴
2009 Amendments to Citizenship Act
The 2009 amendments to the Citizenship Act were introduced to correct historical injustices affecting so-called “Lost Canadians.” While the changes successfully restored citizenship to many, they also created new barriers—particularly for Indigenous peoples—revealing a gap between legislative intent and lived realities.
We work closely with children, youth, and families navigating unresolved immigration status. In 2024, we worked with a mother and her daughter and both were born in the USA. During an initial discussion about pathways to citizenship for the family, the child welfare worker questioned why the family should even apply for citizenship, noting their Indigenous identity. That moment prompted a deeper reflection: why should Indigenous peoples—whose connection to this land predates Canada itself—have to prove their right to belong?
The First-Generation Limit
Prior to 2009 amendments, outdated citizenship laws left many individuals without status, often referred to as “Lost Canadians.” In response, Bill C-37 was introduced and passed with all-party support, restoring citizenship to many affected individuals. However, the amendment also introduced the first-generation limit on citizenship by descent. Effective April 17, 2009, this rule prevents Canadian citizens born outside Canada from passing citizenship to their children also born abroad.
As a result:
• Second-generation children born abroad must immigrate through other formal pathways; and
• Must become permanent residents, then meet eligibility requirements before applying for citizenship.
This effectively created two classes of Canadian citizens by descent —a concern later recognized by the courts. In 2023, an Ontario judge ruled that the second-generation cut-off violates the Charter of Rights and Freedoms. The ruling noted the limits amount to a lesser form of citizenship if obtaining it by descent.
“Substantial Connection” to Canada
The rationale behind the first-generation limit was the idea of ensuring a “substantial connection” to Canada for all Canadian citizens. Parliamentary discussions suggested that this connection could be measured by the amount of time a parent had lived in Canada before their child’s birth. While this may appear reasonable in theory, it raises an important question: Who has a stronger connection to this land than Indigenous peoples?
An Equity Lens on Citizenship
From an equity and reconciliation perspective, the first-generation limit falls short. It applies a uniform standard, such as birthplace and residency, that does not account for the unique historical, cultural, and territorial realities of Indigenous peoples. We see that Indigenous nations have maintained a continuous and profound connection to this land for generations, and long before Canadian Confederation in 1867. Under current citizenship rules, introduced by bill C-37 of 2008, Indigenous descendants may face barriers that impedes their permanency including citizenship within Canada’s borders.
Moving Forward
When the first-generation limit was introduced within the Citizenship Act, certain exceptions were made. Indigenous peoples are arguably those with the deepest and most enduring connection to this land and they were not explicitly considered. A more inclusive and historically informed approach to citizenship policy is recommended, and legislative updates to align with principles of truth and reconciliation. For Indigenous peoples, whose identities and families transcend borders, please know we are here to offer service and complex system navigation. In CWICE, we remain committed to truth and reconciliation with Indigenous communities, and permanency within child welfare to include citizenship and a sense of belonging.
For more information about CWICE – www.cwice.ca
To make a referral – cwice@peelcas.org
References:
2 First Nations in B.C. issue travel advisory for Canada-U.S. border crossings | CBC News
3 Federal government warns First Nations people to carry passport when crossing U.S. border | CBC News
4 Jordan's Principle | First Nations Child & Family Caring Society
Additional reading:
Consulting and cooperating with Indigenous Peoples on border mobility - Canada.ca - archived
United Nation Declaration on the Rights of Indigenous Peoples Act (UNDA)
Report on First Nation border crossing issues
Committee Report No. 3 - APPA (42nd Parliament, 1st Session)
ARCHIVED – Consulting and cooperating with Indigenous Peoples on border mobility - Canada.ca
The Jay Treaty of 1794 | CanLII
Supporting cross-border mobility for Indigenous Peoples - Canada.ca
Indigenous travellers - Travel.gc.ca
First Nations and Native Americans - U.S. Embassy & Consulates in Canada
About the Authors:
Thomas Abraham (he/ him) is a Registered Social Worker and Child Welfare Immigration Specialist at CWICE. Thomas joined Peel CAS in 2015 and has worked both in investigation and Ongoing services before joining CWICE. Thomas has over 17 years of experience in child welfare and human rights sector
Danielle Ungara (she/her) is a Registered Social Worker and a dedicated leader known for her creativity, and commitment to excellence and equity in practice. As CWICE Manager, Danielle has brought innovative thinking and strategic leadership to the Centre of Excellence since its inception.
