NIEDB Recommendation Letter: CIRNAC - Aboriginal Treaty Rights Information System (ATRIS)

Ms. Desiree Bilsky,

Director, Consultation and Accommodation Unit, CIRNAC:

On behalf of the National Indigenous Economic Development Board (NIEDB), we would like to thank you for your participation in our Board meeting on February 10, 2025, and to take this opportunity to follow-up on the serious concerns we discussed about the Aboriginal and Treaty Rights Information System (ATRIS).

To start, please know the Board recognizes the importance of ATRIS as a centralized and accessible repository of information to facilitate consultation and engagement with Indigenous communities. Having this information readily available is vital for transparency, education, policymaking, and serves as a crucial vehicle for the Government of Canada to further support its economic reconciliation objectives, including honoring the Duty to Consult.

While recognizing these positives, we see that the inclusion of organized groups, collectives or entities based on fraudulent claims and assertions undermines the entire project’s credibility and effectiveness.

This is why we strongly urge you to undertake the necessary measures to preserve the legitimacy of this important tool. The ease of access to fraudulent listings within ATRIS undercuts our shared economic reconciliation goals and poses significant risks to the public’s trust in our institutions.

During our last Board meeting, concerns were raised about non-Indigenous organizations and self-declared groups successfully listing themselves on ATRIS without proper verification, resulting in misdirected consultation efforts that undermine the integrity of the Duty to Consult process.

The existing disclaimer, which states that inclusion does not confirm legal status or recognition, has proven ineffective, as government agencies and stakeholders continue to rely on ATRIS listings as authoritative sources, often assuming legitimacy without further scrutiny.

This has led to situations where false claimants receive benefits and consultation opportunities meant for recognized Indigenous communities. Additionally, there have been documented cases of groups exploiting ATRIS to gain financial and political advantages, with falsely listed collectives using their inclusion to secure government funding and contracts, thereby diverting resources away from legitimate Indigenous organizations.

These issues collectively demonstrate the urgent need for immediate reforms to prevent further harm and ensure ATRIS remains a credible and effective tool for Indigenous consultation and rights recognition. As such, it is the Board’s judgment that this issue demands both immediate and long-term corrective actions to ensure that ATRIS remains a reliable and authoritative tool.

Immediate Actions:

• Temporary Suspension: Temporarily take down the ATRIS website while corrective actions are undertaken to prevent further misrepresentation and misinformation.
• Verification Mechanism: Implement a robust verification process in collaboration with Indigenous governance bodies to ensure that only legitimate Indigenous groups are listed in ATRIS. This process should include clear, publicly available criteria for inclusion and a mechanism for Indigenous communities to challenge questionable claims.

Long-Term Actions:

• Comprehensive Review: Initiate a thorough review of all entities listed, with scrutiny on organizations whose Indigenous status has been contested by recognized Indigenous organizations.
• Legislative Safeguards: Strengthen policies and legal frameworks to prevent and penalize false claims of Indigenous identity by non-Indigenous entities.
• Safeguarded Accessibility: Develop a framework that maintains ATRIS as an accessible and transparent resource while incorporating safeguards to prevent the dissemination of false or misleading claims.

I urge your office to take swift and decisive action to rectify this situation. My office is available to collaborate on developing solutions, and I would welcome an opportunity to discuss this matter further.

Thank you for your attention to this pressing concern. I look forward to your response and to working together to uphold the integrity of Indigenous rights recognition in Canada.

Respectfully,

Dawn Madahbee Leach

Présidente, Conseil national de développement économique desAutochtones