April 2, 2015

Indigenous Connectivity Policy in Canada

Partnerships between First Nations organizations and government agencies are challenged given a lack of clarity over the scope and strategy for broadband development. A national study undertaken in 2010 found that First Nation regional technology organizations felt disconnected from the policy process, and lacked voice in decisions around broadband deployment and implementation. To read about these issues, download Putting the ‘last-mile’ first: Re-framing broadband development in First Nations and Inuit communities.

One challenge raised by participants in that study was the lack of a coordinated national digital strategy on the part of the federal government. That issue may be (slowly) improving. In April 2014, the government released its long-awaited digital strategy, called Digital Canada 150. The Digital Canada 150 website provides a broad outline of the government’s approach to building digital infrastructure, addressing issues of consumer rights and security, and leveraging digital technologies for economic development. Watch a short video from CBC News about the launch of the strategy.

Not all commentators supported Digital Canada 150. For example, law professor Michael Geist called it unambitious, particularly when compared to similar initiatives in countries like the U.S. and Australia. In a previous article, Geist writes that 10 years ago, Canada was the top ranked country in the world for the breadth and sophistication of its electronic government services. Over time, we lost this integrated, strategic approach.

This led the Auditor General of Canada to report in a 2018 audit on connectivity in rural and remote areas that we lack strategic vision in this area. The report noted that:

“Many examinations of broadband Internet in Canada have recommended that the federal government create a national broadband strategy, but the government has not agreed to take that step. In fact, Innovation, Science and Economic Development Canada has been reluctant to establish a strategy without funding. So, the Department did not have a strategy to meet the connectivity needs of Canadians in rural and remote areas. This means that people in these areas have less access to important online services, such as education, banking, and health care, and do not have information about when they could expect better access” (para 1.17).

In 2019 the Government announced Canada’s Digital Charter in an attempt to present an inspirational strategic vision to guide Canada into the digital future. At the same time the next phase of Canada’s infrastructure strategy was expressed in the document High-Speed Access for All: Canada’s Connectivity Strategy (PDF), outlining the Government’s plan to leverage the latest technologies, including Low Earth Orbit (LEO) Satellites, reducing administrative hurdles, improving partnerships with industry, local initiatives, data-sharing, coordination and emphasizing measurable success. This also included major funding announcements such as for the Universal Broadband Fund and the CRTC’s Broadband Fund.

These documents have been accompanied with various policy and regulatory consultations focused on rural and remote regions, including topics such as barriers to the  deployment of broadband, access to spectrum by non-dominant providers, and wholesale rates for third-parties to access fibre optic infrastructure (a decision that was later rescinded by the CRTC). As is clear in the CRTC’s backtracking over the wholesale rates decision, many of these policy and regulatory changes are contentious, as non-dominant providers (including Indigenous networks) negotiate with government and large commercial providers.

These consultations provide formal opportunities for public interest and Indigenous groups to present their positions (and evidence) on the record, which is a requirement for policy and regulatory decision-making due to rules of procedural fairness. However, small non-profits have noted that they often lack the resources (financial, time, expertise, etc) to contribute on a level playing field with massive incumbents. Initiatives such as the FMCC and the Indigenous Connectivity Summit provide training and supports to Indigenous groups to contribute to these important consultations. Through their recommendations and contributions to public hearings, Indigenous parties point out the limitations and gaps in existing policies, with the goal of supporting their connectivity projects and addressing digital divides while retaining ownership, control, access and possession of resulting infrastructure and services.

As well, Indigenous groups are also developing their own connectivity policies. These include the development of policy recommendations through venues such as the Indigenous Connectivity Summit. As well, in the years leading to the release of Digital Canada 150, First Nations put forward their own national policy proposal: the e-Community Strategy, which we’ll address next.