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Dene say don't consent

First Nations and Inuit protest against Health Canada

Yose Cormier
Northern News Services

Yellowknife (May 21/03) - The Dene Nation won't consent to a new Health Canada initiative.

Health Canada is asking First Nations and Inuit to sign a consent form in order to receive their non-insured health benefits (NIHB).

NNSL Photo

The consent form for the NIHB program isn't something new for health plans, says Health Canada.

"Consent is a requirement for all health plans. Consent is also used to access such things as hospitals, out of country health care coverage and when purchasing employee/private health benefit plans," says Health Canada on its website.

Health Canada says it need names, treaty status number, benefits the client needs to access, why they need to access those benefits and how often they need to access that specific benefit in order to provide payment for users of the program. Health Canada says it collects, uses and discloses personal information for the administration, delivery and management of the NIHB program only.

The government says this is done according to the federal Privacy Act.

Health Canada says that providing consent will not affect any aboriginal or treaty rights.


However, those concerned are not convinced the consent form is the right thing to do.

"When Health Canada decided to implement this program, red flags went up all over," said Norman Yakeleya, Dene Nation health manager.

Health Canada introduced this process in order to avoid problems when a new electronic data legislation comes into effect in January 2004.

"The new legislation might not allow the health provider to send us the information we require for the benefit plan," said Leslie MacLean, director general of NIHB.

The current system allows the health provider to access and distribute client information. However, Health Canada says with the new legislation, without the client's consent that information (name, treaty status number etc.) can't be distributed.

MacLean said the consent form adheres to the new legislation, the charter of rights and freedoms and the privacy act.

She said that without consent Health Canada will start to have issues where health providers won't share information.

"If that happens we can't pay the bills because we won't know what's going on," MacLean said. "We have been required by law and we've been given legal advice that we have to get consent in order to continue the NIHB program without interruption."

Last July, after the government announced it intended to pursue the NIHB consent form program, the chiefs of the Assembly of First Nations (AFN) called for its halt saying it compromises treaty rights to health care and violates individual and human rights of First Nations.

The chiefs claimed in the resolution that Health Canada "consistently failed to provide satisfactory answers to questions related to client consent".

"Even the government's privacy commission is telling them they are going at it the wrong way," said Yakeleya.

That didn't deter Health Canada and they hope to have the consent form program implemented by Sept. 1.

But First Nations hope to have their say on that.

"It's not a done deal, though. Our suggestion (to Dene) is not to sign it. The matter is not as simple as Health Canada is saying it is," Yakeleya said, adding that the Dene want to work with other First Nations and the AFN to find a solution.

MacLean said Health Canada remains open to suggestions.

"We remain open to talking to First Nation leaders and how we can better improve our process. If there are concerns we are very open to suggestions," she said. The government says the consent form was introduced to fight prescription abuse and over-prescription by medical service providers.

"That's fine but we are saying you need to make the consent form specific for prescription drugs. The way they have it now it could be used for anything," Yakeleya said.