Abstract

The Canada Health Act (CHA) (1985) has fostered gaps in Indigenous healthcare services, through its ambiguous inclusion of Indigenous communities without acknowledging their unique needs and failing to engage the fact that provincial/territorial, federal and Indigenous governments all act as primary care providers. While the CHA symbolizes Canada’s commitment to equitable access, Canada has not respected this principle when it is the healthcare provider. The paper argues for a modernization of the CHA to remedy these deficits, or federal intervention through regulations, and not waiting on the enactment of distinctions-based Indigenous health legislation which may never be passed.