The Canadian Human Rights tribunal ruled Jan. 26 in favour of a complaint by the First Nations Child and Family Caring Society of Canada that Aboriginal Affairs and Northern Development Canada (now Indigenous Affairs and Northern Development) discriminated against First Nations children living on-reserve by underfunding child welfare services.
“The FNCFS [First Nations Child and Family Service] Program, corresponding funding formulas and other related provincial/territorial agreements only apply to First Nations people living on-reserve and in the Yukon,” the Canadian Human Rights panel considering the complaint wrote in its findings. “It is only because of their race and/or national or ethic origin that they suffer the adverse impacts outlined above in the provision of child and family services.”
The tribunal also said that AANDC had not significantly changed the program since 1990 despite being aware of adverse effects and that the funding model provided and incentive for child welfare agencies to take children into care because eligible maintenance expenditure are reimbursable at cost.
“AANDC is ordered to cease its discriminatory practices and reform the FNCFS Program and 1965 Agreement to reflect the findings of this decision,” said the tribunal. “AANDC is also ordered to cease applying its narrow definition of Jordan’s Principle and to take measures to immediately implement the full meaning and scope of Jordan’s Principle.”
Jordan’s Principle is named for Jordan River Anderson of Norway House Cree Nation, who was born with a rare neuromuscular condition and required hospitalization from birth. The federal and provincial governments could not agree on which was responsible for Jordan’s care in a medical foster home and he died in hospital in 2005 at the age of five before the matter was resolved.
The House of Commons unanimously supported a private member’s resolution on Dec. 12, 2007, which said, “the government should immediately adopt a child first principle, based on Jordan’s Principle, to resolved jurisdictional disputes involving the care of First Nations children.” Jordan’s Principle ensures that the level of government first involved with a child whose care is under dispute should provide health services first and sort out jurisdictional issues afterwards.
The human rights tribunal reserved decision on how to remedy the situation and what, if any, compensation that victims of the discriminatory practices should receive until further meetings with the parties involved are held to address outstanding questions.
Northern Manitoba First Nations leaders said the human rights tribunal’s decision was welcome.
“I applaud the decision rendered today by the Canadian Human Rights Tribunal,” said Manitoba Keewatinowi Okimakanak (MKO) Grand Chief Sheila North Wilson in a press release. “MKO calls upon the government of Canada to embrace the decision of the CHRT and work proactively with First Nations to eliminate the under-funding of child welfare and other services that undermine the safety and well being of First Nations children on and off reserve as ordered in the decision.”
The grand chief also said MKO is committed to reforming the FNCFS program, a process the tribunal said would include three steps: reconvening the National Advisory committee to identify and make recommendations on discriminatory elements in the provision of funding to FNCFS agencies; funding talks to negotiate the implementation of equitable and culturally based funding mechanisms and policies for each region; and developing an independent expert structure with the ability to ensure that Indigenous Affairs and Northern Development Canada maintains non-discriminatory and culturally appropriate First Nations child and family services.
“MKO also cites that the province of Manitoba has a significant role to play in the reform of First Nations Child and Family Services. As stated in the tribunal, the standards for service levels are prescribed by provincial legislation, however the higher costs to deliver those services in our remote First Nations has been an ongoing issue for our agencies. MKO looks forward to working with all partners to ensure that comparable funding and comparable services are aligned to ensure the well being of our children is achieved,” said North Wilson.
“We are grateful beyond words to Cindy Blackstock of the First Nations Child and Family Caring Society, the Assembly of First Nations, Amnesty International and Chiefs of Ontario for pursing this case over nine years.” said Pimicikamak Cree Nation Chief Cathy Merrick, chair of Nanaandawewigamig, the First Nations Health and Social Secretariat of Manitoba.. “This tribunal ruling reaffirms to the public what First Nations have been saying for years. It also supports the Truth and Reconciliation Commission’s number one call to action for changes in child welfare and the full implementation of Jordan’s Principle by all levels of government.”
“The reason many children are forced into CFS care,” said Fox Lake Cree Nation Chief Walter Spence, a Nanaandawewigamig board member, “is because federal and provincial governments continue to perpetuate huge funding inequities for First Nations children and families on-reserve that do not allow for adequate services that would support children remaining in their home community.”
Nanaandawewigamig also expressed hope that remedies recommended by the human rights tribunal would be implemented swiftly.
“Our children cannot wait an additional nine years to experience equity and fairness,” said Merrick. “We welcome immediate changes in child welfare to ensure families are supported and unified, and we call on the federal and provincial governments to work with First Nations to ensure that Jordan’s Principle is implemented in Jordan’s home province of Manitoba within the year of 2016.”
“Will this new government turn a new page respond immediately to this historic decision and act to end the discrimination that First Nations youth face in our country?” NDP Churchill Keewatinook-Aski MP Niki Ashton asked in the House of Commons Jan. 26.
“I think this government has underscored and the minister herself has underscored our commitment to righting the wrongs that have happened in this country with respect to our aboriginal populations and I can only say that you can be sure of the commitment not only of the minister but of all of the members on this side of the House to working, to making sure that our aboriginal Canadians are treated as full and entire citizens of this country and have all of the rights and benefits that they should, including clean water, good education and fair play throughout,” replied Liberal Mount Royal MP Anthony Housefather.
