First Nations discrimination hearing begins Monday
Years of legal wrangling preceded case dealing with children on reserves
OTTAWA— Along-a-waited-hearing into allegations that Canada discriminates against First Nations children on reserves starts on Monday.
The issue at the core of the Canadian Human Rights Tribunal case is whether the federal government can be held legally responsible for the circumstances of on-reserve children in the child welfare system.
The First Nations Child and Family Caring Society and the Assembly of First Nations are complainants in the case, which is proceeding after years of legal wrangling. The groups allege the federal government is discriminating against First Nations families and children by inadequately funding child welfare services on reserves.
Research cited by the AFN and the caring society indicates children on reserves receive 22 per cent less funding for services than those who live off reserve. That under-funding leads to greater numbers of First Nations children placed under foster care, the groups say.
“It’s not just a matter of principle, although principle is critical in this,” said Kenn Richard, vice-president of the First Nations Child and Family Caring Society. “It’s also a matter of the children, and their right to a decent living scenario that all Canadians would expect.”
The Canadian Human Rights Commission is also a party in the case and maintains the complaint should be upheld.
Under the Indian Act, the federal government is responsible for funding health, education, police services and child welfare on reserves, all of which fall under provincial jurisdiction off reserve. In 2008, Parliament broadened the Canadian Human Rights Act to include matters under the Indian Act.
The groups first filed the human rights complaint in 2007, which the Canadian Human Rights Commission reviewed and referred it to the Canadian Human Rights Tribunal.
The attorney general of Canada, arguing on behalf of the federal government, asked the tribunal to dismiss the case, arguing federal funding of services on reserves could not be compared, under the Human Rights Act, with provincial off-reserve service funding.
In March 2011, the tribunal sided with the federal government and dismissed the case. But a Federal Court judge overturned that decision in April 2012, ordering the tribunal to hear the complaint with a differently constituted panel.
Cindy Blackstock, president of the First Nations Child and Family Caring Society, said in a statement the case was filed as a last resort “after successive governments have failed to implement the solutions that would help First Nations children stay safely in their families.”
“The Government of Canada needs to do what caring adults do as a matter of course — put children first and end the inequities,” she said. “We cannot, as a people or a country, afford to discriminate against children as a matter of public policy.”
The federal government has said it merely funds services on reserve, while band councils themselves deliver those services, and funding is not a service within the meaning of the Canadian Human Rights Act.
The Canadian Human Rights Commission worries that the government’s interpretation, if upheld, would undermine Canada’s human rights legislation and set a precedent for other on-re- serve services.
“This is an incredibly important case, because First Nations children have the right to the same quality of child and family support on reserves as all other children in Canada,” said spokesman David Gollob. “We’re participating in this case because we consider that the welfare of vulnerable children on reserves is a human rights issue of national importance.”
Assembly of First Nations National Chief Shawn Atleo will make a statement at Monday’s hearing, states a release.
“Equity for First Nation children and families is essential and necessary to create safety, security and to ensure our children have the opportunity to succeed,” Atleo said in the release. “All Canadians should be deeply concerned to learn that services for these First Nation children and their families on-reserve fall short of those provided to other Canadian children.”
The attorney general is appealing the Federal Court’s ruling that the tribunal hear the complaint. That appeal will be heard early next month.