Feds drop challenge on First Nations health care
OTTAWA — The federal government is withdrawing a Federal Court challenge over the delivery of health-care services for First Nations children after reaching an agreement with the parties in a case before the Canadian Human Rights Tribunal.
Indigenous Services Minister Jane Philpott said Thursday that changes have been made to address two aspects of the May tribunal finding.
“I really hope today’s decision will demonstrate to all the parties involved … it is in the best interests of children in this country, in this case First Nations children, if we find a way to collaborate,” Philpott said speaking outside of the House of Commons.
In June, the government announced it was going to court to quash parts of a compliance order issued last spring by the quasijudicial human rights tribunal.
Specifically, Ottawa took issue with the fact the tribunal wanted requests for health services for First Nations children processed in 12 to 48 hours. It was also concerned about the tribunal stipulation it could not hold case conferences.
An agreement has now been reached between the government, the First Nations Child and Family Caring Society and the Assembly of First Nations, saying there is a legitimate role for clinical case conferences — discussions related to the delivery of services involving professionals.
It says the tool may be used when “reasonably necessary” to understand a First Nation’s child’s clinical needs so professionals can access more information on a case.
The agreement also says decisions on service delivery made within a 48-hour window might not always not be in the child’s best interests.
Cindy Blackstock, executive director of the First Nations Child and Family Caring Society, said Thursday she is pleased with the government’s decision to withdraw the judicial review, but she said it would have been helpful if it had raised concerns with the parties in the case before going to court.
“They waited 30 days to file that judicial review, which is the maximum limit,” she said.