First Nations child welfare must be priority

The welfare, or lack of it, of First Nations children has been a long-standing travesty and it’s time for change.

From the industrial schools that morphed into the boarding schools to the ’60s Scoop, which is still with us, our children have been the collateral victims of colonialism.

Generations of traumatized First Nations children have grown up and fought their demons, but in the end, the resulting dysfunction continues to plague our communities. Clearly, we need substantial change.

The federal government now recognizes this and is developing a First Nations child welfare act. Last fall, Jane Philpott, the former minister of Indigenous Services, announced that the government would table legislation before the end of January.

A draft has been shared with a working group for the Assembly of First Nations. Some of the members of the committee have reviewed it and have expressed concerns and recommended changes. We don’t know what the substance is because the AFN has a confidentiality agreement, so the content of the proposed legislation can’t be shared.

However, Cindy Blackstock, head of the First Nations Child and Family Caring Society, states that if the legislation is going to be meaningful there must be recognition of First Nations jurisdiction over child welfare, an equitable and statutory funding base as well as a focus on the structural flaws that put children at risk. The legislation must also address family and community health and recognize the sacredness of children.

Trudeau stated that the child welfare act would be presented to Parliament before the end of January, but concerns from the AFN could have delayed the process. The so-called “drop dead” date is Feb. 18. If the bill isn’t presented to Parliament by then, there will be no time for the House of Commons and the Senate to debate and study the bill.

The Association of Iroquois and Allied Indians from Ontario has stated that there are some things they have concerns about and if they aren’t fixed, they won’t support the legislation. On the other hand, the FSIN in Saskatchewan has encouraged the prime minister to table the proposed legislation to make the necessary changes.

The sticking point is the familiar old issue of jurisdiction, where the province is allowed to intrude into First Nations jurisdiction with the subordination of First Nations’ laws to the provincial policies. This situation is as old as the country.

Under the terms of the British North America Act, the federal government has the responsibility for First Nations, but the province has the responsibility for social programs, including child welfare.

This jurisdictional dispute places the province in charge of child welfare and squeezes out First Nations jurisdiction. The issues around the ’60s Scoop are largely the fault of the province. It was under the provincial administrations that children were seized and sent to non-Indigenous homes.

There is a strong push for treaty rights and the recognition of First Nations governments as legitimate governing bodies. This, while not a panacea, is a step in the right direction. Child welfare agencies that are staffed and led by Indigenous people will have the empathy and understanding to work with families and build stronger communities.

But time is not our friend. We need to have the proposed legislation corrected, presented to Parliament and passed into law before the end of the current sitting. Formerly Philpott, Carolyn Bennet and Jody Wilson-Raybould formed a powerful triumvirate of cabinet ministers who were known as the dream team. The latest cabinet shuffle split them up and placed Philpott and Wilson-Raybould in different ministries.

Now they have to go forward at a crucial time with a newly appointed team. The new minister of Indigenous Services, Seamus O’Regan, is supposed to take the lead role, but he is new to the job and this is the second cabinet post he has held. He has a steep learning curve ahead.

Regardless of the outcome, we still are faced with a serious issue that needs to be addressed. Our children are our next generation and they will inherit the world we leave for them. Happy children free of trauma is not too much to aspire to, but for many it remains an elusive dream.