Ruling: Ottawa failed aboriginal kids
$200 million more a year needed to close child welfare gap, advocates say
The federal government discriminated against tens of thousands of First Nations children by providing less money for child welfare on reserves, the Canadian Human Rights Tribunal ruled Tuesday.
Calling it a “landmark ruling,” B.C.’s representative for children and youth said the decision confirms what aboriginal people have experienced for generations.
“Aboriginal children in Canada have been treated as lesser, second-class and undeserving of the opportunities, services and care afforded to other children,” Mary Ellen Turpel-Lafond said.
The quasi-judicial body published its findings nine years after a complaint from the Assembly of First Nations and the First Nations Child and Family Caring Society of Canada, which argued the federal government failed to provide First Nations children with the same level of services that exist elsewhere.
In its legally binding decision, the tribunal found First Nations are adversely impacted by the services provided by the government and, in some cases, denied services as a result of its involvement. Many First Nations children were needlessly taken from their families and placed in foster care because of inadequate funding, the tribunal found.
“The panel acknowledges the suffering of those First Nations children and families who are, or have been, denied an equitable opportunity to remain together or to be reunited in a timely manner,” the ruling said.
Turpel-Lafond said the ruling is a welcome and important step toward equality for aboriginal children.
“Even as an advocate, it is so difficult to obtain quality services for aboriginal children,” she said. “It simply must become a lot easier for these kids and their families to get the support they need and deserve. I believe that today’s decision is a step towards that.”
In B.C., more than 60 per cent of children in care are aboriginal and the number is growing, Turpel-Lafond said.
The tribunal ordered Aboriginal and Northern Development Canada to remove the most discriminatory aspects of the funding schemes used to pay for child welfare on reserves and to ensure equitable levels of service and funding.
Turpel-Lafond praised Cindy Blackstock, executive director of the the First Nations Child and Family Caring Society of Canada, who fought for this ruling for nine years.
Blackstock said the decision marked a great day for First Nations children and for Canadians who believe in justice and fairness.
She urged the federal government to take immediate action, adding she will be watching to see how Prime Minister Justin Trudeau responds, given his commitment to implement all 94 recommendations from the Truth and Reconciliation Commission.
The commission, which spent six years documenting the painful residential school legacy, called on all levels of government to reduce the number of aboriginal children taken into care by providing adequate resources for communities and child-welfare organizations.
“We don’t have a moment to waste,” Blackstock said. “We need to make sure these children get what they need immediately. … I can’t think of a lower thing that a federal government can do than racially discriminate against … kids.”
Carolyn Bennett, the federal minister of indigenous and north- ern affairs, and Jody Wilson-Raybould, the federal justice minister, also welcomed the decision.
“The tribunal has made it clear that the system in place today is failing. In a society as prosperous and as generous as Canada, this is unacceptable,” they said in a statement. “This government agrees that we can and must do better. The prime minister has tasked us to work with indigenous peoples to establish a nation-to-nation relationship, based on recognition of rights, respect, and co-operation, and partnership to make real progress on the issues like child welfare.”
Hugh Braker, chief councillor of the Tseshaht First Nation in Port Alberni, said discrimination has prevented First Nations and aboriginal child-welfare agencies from addressing critical child protection and safety issues.
Increased funding would allow child-welfare agencies to provide better family prevention services, aboriginal child suicide services and planning services, Braker said. He pointed to the high rates of child suicide, youth incarceration and violence against aboriginal children as examples of how the system has failed aboriginal children.
Charlie Angus, the NDP’s indigenous affairs critic, called Tuesday’s decision a “watershed moment.”
“The bill has come due for generations of denial and systematic negligence that has been perpetrated by Indian Affairs, by Health Canada, by the Justice Department against indigenous children.”