Canada discriminates against children on reserves, tribunal rules

On-reserve child welfare system receives up to 38% less funding than elsewhere

CBC News Posted: Jan 26, 2016 9:03

Reaction to tribunal's decision on reserve children LIVE 11:59:59

This gathering at Parliament Hill was for the annual youth-led Have a Heart Day in 2012. On Tuesday, the Canadian Human Rights Tribunal ruled the federal government discriminates against First Nation children on reserves by failing to provide child welfare services equal to those elsewhere. (First Nations Caring Society)

The federal government discriminates against First Nation children on reserves by failing to provide the same level of child welfare services that exist elsewhere, the Canadian Human Rights Tribunal has ruled.

Cindy Blackstock, executive director of the First Nations and Family Caring Society, along with the Assembly of First Nations, filed a complaint against Ottawa with the Canadian Human Rights Commission in February 2007.

They argued the support the federal government provides for child welfare on reserves is much lower than the support provincial governments give to children off reserves – even though on-reserve needs are greater. Less funding for family support means more children end up in the child welfare system, they said.

The Canadian Human Rights Tribunal agreed, according to a decision published Tuesday morning that says the federal government's funding model and management of its First Nations child and family services "resulted in denials of services and created various adverse impacts for many First Nations children and families living on reserves."

The decision says the government must "cease the discriminatory practice and take measures to redress and prevent it." It calls for the redesign of the child welfare system and its funding model, urging the use of experts to ensure First Nations are given culturally appropriate services.

The decision also compares on-reserve child welfare to the residential schools system, where "the fate and future of many First Nations children is still being determined by the government." It recommends increasing funding and support to allow First Nations to deliver their own child welfare.

"I can't even believe we had to file a case against the Canadian government so First Nations children have the same chance to grow up in their families as other kids get," Blackstock said, before the decision was made public.

"I'm still shocked by that, even nine years later." 

In a news release, the Canadian Human Rights Commission applauded the tribunal's ruling.
"This historic decision could have a profound impact on how the government of Canada funds other on-reserve programs and services," wrote Marie-Claude Landry, chief commissioner of the human rights commission.

KEEP READING

Related Stories

• Human rights tribunal to rule whether Canada discriminated against First Nations children on reserves
• Aboriginal activist claims vindication in $20,000 ruling against feds
• Justice Murray Sinclair calls for change in child welfare system

External Links

• First Nations Child & Family Caring Society