CHRC get involved in child welfare challenge

After years of complaints and pleas to correct the inequities in the child welfare system, the Canadian Human Rights Commission (CHRC) will be reviewing the situation. Perhaps more important, the CHRC may impose corrections that the government failed to see through.
It was over a year ago that the Assembly of First Nations (AFN) along with the First Nations Child and Family Caring Society (FNCFCS) filed a complaint with the CHRC regarding insufficient funding for First Nations child welfare. After 12 years of lobbying for equal funding, the AFN concluded that a formal complaint with the CHRC was the best way to go.
On Oct. 16, the CHRC announced they would hold a tribunal regarding the matter. If the CHRC decides against the federal government, in theory it would ensure definitive action.
"The bonus that the Human Rights Commission brings is that not only can they make a determination as to whether discrimination is happening, but even more importantly for us they can order a remedy to that discrimination that is binding in federal court," said Cindy Blackstock, the executive director of FNCFCS.
Blackstock addressed that it's essential that the CHRC take a position on this case when looking at the fact that the government of Canada has known about discriminatory child welfare funding for well over a decade.
"It's been documented by three independent reviews. Most recently, by the Auditor General herself who completed a review in May of 2008 and found that the federal government funding of child welfare on reserves is inequitable," explained Blackstock.
The two other reviews were the 2005 Wend;e Report and the AFN's 2006 Leadership Action Plan on First Nations Child Welfare.
"Despite all of this, the federal government has not moved to ensure that every First Nations child on reserve is provided with equitable child welfare funding."
Blackstock, a member of the Gitksan Nation, has been involved in the child and family services field for over 20 years. One of her key interests is exploring the overrepresentation of Aboriginal children in child welfare care.
"We do a lot of advocacy here at the Caring Society. We have two rules and one is we will never do anything to embarrass the children and number two is we will never do anything to embarrass the ancestors," explained Blackstock adding, "having that said, we're not going to wait for Canada to give us equality, we'll take it."
She explained that the Canadian government has already acknowledged the growing rates of First Nations children going into care is linked to their inequitable funding.
"What we know is between 1995 and 2001, the number of status Indian children going into child welfare care increased 71.5 per cent, even though the population of status Indian children dropped one per cent during that same timeframe."
She compared those numbers to the '60s scoop, or even the residential school period.
"We have three times the number of First Nations children in child welfare care than we did at the height of the residential schools. We know it's not due to abuse. It's only due to neglect fueled by poverty, poor housing and care giver substance abuse which can be traced back to residential schools," explained Blackstock.
During this era's slow going process of healing from the past, inequities such as these only serve as another hill to climb.
"It makes me wonder about the apology that was offered on June 11th 2008. I was very pleased to see that apology occur, but I've been taught that when you've done something wrong you're first obligation is to learn. Not just to apologize, (but) to really understand what happened in a way that stops you from repeating that again."
Blackstock expressed that if the government of Canada was truly learning from the experience of residential schools than it would be, "unconscionable for it not to provide equal treatment for First Nations children." She said that it applied to, not just child welfare, but also education, health, culture and language.
Blackstock also noted that it could be a good start towards healing if the government of Canada rectified the wrong system. Unfortunately, it appears the government of Canada may not yet be ready to go beyond the apology, as they've already made technical objections throughout the ordeal and they could very well appeal this in court in order to delay the hearing.
"Our message to the Minister of Indian Affairs and to the Prime Minster of Canada is that an accountable and responsible government would allow this case to be heard on its merits," said Blackstock. "We are urging the Prime Minister to allow this case to be heard without any further judicial appeals, etc, that are unnecessary going into federal court."
The CHRC is expected to hold the tribunal within ten months. Blackstock urged those who want to be heard regarding this matter should log onto their Web site at www.fncfcs.com where they'll find six ways to make a difference for Aboriginal children. Furthermore, the AFN and the FNCFCS will be holding a fundraising campaign to alleviate the costs of this endeavor.