Federal government has discriminated against on-reserve children

January 26, 2016

The Canadian Human Rights Tribunal has ruled that First Nations children and families living on reserve and in the Yukon are denied child and family services equal to what other Canadians receive.

In a 182-page ruling released Tuesday morning, the CHRT said, “As race and/or national or ethnic origin is a factor in those adverse impacts, the Panel concluded First Nations children and families living on reserve and in the Yukon are discriminated against in the provision of child and family services by (Aboriginal Affairs and Northern Development Canada).”

The panel held that evidence presented indicated that AANDC more than provided services but also set the funding mechanism “to the point where it negatively impacts children and families on reserve.”

The ruling goes on to say that funding to the First Nations Child and Family Services agencies is “based on flawed assumptions” and blasts the federal government for implementing a system that provides incentives to remove children from their homes.

The tribunal’s wording is scathing of the argument presented by the federal government: “AANDC’s position (is) unreasonable, unconvincing and not supported by the preponderance of evidence in this case.”

After years of delay, the First Nations Child and Family Caring Society of Canada and the Assembly of First Nations were finally able to present their case to the tribunal starting in 2013. The tribunal’s decision, which was expected late last year, was also delayed due to health concerns of a tribunal member.

Response to the ruling will come from AFN National Chief Perry Bellegarde and FNCFCS executive director Cindy Blackstock later this morning in a joint news conference.

However, the Canadian Human Rights Commission, the Congress of Aboriginal Peoples, the First Nations Summit and UNICEF are all applauding the decision.

“This decision directly impacts the health and well-being of our First Nation’s children and paves the way for future generations,” said CAP National Chief Dwight Dorey in a statement.

“Today's ruling, coming on the heels of the recent recommendations released by the Truth and Reconciliation Commission, represents a very important step towards healing the atrocities of the past and educating Canadians about the challenges faced by Aboriginal children, challenges perpetuated by a broken system that we can and must fix,” said David Morley, UNICEF Canada's president and CEO, in a statement.