Federal relief for child welfare light on dollar details

The tone has changed from one federal government to the next, but that doesn’t mean First Nations children living in care on reserves will see changes in the services they receive any time soon.

On Thursday, the Trudeau government filed its response to the Canadian Human Right Tribunal’s direction for remedies that can be implemented immediately to level the playing field between child welfare services on reserve and that which is available off-reserve.

Canada’s response, however, held few details.

“It was lacking in specifics, particularly in the immediate relief stage. The idea of that is really changing the facts on the ground for the kids. There’s a need for more concrete ideas,” said David Taylor, counsel for First Nations Child and Family Caring Society.

The federal government’s submission notes areas that “could” see funding increases as a means of addressing the discrepancies in services. However, no actual dollar figures or timelines are offered.

“The budget is mentioned as a key point in time and that makes a certain amount of sense just given how parliamentary appropriations work, but we’re left waiting until March 22 to find out exactly what’s going to happen,” said Taylor.

The Caring Society, which filed its submission on Feb. 28 as directed by CHRT, specified the measures it wanted to see taken, including an initial payment made to support the development of culturally-based child and family services; action taken to lessen the adverse impacts of the current funding formula; and, under the Jordan Principle, immediate access to public services by First Nations children on the same terms as other children.

“What we had been hoping for would have been a response that would have engaged on our specific remedies and if there was going to be a disagreement, propose something else,” said Taylor.

The Assembly of First Nations and Canadian Human Rights Commission had to submit their responses by March 3.

The AFN echoed or supported much of the measures proposed by the Caring Society. However, the AFN did offer a unique recommendation, calling for civil service employees, all the way up to deputy ministers, be evaluated and assessed for performance as a means to “change the system that sustains and perpetuates stereotyping and prejudice against Aboriginal peoples.”

“That’s something the Caring Society is certainly supportive of,” said Taylor.
On Tuesday, the Caring Society will file its reply to the submissions made by the federal government, as well as the other parties.

“It’s our chance to get the last word on the question of immediate remedies,” said Taylor.

The CHRT will then have to decide how to move forward based on the submissions. The tribunal could give a specific order, which is what the Caring Society favours, says Taylor, or the CHRT could direct the federal government to develop a system based on points the tribunal outlines. Either way, Taylor expects CHRT to act quickly.

“They’ve been moving expeditiously. The delays have not been coming from them,” he said.

After immediate reliefs are addressed, the CHRT has directed the parties to look at long-term reforms. The third component of CHRT’s decision will deal with compensation of the children impacted dating back to 2006.

The Caring Society and AFN joined in 2007 to file a discriminatory claim against the Conservative government and Aboriginal Affairs and Northern Development Canada asserting that First Nations family and child services agencies received insufficient funding to do their work on reserve.

On Jan. 26, the CHRT upheld that claim, saying First Nations children and families living on reserve and in the Yukon had been discriminated against. The tribunal also said that the government implemented Jordan’s Principle too narrowly. Jordan’s Principle calls for jurisdictional disputes over funding to be put secondary to the child’s best interest.