Health issues cause another delay for decision from tribunal

Eleven months after closing arguments were delivered in a case that has the potential to change the way child services are funded on reserve, the Canadian Human Rights Tribunal has yet to rule.

That delay falls well beyond the four to six months guideline under which the CHRT usually makes decisions. But the absence of a ruling has nothing to do with the upcoming federal election or potential embarrassment to the Conservative government, says Amal Picard, acting executive director and registrar for CHRT.

“The tribunal is an independent entity…. I can categorically say no. We’re an independent, impartial tribunal. There’s no influence whatsoever of any other organization on the decision of the members of the panel,” said Picard.

Cindy Blackstock, executive director of First Nations Child and Family Caring Society of Canada, whose organization initiated the human rights complaint, says there should be a “firewall between politicians and the courts/tribunals. I have no indication that the election is an issue with this delay.”

However, delays have marred the process, which began in 2007, when Caring Society and the Assembly of First Nations filed a human rights complaint against the federal government, alleging that Canada’s failure to provide equitable and culturally based child welfare services to First Nations children on-reserve amounted to discrimination on the basis of race and ethnic origin.

Many of those delays were, arguably, caused by Shirish Chotalia, who was appointed as new tribunal chair by the Conservative government in 2009. Chotalia dismissed the case in 2011. Her decision was appealed to the federal court in 2012, which set aside Chotalia’s decision and returned the case to the CHRT.

Chotalia left her position as chair in late 2012. The Conservatives also initiated numerous technical challenges to stall the hearing.

Picard says there are two reasons for the delay.

“The panel encountered unexpected delays due to unforeseen circumstances involving health issues. Review of the voluminous evidence and deliberations are ongoing and the panel is hopeful to have a decision released in a few months,” she said in an email to Windspeaker.

Blackstock says her organization received a letter from the CHRT in early September explaining that health issues were a factor in the delay. That letter followed one the Caring Society received in the spring saying the “complexity of the case” meant a decision would take longer to render.

“We surveyed the case decision times in other cases of this magnitude and 11 to12 months appeared to be the norm,” said Blackstock.

She admits she is disappointed by the delays but understands the concern for health.

“I was always hoping it would come down soon, but I also want the tribunal to take the time to render a good decision for the kids,” she said.

The Canadian Council for Child and Youth Advocates was also hoping for a timely decision. CCCYA adjusted its meetings so it could attend the closing arguments last October.

“At that time there was an optimism about the fact that the (tribunal) had heard the information and was going to, and we thought, and I think the consensus in the room was, that there was going to be a speedy response, but obviously that hasn’t happened,” said Del Graff, vice president of CCCYA and Alberta’s child and youth advocate.

Graff says this is one more delay in a “series of delays.”

“The federal government’s multiple attempts to delay and derail the trial have tragically prolonged this long wait for justice for the kids,” said Blackstock.

A hearing on the complaint began in February 2013 at the CHRT and was completed on Oct. 24, 2014.

Blackstock points out that the federal government could bring an end to the wait as it could “remedy the inequities at any time.”

Blackstock says she would like to see the care of First Nations children become a campaign election issue.

“The fact that the federal government has racially discriminated against 163,000 kids and fought vigorously to continue this wrongdoing should be a top election issue regardless of the decision. The evidence is overwhelming. A decision, however, would†no doubt give these arguments even more weight.†The key is holding whichever party gets into power accountable for making change. The kids deserve a proper childhood,” said Blackstock.

Photo Option: Cindy Blackstock, executive director of First Nations Child and Family Caring Society of Canada, surrounded by children on their way to plant hearts at Rideau Hall during the closing ceremony for the Truth and Reconciliation Commission in Ottawa in June. “Honouring Memories, Planting Dreams” gardens appeared throughout the country in remembrance of children who lost their lives at residential schools.