Oct 22, 2014 0
Arguments on a longstanding human rights complaint, which allege unequal treatment of First Nations children by the Government of Canada, will reach its conclusion in the coming week. First Nations Child and Family Caring Society and Assembly of First Nations filed a case at the Canadian Human Rights Tribunal on February 26th, 2007. The parties began closing arguments over seven years later on October 20th, 2014.
The case alleges that the Federal government does not adequately fund child-welfare services on reserves. The Winnipeg Free Press reports that services for First Nations children on reserves received 22 per cent less funding than services provided by Provincial governments to children off reserve. Cindy Blackstock, head of the First Nations Child and Family Caring Society, states in the Children and Youth Services Review that the effect of inadequate funding on First Nations children is amplified by their disproportionate representation as recipients of child-welfare services, and further inequity in other critical social services. The Globe and Mail reports that there was an abundance of evidence of underfunding produced throughout the hearing. Whereas child-welfare generally falls under Provincial authority according to the Constitution Act, 1867, the Federal government is responsible for services for First Nations children on reserves. The claimants widely condemned the Federal government for failing to fulfill its obligations.
According to the Winnipeg Free Press, the case experienced serious delays due to questions of jurisdiction. In addition to arguments about jurisdiction, Blackstock said in 2010 that the Federal government contested the claim on the basis that the current funding plan is not discriminatory. The Federal government argued that in order to prove the plan is discriminatory, the claimants must show a differential treatment between claimants’ experience on reserves and the experience of First Nations children on other reserves — the comparison should not be made between First Nations children on reserves and children off reserves, as the claimants argued. Since the Provincial government is responsible for child-welfare services for children that do not reside on reserves, any comparison to the Provincial plan is irrelevant for the purpose of establishing discrimination. Therefore, according to the arguments of the Federal government, since First Nations children receive equally on all reserves, there is no discrimination.