Human Rights Tribunal decision confirms non-compliance by Canadian government

Shared Territory of Haudenosaunee and Mississauga Nations (September 15, 2016)–Ontario Regional Chief Isadore Day says today’s Canadian Human Rights Tribunal decision shines a glaring spotlight once again on a government system that neglects First Nation children and destroys families.

“First Nation children have been trapped in a vicious cycle of underfunding, poverty, despair and dysfunction since the days of the residential school system,” said Ontario Regional Chief Day. “There are now more children in care, more children taken from their families, than at the height of the residential schools. It is time to move beyond words to action.”

For the second time this year, the Canadian Human Rights Tribunal has issued a Second Compliance Order Against the Government of Canada on the First Nations child welfare case. In a decision released today, the Canadian Human Rights Tribunal found that the Canadian Government (INAC) has not demonstrated compliance with the Tribunal’s January 26, 2016 order finding Canada racially discriminates against over 163,000 First Nations children by providing flawed and inequitable child welfare services and failing to properly implement Jordan’s Principle.

Since 2007, when the human rights complaint against Canada was first filed, the Chiefs of Ontario participated as an interested party due to the Canada-Ontario 1965 Indian Welfare Agreement, which enables the provision of provincial child welfare programs on-reserve. Ontario is reimbursed by Indigenous and Northern Affairs Canada at a rate of 93%.

Cindy Blackstock, Executive Director of the First Nations Child and Family Caring Society, reported that she was profoundly disappointed that the federal government is failing to comply with repeated legal orders to end its racial discrimination against 163,000 First Nations children. She called on Ottawa to move from “empty rhetoric to meaningful action.”

“This is not another federal budget line item that can be shuffled along until the year 2019. This cannot be another broken promise like the lifting of the 2 per cent funding cap on basic services,” said Ontario Regional Chief Day. “Both the federal and the Ontario governments must take this decision seriously and work with Ontario First Nations to improve conditions on reserves – not only because we now know that the law and the basic idea of equality require it – but because it is the right thing to do if we are going to achieve a positive Nation to Nation relationship and have healthy future generations.”

The federal and provincial government must act now upon the first five recommendations of the Truth and Reconciliation Commission, specifically “providing adequate resources to enable Aboriginal communities and child-welfare organizations to keep Aboriginal families together where it is safe to do so, and to keep children in culturally appropriate environments, regardless of where they reside.

“These are meant to be exciting times ahead for all peoples living in Canada – whether Indigenous or non-Indigenous. The CHRT once again shows us that the new government’s promises are well founded in Canadian law, and the time is now to move forward together beyond words and into action,” said Ontario Regional Chief Day. “All of the socio-economic determinants of health need to be addressed in order to build happy, healthy communities. Together, we will build a better country for all our children.”

The compliance order can be found at the First Nation Child and Family Caring Society of Canada website.  https://fncaringsociety.com/all-news

The Chiefs of Ontario is an advocacy forum, and a secretariat for collective decision making, action, and advocacy for the 133 First Nation communities located within the boundaries of the province of Ontario, Canada.