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Summary: First Nations groups filed the discrimination complaint in 2007, in which they alleged that there is 22 per cent less funding available for child welfare services, per child, than those living off reserve.
[18 April 2012] - A landmark federal court ruling opens the door to provide First Nations children living on reserve the same amount of funding other kids receive in the rest of Canada, aboriginal leaders say. On Wednesday, the Federal Court ruled the Canadian Human Rights Tribunal could not dismiss a complaint by First Nations groups that alleged Ottawa underfunds child welfare services for on-reserve kids and that this amounts to discrimination. “This is a great day for kids,” said Cindy Blackstock, executive director of the First Nations Family Caring Society, a non-profit research and advocacy agency. Justice Anne MacTavish said the tribunal erred in failing to provide any reasons as to why the complaint could not proceed under the Canadian Human Rights Act. While this appears to be a ruling concerning child welfare, the decision means all underfunded services — from education to policing to a lack of clean water for kids on reserves — now face scrutiny, said Blackstock. “I am so happy, but on days like today, I am reminded how sad it is that we even have to bring a case like this forward in the first place,” Blackstock said. “All areas of inequality are now opened up under the Canadian Human Rights Act legally for discussion, because of this case.” Blackstock and the Assembly of First Nations filed the discrimination complaint in 2007. They alleged studies revealed that there is 22 per cent less funding available for child welfare services, per child, than those living off reserve, court documents show. “Canada has tried to derail this hearing on legal technicalities,” Blackstock said. They also alleged that for years, the government knew of the underfunding but did nothing about it, documents show. The decision confirms that Ottawa must abide by the Charter of Rights and Freedoms and that aboriginal people can not be excluded from existing human rights mechanisms, as they are unique within the constitution, she said. In Ontario, where the battle to fund aboriginal child welfare services has waged for years, Assembly of First Nations Ontario Regional Chief Angus Toulouse called the decision a “victory.” “The battle is not over and we will not rest until our children receive the services they need and that are routinely provided to non First Nations children across this country,” said Toulouse. The tribunal must now begin hearings on the original complaint. Further Information:
pdf: http://www.thestar.com/news/canada/politics/article/1163742--federal-cou...