Should Governments be Above the Law? The Canadian Human Rights Tribunal on First Nations Child Welfare

2015 ◽  
Vol 40 (2) ◽  
pp. 95-103 ◽  
Author(s):  
Cindy Blackstock
Keyword(s):  
Human Rights ◽  
Child Welfare ◽  
First Nations ◽  
Federal Government ◽  
Best Interests ◽  
Child Rights ◽  
Child Welfare Policy ◽  
Nations Child ◽  
Or Practice ◽  
The Government

Many child welfare statutes protect children when caregivers jeopardise their safety and best interests, but what if the risk is sourced in government child welfare policy or practice? Instead of including provisions to hold governments accountable for placing children in harm's way, governments and their agents are largely protected against any systemic maltreatment claims made against them. This paper describes a precedent-setting case before the Canadian Human Rights Tribunal attempting to hold the Canadian federal government accountable for its systemic failure to ensure that First Nations children are protected from maltreatment linked to inequitable federal child welfare funding on reserves. The case is a rare example using an independent judicial mechanism with the authority to make binding orders against the government and enveloping the proceedings in a public education and engagement movement. Implications of the case for child rights in Canada and abroad are discussed.

scholarly journals Let’s Not Call in the Lawyers: Using the Canadian Human Rights Tribunal Decision in First Nations Education

2016 ◽  
Vol 25 (2) ◽  
Author(s):  
Ron S Phillips
Keyword(s):  
Human Rights ◽  
First Nations ◽  
Federal Government ◽  
Education Programs ◽  
Child And Family Services ◽  
Family Services ◽  
Nations Child ◽  
The Government ◽  
Government Of Canada ◽  
First Nations Education

In January 2016, the Canadian Human Rights Tribunal released its decision regarding the provision of Child and Family Services to First Nations living on reserves and the Yukon. The Tribunal found that the government of Canada had discriminated against First Nations children on the basis of their race. Many of the arguments made by the government of Canada to describe their actions in the provision of First Nations child and family services can be easily transferred to the provision of First Nations education programs and services to First Nations children throughout Canada. This article has replaced child and family services terms and phrases with education terms and phrases in the decision. Hopefully, the federal government of Canada will see the futility of fighting First Nations in education as they did in child and family services. It is time to provide First Nations students on reserves a comprehensive system of education.

scholarly journals The Complainant: The Canadian Human Rights Case on First Nations Child Welfare

2017 ◽  
Vol 62 (2) ◽  
pp. 285-328 ◽  
Author(s):  
Cindy Blackstock
Keyword(s):  
Human Rights ◽  
Child Welfare ◽  
First Nations ◽  
Ethnic Origin ◽  
Access To Justice ◽  
Nations Child ◽  
Indigenous Groups ◽  
The Government ◽  
Government Of Canada ◽  
Family Caring

In February 2007, the First Nations Child and Family Caring Society of Canada and the Assembly of First Nations filed a complaint under the Canadian Human Rights Act alleging that the Government of Canada’s inequitable provision of child welfare services to 163,000 First Nations children, along with its flawed implementation of Jordan’s Principle, was discriminatory on the prohibited grounds of race and national ethnic origin. The case was highly contested. By the time the final arguments were heard in 2014, the Government of Canada had made eight unsuccessful attempts to get the case dismissed on technical grounds and breached the law on three occasions. On 26 January 2016, the Canadian Human Rights Tribunal substantiated the complaint and ordered the Canadian Government to cease its discriminatory conduct. This article describes this historic case from the perspective of the executive director of the complainant, the First Nations Child and Family Caring Society of Canada, highlighting access to justice issues for equality-seeking Indigenous groups, children, and civil society. Recommendations for reform are discussed.

scholarly journals Meenoostahtan Minisiwin: First Nations Family Justice "Pathways to Peace"

2020 ◽  
Vol 2 (1) ◽  
pp. 67-88
Author(s):  
Joe Pintarics ◽  
Karen Sveinunggaard
Keyword(s):  
Child Welfare ◽  
First Nations ◽  
Service Providers ◽  
Best Interests ◽  
Alternative Methods ◽  
Full Time ◽  
Community Members ◽  
Child And Family Services ◽  
Family Services ◽  
Nations Child

Community justice initiatives are now common in Canada, both for young offenders and in adult criminal cases; there are only a few examples of alternative methods for dealing with justice issues in the area of mandated child welfare services. The initiative outlined in this paper represents one of the most comprehensive family justice initiatives in First Nations Child and Family Services in Canada. Meenoostahtan Minisiwin: First Nations Family Justice offers a new way of addressing conflict in child and family matters, outside of the regular Child and Family Services (CFS) and court systems. It incorporates the traditional peacemaking role that has existed for centuries in Northern Manitoba Cree communities, alongside contemporary family mediation. The program brings together family, extended family, community members, Elders, social workers and community service providers in the resolution of child protection concerns through the use of properly trained Okweskimowewak (family mediators). The Okweskimowewak’s role involves assisting participants to articulate their personal ‘truth’ (dabwe) and to hear and respect the dabwe of others; to create a safe and nurturing context by addressing inherent power imbalances; to explore the root causes of family conflict in order to address the long term best interests of children; and to facilitate innovative and collaborative planning outcomes for families. The program was developed by the Awasis Agency of Northern Manitoba, a mandated First Nations Child and Family Services agency, although it receives its services mandate from the Manitoba Keewatinowi Okimakanak (MKO) Exectuive. It is jointly funded by the Aboriginal Justice Strategy of Justice Canada and the Manitoba Department of Family Services and Housing. Overall direction for the program is provided by the First Nations Family Justice Committee, a sub-committee of the MKO Exectuive Director of Awasis Agency, and representative chiefs of the MKO region. The program currently employs a Program Coordinator, two full time regional Okweskimowewak, two full time community-based Okweskimowewak and an administrative assistant. Since its inception in 1999, the program has received referrals involving more than seven hundred families, including well over 1900 children and 1500 volunteer participants. Services have been provided in seventeen First Nation communities in Northern Manitoba as well as in Thompson, Winnipeg, The Pas, and Gillam. The Meenoostahtan Minisiwin program responds to all aspects of mandated child welfare, as well as other situations where the best interests of children are in jeopardy. These have included mediating care placement arrangements; child-parent conflicts; family-agency or family-agency-system conflicts; assisting in the development of service plans in neglect and abuse cases; advocating on behalf of families attempting to access services; family violence; larger community-wide conflicts; and working to address systemic problems which impact the lives of First Nations children and families. We believe that by establishing processes which focus on restoring balance and harmony within families and communities, we are working towards an overall increase in the health and wellness of community members. And you who would understand justice, How shall you, unless you Look upon all deeds In the fullness of light? Only then shall you know that the erect And the fallen are but one man standing in The twilight between the Night of his pigmy-self And the day of his god-self. K. Gibran

scholarly journals Reconciliation: The Kids are Here!

2016 ◽  
Vol 3 (1) ◽  
pp. 32-45
Author(s):  
Jennifer King ◽  
Jocelyn Wattam ◽  
Cindy Blackstock
Keyword(s):  
Human Rights ◽  
Young People ◽  
First Nations ◽  
Children And Youth ◽  
Rights Of The Child ◽  
Nations Child ◽  
The Social ◽  
United Nations Convention ◽  
The Government ◽  
Government Of Canada

Consistent with the United Nations Convention on the Rights of the Child, this paper describes children’s involvement in a historic human rights case that found the government of Canada guilty of racially discriminating against 163,000 First Nations children. Despite Canada’s efforts to discourage and bar young people from participating, children and youth were among the first and most engaged followers of the case, debunking the myth that children “can’t” or “shouldn’t” participate in legal matters. Children and youth who participate in social change activities benefit greatly from the experience, as do their communities. The participation of children and youth in the First Nations child welfare case demonstrates that young people are truly leaders in reconciliation and social justice; they teach us about how change really happens. Adults have a responsibility to facilitate exciting and creative ways to involve children in the social and legal processes that impact their lives.

scholarly journals Jordan’s Principle: Reconciliation and the First Nations Child

2019 ◽  
Vol 27 (1) ◽  
pp. 3-12
Author(s):  
Colleen Sheppard
Keyword(s):  
Child Welfare ◽  
First Nations ◽  
Indigenous Peoples ◽  
Residential Schools ◽  
Truth And Reconciliation Commission ◽  
Child Welfare Services ◽  
Reconciliation Commission ◽  
Truth And Reconciliation ◽  
Nations Child ◽  
The Individual

The Truth and Reconciliation Commission of Canada (TRC) was mandated to “document the individual and collective harms” of residential schools and to “guide and inspire a process of truth and healing, leading toward reconciliation.”  The stories of survivors revealed the intergenerational and egregious harms of taking children from their families and communities. In seeking to redress the legacy of the residential schools era, the TRC Calls to Action include greater recognition of self-governance of Indigenous Peoples, as well as numerous recommendations for equitable funding of health, educational, and child welfare services.

scholarly journals Indigenous healthcare: Caterpillars to butterflies, case study supporting transformation

2018 ◽  
Vol 32 (1) ◽  
pp. 40-43
Author(s):  
Roger A. Boyer
Keyword(s):  
First Nations ◽  
Federal Government ◽  
White Paper ◽  
Indian Policy ◽  
Treaty Rights ◽  
Indian Act ◽  
First Peoples ◽  
The Government ◽  
Government Of Canada

The Canadian Government released a document to aid in the relationships between the Government of Canada and First Nations around the ratification and redesign of the Indian Act of 1876. The name of this document was the “White Paper.” The Federal Government's “White Paper, statement of Government of Canada on Indian Policy of 1969,” rejected the concept of special status for First Nations within confederation—they should have the same rights and responsibilities as other Canadians. The Federal Government argued treaty rights were irrelevant in today's society; the important issues demanding attention included economic, educational, and social problems. In Canada's assessment of the “savage” situation, the government could not see wellness wholistically addressing the poverty, social crises, and bleak future faced by most First Peoples was rooted in the very denial of treaty rights and humanness. This article pushes to educate health leaders about current circumstances contributing to racism.

Marriage-based Migration and Human Rights Education: Where Does Canada Stand?

2010 ◽  
Vol 2 (1) ◽  
Author(s):  
Noorfarah Merali
Keyword(s):  
Human Rights ◽  
Federal Government ◽  
Population Movement ◽  
Foreign Countries ◽  
International Reputation ◽  
Marriage Migrants ◽  
The Government ◽  
Developed Nations ◽  
Permanent Residents ◽  
Female Marriage

Immigration for marriage is one of the most prevalent forms of population movement from developing to developed nations, particularly for women (Ghosh, 2009). As an industrialized nation with an international reputation for embracing diversity and pluralism, Canada is a country where many individuals from the developing world aspire to establish their family lives. Approximately 30 percent of newcomers arriving in Canada annually are family members sponsored by Canadian citizens or permanent residents, with the majority of them being spouses from abroad (Citizenship and Immigration Canada, 2007). Since the foreign countries from which female marriage migrants have arrived often have different systems of governance and human rights records, the responsibility has been placed on the federal government to educate newcomers about their rights as migrants and their basic human rights (Global Commission on International Migration, 2005). Since Canada’s family sponsorship policy holds male sponsors of immigrant brides directly responsible for facilitating women’s integration and upholding their rights, the government has an equal obligation to educate sponsors about each party’s rights in the sponsorship relationship. This chapter describes the method and results of a content analysis of government issued information for sponsors and sponsored persons and its human rights coverage. It outlines implications for rights-based education targeting both newcomers and their hosts/sponsors in marriage-based immigration cases.

scholarly journals First Nations, Metis, and Inuit Women's Health: A Rights-Based Approach

2017 ◽  
Author(s):  
Yvonne Boyer
Keyword(s):  
Human Rights ◽  
Health Status ◽  
First Nations ◽  
Aboriginal People ◽  
Equality Rights ◽  
Aboriginal Women ◽  
The Government ◽  
Using Data ◽  
United Nations Declaration ◽  
Human Rights Standards

The health status of Aboriginal women in Canada is disparagingly low as compared to the non-Aboriginal population. The implementation of male centred legislation, policies, and institutions that are the hallmark of Canada’s colonial history have had a long-lasting impact on the health of Aboriginal women. Although Aboriginal women have unique sets of constitutionally protected rights, the government has failed to protect these rights.The purpose of this article is to present a constitutional and human rights-based approach to address constitutionally protected rights within the context of a distinctive Indigenous appreciation of social rights and of women’s substantive equality. This article is separated into three sections. First, using data from federal government and the Native Women’s Association of Canada statistics, the health status of Aboriginal women is examined. Many international instruments and agreements recognize a rights-based approach to health. Canada, as a signatory to a number of these agreements, has acknowledged its international obligations towards the health of Aboriginal people. Two of these agreements, the Universal Declaration of Human Rights and the United Nations Declaration on the Rights of Indigenous People, provide the human rights standards that bind Canada with regard to all Canadians and are examined in the second section. The last section suggests that a constitutional equality rights framework may offer a promising basis for future right to health assertions by Aboriginal women. Through an analysis of both collective and individual rights of Aboriginal women to health, section 35 of the Constitution Act, 1982, and the Canadian Charter of Rights and Freedoms, it becomes apparent that Canada is in breach of its constitutional obligations.

scholarly journals PERLINDUNGAN HUKUM TERHADAP HAK ASASI ANAK YANG MENJADI KORBAN KEKERASAN

2018 ◽  
Vol 18 (1) ◽  
pp. 151-162
Author(s):  
Zuraidah Azkia ◽  
Muhamad Sadi Is
Keyword(s):  
Human Rights ◽  
Child Protection ◽  
Legal Protection ◽  
Law Reform ◽  
Legal Aid ◽  
Child Rights ◽  
Violence Against Children ◽  
The Future ◽  
The Government ◽  
Victims Of Violence

Child rights are an integral part of human rights so that the government must develop the obligation to protect, fulfill and respect the rights of children especially the rights of children who are victims of violence, because violence against children especially in Indonesia is increasing recently. Therefore, the form of legal protection against the rights of children who are victims of violence can be given in a repressive form that is done in a systematic way, through a series of programs, stimulation, training, education, prayer guidance, games and can also be provided through legal aid called advocacy and child protection laws. While the concept of legal protection of child rights in the future must do law reform of child protection system in Indonesia with the aim to give justice, certainty and benefit to children in Indonesia in particular so as to protect and guarantee the rights of children who become victims violence. In order for child protection law in Indonesia in the future to be able to really give protection to child rights which become victims of violence, then child protection law must be free from humanity principle based on human rights.  

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