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.

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 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.

Missiological implications for Taylor Seminary arising from Canada’s Truth and Reconciliation Commission’s recommendations

2017 ◽  
Vol 45 (4) ◽  
pp. 407-413
Author(s):  
Allan Effa
Keyword(s):  
First Nations ◽  
Truth And Reconciliation Commission ◽  
Final Report ◽  
Cooperative Effort ◽  
Truth And Reconciliation ◽  
Cultural Genocide ◽  
The Government ◽  
Government Of Canada ◽  
Set Up

In 2015 the Truth and Reconciliation Commission of Canada concluded a six-year process of listening to the stories of Canada’s First Nations, Inuit and Métis peoples. More than 6000 witnesses came forth to share their personal experiences in listening sessions set up all across the country. These stories primarily revolved around their experience of abuse and cultural genocide through more than 100 years of Residential Schools, which were operated in a cooperative effort between churches and the government of Canada. The Commission’s Final Report includes 94 calls to action with paragraph #60 directed specifically to seminaries. This paper is a case study of how Taylor Seminary, in Edmonton, is seeking to engage with this directive. It explores the changes made in the curriculum, particularly in the teaching of missiology, and highlights some of the ways the seminary community is learning about aboriginal spirituality and the history and legacy of the missionary methods that have created conflict and pain in Canadian society.

scholarly journals Accountability and Control: Canada’s First Nations Reporting Requirements

2015 ◽  
Vol 9 (2) ◽  
pp. 117 ◽  
Author(s):  
Ron Baker ◽  
Bettina Schneider
Keyword(s):  
Institutional Theory ◽  
First Nations ◽  
Reporting Requirements ◽  
The Government ◽  
Government Of Canada ◽  
Auditor General ◽  
And Control

This paper explores the accountability relationship between the Government of Canada and First Nations Bands arising from Program Devolution. Reporting requirements associated with this relationship have been characterized in a 2002 Report of the Auditor General of Canada as burdensome and of little use to many of the First Nations communities that are compelled to meet them. This study examines the reporting requirements used in the Auditor General ’s report and drawing on institutional theory and accountability literature develops a theoretically informed argument positioning Program Devolution, as it was practiced, as a colonizing undertaking that undermines self-government.<br /><br />

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.

“This Is Going to Affect Our Lives”: Exploring Huu-ay-aht First Nations, the Government of Canada and British Columbia’s New Relationship Through the Implementation of the Maa-nulth Treaty

2018 ◽  
Vol 33 (3) ◽  
pp. 309-334 ◽  
Author(s):  
Vanessa Sloan Morgan ◽  
Heather Castleden ◽  
Keyword(s):  
British Columbia ◽  
First Nations ◽  
Indigenous Peoples ◽  
150Th Anniversary ◽  
Canadian Provinces ◽  
The Government ◽  
Government Of Canada

AbstractCanada celebrated its 150th anniversary since Confederation in 2017. At the same time, Canada is also entering an era of reconciliation that emphasizes mutually respectful and just relationships between Indigenous Peoples and the Crown. British Columbia (BC) is uniquely situated socially, politically, and economically as compared to other Canadian provinces, with few historic treaties signed. As a result, provincial, federal, and Indigenous governments are attempting to define ‘new relationships’ through modern treaties. What new relationships look like under treaties remains unclear though. Drawing from a comprehensive case study, we explore Huu-ay-aht First Nations—a signatory of the Maa-nulth Treaty, implemented in 2011—BC and Canada’s new relationship by analysing 26 interviews with treaty negotiators and Indigenous leaders. A disconnect between obligations outlined in the treaty and how Indigenous signatories experience changing relations is revealed, pointing to an asymmetrical dynamic remaining in the first years of implementation despite new relationships of modern treaty.

A retrospective on reconciliation by design

2018 ◽  
Vol 32 (1) ◽  
pp. 15-19 ◽  
Author(s):  
Alika T. Lafontaine ◽  
Christopher J. Lafontaine
Keyword(s):  
First Nations ◽  
Indigenous Peoples ◽  
Indigenous Health ◽  
Transformational Change ◽  
Alternative Approach ◽  
Stakeholder Alignment ◽  
The Government ◽  
Government Of Canada ◽  
Multi Stakeholder ◽  
Thinking Tools

It is well-established that Indigenous Peoples continue to experience a lower level of health than non-Indigenous Peoples in Canada. For many health leaders, finding practical strategies to close the gap in health disparities remains elusive. In this retrospective study, we will illustrate our own experience of transformational change using design and systems thinking tools toward a primary outcome of multi-stakeholder alignment. Using this approach enabled three Indigenous Provincial/Territorial Organizations (IPTOs) representing more than 150 First Nations communities from Saskatchewan, Manitoba, and Ontario to establish the largest community-led, collaborative approach to health transformation in Canada at the time. These IPTOs have gone on to pursue some of the most ambitious health transformation initiatives in Canada and in September 2018, were granted $68 million in funding support by the Government of Canada. If health leaders are looking at an alternative approach to closing the gap in Indigenous health, alignment thinking has shown promising results.

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