First Nations Child and Family Caring Society Press Release

Canadian Government faces allegations of discrimination towards First Nations Children at Canadian Human Rights Tribunal

OTTAWA, Feb. 22, 2013 /CNW/ - On February 25, 2013, the Government of Canada will appear before the Canadian Human Rights Tribunal to face 14 weeks of hearings to determine if its flawed and inequitable First Nations child and family services program is discriminatory. The federal government controls and funds child and family services on reserves where as the provinces and territories do so for other children. The Auditor General of Canada and other expert reports confirm that the federal government's funding and program approaches to child and family services, including the more recent enhanced funding approach, are flawed and inequitable.

There is clear evidence linking the inequality in services to hardship among First Nations families and to the growing numbers of First Nations children in care. Dr. Blackstock said, "This generation of First Nations children deserve an equal chance to grow up safely at home - something the Federal Government deprived many of their parents and grandparents of during the residential school era."

The complaint was filed with the Canadian Human Rights Commission in 2007 by the Assembly of First Nations and First Nations Child and Family Caring Society after the Government of Canada failed to implement two evidence informed solutions to address the problem. Since then the Government of Canada has spent over 3 million dollars in its numerous unsuccessful efforts to get the case dismissed.

Alex Neve, Secretary General of Amnesty International Canada, said, "This case is important for everyone concerned about human rights.  The outcome will affect both the quality of vitally important services available to First Nations children as well as the integrity of human rights protection in Canada."

Nathalie Des Rosiers, General Counsel for the Canadian Civil Liberties Association (CCLA) says "It is very important that this case move forward, and that issues of discrimination be promptly addressed. What is at stake in this case is the integrity of our human rights regime and its ability to respond meaningfully to allegations of discrimination."

SOURCE: FNCFCS

For further information:

Craig Benjamin, Amnesty International Canada: 613-744-7667, ext 235
Noa Mendelsohn, Canadian Civil Liberties Association: 416 - 363-0321 ext 226 and 647-780-9802
Cindy Blackstock, PhD:  cblackst@fncaringsociety.com or 613 230-5885 (only available for interviews until 9:00 a.m. on Monday, February 25, 2013) 
After that time please contact Paul Champ, legal counsel for the First Nations Child and Family Caring Society at pchamp@champlaw.ca

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CHRC Press Release

At Issue: Welfare of Aboriginal Children

OTTAWA, Feb. 19, 2013 /CNW/ - The welfare of thousands of Aboriginal children living on reserves will be front and centre in hearings that get underway at the Canadian Human Rights Tribunal beginning on Monday, February 25, 2013.

The Assembly of First Nations and the First Nations Child and Family Caring Society allege that the Government of Canada is discriminating against First Nations families and children by inadequately funding child welfare services delivered on reserves as compared to the funding provided by provincial and territorial governments off reserve.

The Canadian Human Rights Commission is participating in the case.

When:  Hearing begins on Monday, February 25, 2013, 9:30 a.m. (EST)                        
The hearings will run for an estimated 14 weeks.

Where: Canadian Human Rights Tribunal, 160 Elgin Street, 11^th Floor, Ottawa

Please note: Though the hearing is open to the public, the hearing room has limited seating.

Backgrounder
First Nations Child and Family Caring Society, the Assembly of First Nations
and the Canadian Human Rights Commission
v.
Aboriginal Affairs and Northern Development Canada

The welfare of thousands of Aboriginal children living on reserves will be front and centre in hearings that get underway at the Canadian Human Rights Tribunal beginning February 25, 2013.

The Tribunal will determine whether the Government of Canada is discriminating against First Nations families and children by inadequately funding child welfare services delivered on reserves as compared to the funding provided by provincial and territorial governments off reserve.

The case originates in a complaint by the First Nations Child and Family Caring Society and the Assembly of First Nations against the Government of Canada. The Canadian Human Rights Commission sent it to the Canadian Human Rights Tribunal for adjudication, but the Tribunal dismissed it in 2011, accepting the Government of Canada's argument that federal and provincial funding levels cannot be compared.

Now, after years of legal wrangling (see Timeline below), the case returns to the Tribunal for a full hearing on the merits.

Allegations of under-funding of child welfare services provided on reserves, and the documented impact on vulnerable children, form the crux of the case. The complainants say under-funding of child welfare services on reserves results in greater numbers of First Nations children placed in foster care.

Many in Canada's human rights legal community see this as an important test of the Canadian Human Rights Act.The outcome may help determine the extent to which Aboriginal people living on reserves can use the Canadian Human Rights Act as a tool to affect real, tangible change in their communities.

The Government of Canada has taken the position that providing funding is not a "service" as defined by the Canadian Human Rights Act. If this interpretation is embraced by the Tribunal and the courts, the Government of Canada could become immune to discrimination complaints under the Canadian Human Rights Act involving funding for many kinds of services delivered to First Nations communities.

The Canadian Human Rights Commission, a party in the case, maintains that the complaint should be upheld. It takes the position that the Government of Canada's interpretation would undermine Canada's human rights legislation, adversely impacting First Nations people in particular. It would set a precedent for other on-reserve programs and services, such as police, health, and education.

TIMELINE

• 2007: First Nations Child and Family Caring Society and Assembly of First Nations and of Canada file a human rights complaint against Indian and Northern Affairs Canada.
• 2008: The Canadian Human Rights Commission refers the complaint to the Canadian Human Rights Tribunal for adjudication.
• March 2011: The Tribunal dismisses the case, accepting the federal government's argument that federal and provincial funding levels cannot be compared.
• April 2011: The Canadian Human Rights Commission applies to the Federal Court for judicial review.
• June 2011: Acting Chief Commissioner David Langtry notes the importance of the child welfare case in a June 17news release, saying:

"Full access to human rights protection has the potential to be a catalyst for real, tangible, positive change. However this could be nullified if the Attorney General succeeds in imposing such a narrow definition on the federal government's obligations. That would perpetuate discrimination, instead of ending it, as Parliament intended."

• April 18, 2012: The Federal Court overturns the Tribunal's decision to dismiss the First Nations child welfare case, and returns the matter to Canadian Human Rights Tribunal for a hearing on the merits of the case. The federal government files an appeal.
• Beginning February 25, 2013: The Tribunal will adjudicate the human rights complaint.
• March 6, 2013: The Federal Court of Appeal will hear the Government of Canada's appeal of the Federal Court's decision to order the Tribunal to conduct the full hearing.

Background on the Canadian Human Rights Commission 
and the Canadian Human Rights Tribunal

• The Canadian Human Rights Act protects our rights to equality of opportunity and freedom from discrimination.
• The Canadian Human Rights Commission investigates complaints about discrimination based on one any of 11 grounds (such as age, sex, disability, race, etc.) when the practice or action takes place in an area under federal jurisdiction.
• Most complaints are resolved by the Commission, without the need for a hearing at the Canadian Human Rights Tribunal. Where warranted, however, complaints are referred to the Tribunal for adjudication.
• The Canadian Human Rights Tribunal operates independently of the Canadian Human Rights Commission.
• At Tribunal hearings, parties can present evidence, call and cross-examine witnesses, and make submissions on how the law should be applied to the facts.
• The Tribunal has the power to decide whether there has been discrimination based on a prohibited ground, and to order remedies.
• The Canadian Human Rights Commission may participate in complaints brought before the Tribunal in representation of the public interest, and this is indeed the case with the First Nations Child and Family Caring Society complaint.

SOURCE: Canadian Human Rights Commission

For further information:

Canadian Human Rights Commission
Media Relations
613-943-9118
communications@chrc-ccdp.gc.ca
www.chrc-ccdp.gc.ca

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