Human rights case on underfunding for child welfare being taken to court by INAC
Message from First Nations Child and Family Caring Society of Canada
INAC refers CHRC decision for tribunal to Federal Court
Hello Everyone
Sadly - INAC has taken another step in an apparent attempt to fetter this important case from being heard on its merits. It has applied for a judicial review of the CHRC decision to refer the matter to tribunal - here are some of the details.
Judicial Review Application T-1753-08 from Justice, on behalf of INAC.
The Application has two arguments:
1. Funding is not a “service” for CHRA purposes
2. Comparing federal and provincial provision of funds is without jurisdiction under the CHRA
INAC alleges jurisdictional, legal and factual errors in this regard by the CHRC and requests that the Complaint be dismissed for lack of jurisdiction and or on the basis that it is frivolous and vexatious in face of these errors.
INAC also tries to narrow the focus of the Complaint to Directive 20-1 and funding alone, but it does not ask for any declaratory relief in this regard.
Open letters from Chiefs and Agency Directors to compell PM Harper to allow this case to be heard on its merits would be helpful. We will keep you informed as things unfold.
Take Care
Cindy Blackstock,
First Nations Child and Family Caring Society of Canada
Suite 302, 251 Bank Street, Ottawa ON
Canada, K2P 1X3
Phone: 613-230-5885 ext 222
Fax: 613-230-3080
URL: www.fncaringsociety.com
Email: cblackst@fncaringsociety.com