Ontario First Nations invites UN Special Rapporteur to investigate Human Rights violations
The InJustice Project: advocating for indigenous justice
Throughout Canada, Aboriginal people living on reserves endure conditions akin to some of the poorest developing countries in the world. 73% of First Nations are in need of affordable housing, 12% have to boil their drinking water and the unemployment rate is nearly four times greater than it is for the rest of Canadians. Since 1996, the federal government has maintained an arbitrary 2% cap on spending increases for core services for Aboriginal peoples – less than one-third of the average 6.6% increase that most Canadians enjoy. In 2005, average Aboriginal per capita funding from the federal government was approximately $8500, whereas non-Aboriginal per capita funding from municipal, provincial and federal governments was approximately $15,188. The perpetuation of these conditions is contrary to the Canadian Constitution and international law.
This situation has been aggravated for select First Nations in Ontario by arbitrary funding distinctions between First Nations. The funding formulas used by Indian and Northern Affairs Canada (INAC) were the subject of a 2008 study PricewaterhouseCoopers LLP which found the five large First Nations receive substantially less funding per capita than smaller First Nations. This disparity remains even after accounting for factors such as economies of scale and urban proximity.
It is time for the Canadian Government to end chronic and discriminatory underfunding of reserve communities in Canada. The social and economic conditions on all reserves in Canada not only violate the Constitution of Canada. They represent grave violations of civil, political, social, economic and cultural rights enshrined in the International Covenant on Civil and Political Rights, the International Covenant on Social, Economic and Cultural Rights, the Convention on the Elimination of All Forms of Racial Discrimination, and the Convention on the Rights of the Child. Canada is party to these treaties and, as such bears international legal obligations to comply with their terms. We call on Canada to live up to its international and constitutional obligations by providing funding necessary to respect, protect and promote the human rights of all First Nations in Canada.
To this end, a complaint has been filed with the Canadian Human Rights Commission and the UN Special Rapporteur on the Rights of Indigenous Peoples on behalf of four of the five largest First Nations in Ontario – the Mohawks of the Bay of Quinte, Oneida Nation of the Thames, Wikwemikong Unceded Indian Territory, and Six Nations of the Grand River.
Please join our community and lend your support to combating discrimination and injustice within Canada.
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Recent Developments:
The Injustice Project in the news! Professor Patrick Macklem's Op-Ed in the "Hill Times"
http://lawanddevelopment.com/InJusticeProject/hill%20times%20article.pdf
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For more information, please read the links to the PWC report, the complaint to the CHRC and the UN Special Rapporteur.
PriceWaterhouse Cooper Report (May 2, 2008):
http://www.lawanddevelopment.com/InJusticeProject/PriceWaterhouseCoopers%20Report%202008.pdf
Complaint to the Canadian Human Rights Commission (January 27, 2010):
http://lawanddevelopment.com/InJusticeProject/CHRC%20Complaint.pdf
Communication to the UN Special Rapporteur (January 27, 2010):
http://lawanddevelopment.com/InJusticeProject/Communication%20regarding%20Canada.pdf
Response from the UN Special Rapporteur (February 1 2010):
http://lawanddevelopment.com/InJusticeProject/OHCHR%20February%201%202010%20correspondence-1.pdf
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If you would like more information please contact:
Professor Patrick Macklem
Faculty of Law, University of Toronto
78 Queen's Park
Toronto, Ontario
Canada, M5S 2C5
Tel.: 416-978-3873
Email: p.macklem@utoronto.ca
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The InJustice Project works out of the Faculty of Law at the University of Toronto led by Professor Patrick Macklem and supported by Natasha Kanerva, Ryan Liss, Joss Opie and Nicole Simes.