Reconciliation Means Not Saying Sorry TwiceCanadian Human Rights Tribunal on First Nations Child Welfare

Cindy Blackstock, PhD, First Nations Child and Family Caring Society of Canada; Professor, McGill University

Duncan Campbell

Scott, Superintendent

of Indian Affairs

I am profoundly disappointed to note

in Chapter 4 of this Status Report that

despite federal action in response to

our recommendations over the years,

a disproportionate number of First

Nations people still lack the most

basic services that other Canadians

take for granted.

Sheila Fraser,

Auditor General of Canada

(June 2011)

“

“

I am a witness

• Human Rights case alleges Canada ‘s provision of child welfare and failure to properly implement Jordan’s Principle is discriminatory pursuant to the Canadian Human Rights Act

• 2016- Panel Finds Federal Gov’t is discriminating against 163,000 children (2016 CHRT 2)

• April 2016- Panel issues Compliance Order (2016 CHRT 10)

• September 2016- Panel issues second Compliance Order (2016 CHRT 16)

15,027 Registered

Witnesses

Parties

Complainants: First Nations Child and Family Caring

Society (Caring Society) & Assembly of First Nations

(AFN)

Respondent: Attorney General of Canada

Commission: Canadian Human Rights Commission

Interested Parties: Chiefs of Ontario & Amnesty

International Canada (granted interested party

status in September 2009); NAN (granted interested

party status in May 2016)

1 Million

number of

people in this

picture

66 million sleeps

Number of nights

First Nations

children on

reserve/Yukon

spent in foster

care (1989-2012)

Presentation by AANDC DG October 31, 2012

Option recommended

AANDC internal presentation, 2013. CHRC Tab

413

AANDC

reallocates over

½ billion to cover

shortfalls in social

and education

AANDC/Health Canada (2009) Internal Report on Jordan’s

Principle

Final Written Submissions, Attorney General of Canada,

2014

Available at www.fnwitness.ca

Key elements of 2 CHRT 2016

• Complaint substantiated on both service denial and adverse differentiation based on

race and national ethnic origin;

• Federal funding for First Nations Child and Family Services is a service pursuant to

the CHRA s. 5 (2 CHRT 2016, para. 456);

• Comparator group not required in discrimination analysis per 2013 FCA 75; (2 CHRT

2016, para. 323);

• Non-discrimination requires consideration of the “distinct needs and circumstances of

First Nations children and families on reserve- including their cultural, historical and

geographical needs and circumstances” (2 CHRT 2016, para. 465).

The problem with incremental equality is that it never comes and the problem

with taking a “good first step” toward equity is that the last step never follows.

14

Case Citations

CHRT

2016 CHRT 2

2016 CHRT 10

2016 CHRT16

Federal Court

2012 FC 445

2011 FC 810 (APTN)

2010 FC 243

Federal Court of Appeal

2013 FCA 75

Jordan’s Principle

First Nations Child and Family Caring

Society of Canada

www.fncaringsociety.com

@Caringsociety

October 25, 2016