TOWARDS A HOPEFUL FUTURE
Voice in conversation with Cindy Blackstock, Executive Director, First Nations Child and Family Caring Society of Canada
You have just won a major victory at the Canadian Human Rights Tribunal. Can you give our readers an overview of the decision?
On January 26, 2016, the Canadian Human Rights Tribunal (CHRT) issued its decision that the Canadian government, specifically the Department of Indian and Northern Affairs (INAC), is racially discriminating against 163,000 First Nations children and their families by providing flawed and ineq- uitable child welfare services (First Nations Child and Family Services Program) and by failing to implement Jordan’s Principle to ensure equitable access to government ser- vices that are available to all other children in Canada. Jordan’s Principle specifies that the gov-
ernment organization first contacted re- garding services for a First Nations child should pay for the service – ensuring that children are not left waiting for the services they need while governments argue over who should pay for them. The Canadian Human Rights Tribunal
made four immediate orders regarding the discrimination perpetuated by the First Na-
18 ETFO VOICE | SUMMER 2016
tions Child and Family Services (FNCFS) Program. First, INAC was ordered to:
1. Cease its discriminatory practices re- garding the FNCFS Program;
2. Reform the FNCFS Program;
3. Cease applying the narrow definition of Jordan’s Principle; and
4. Take measures to immediately imple- ment the full meaning and scope of Jordan’s Principle.
Three months later, the Canadian Hu-
man Rights Tribunal made a further order regarding immediate relief measures. This order, released on April 26, 2016, expresses concern about the government’s slow pace implementing the January ruling and issues an order requiring the federal government to apply Jordan’s Principle to all jurisdic- tional disputes (including between federal departments) involving all First Nations children by May 10, 2016. The federal gov- ernment was also required to provide de- tailed information to the CHRT as to how it has complied with the Tribunal order on child welfare funding by May 26, 2016.
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