Human Rights Tribunal issues a fourth order to Canada for compliance on child welfare ruling

Friday, February 2nd, 2018 3:40pm

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Assembly of First Nations National Chief Perry Bellegarde

National Chief Perry Bellegarde has called for immediate relief for First Nations children and families as a “next urgent step in child welfare reform”, as the fourth compliance order by the Canadian Human Rights Tribunal hit Ottawa’s doorstep Feb. 1.

“Nothing short of immediate action will suffice at this point,” said the Assembly of First Nations leader. 

The government of Canada is again being ordered to address funding for First Nation child welfare agencies with the goal of eliminating racial discrimination against First Nation children in Canada. The Tribunal noted in their compliance order that the manner in which Canada limits funding for prevention services is not an acceptable fiscal or social policy and is harming First Nations children as a result.

“Our children deserve justice and fairness. We need immediate relief for children in care and we must stop ripping families apart – not tomorrow, not in six months, not in one year, but today,” said Bellegarde.  “This latest Tribunal order clearly states that Canada has to stop stalling and making excuses for inaction. Children are being apprehended every day.  Every day matters in this struggle for our children. The Government of Canada must respect the orders of its own Human Rights Tribunal.”

The latest decision by the Human Rights Tribunal is the fourth in the past two years calling on the federal government to stop discriminating against First Nations children. The first in April 2016, the second in September 2016 and in May 2017 the tribunal ordered Canada to fully implement Jordan’s Principle by applying it to all First Nations children in need of care, regardless of where they reside.

First Nations Child and Family Caring Society and the AFN jointly filed the complaint with the tribunal in February 2007, alleging the provision of First Nations child and family services by the Department of Indian and Northern Affairs was flawed, inequitable and thus discriminatory under the Canadian Human Rights Act.