THUNDER BAY — Nishnawbe Aski Nation is welcoming an interim Canadian Human Rights Tribunal decision regarding child welfare services in First Nations communities.
NAN says the CHRT last week ordered the federal government to pay the actual costs of capital purchases and/or construction required to deliver child welfare services.
Deputy Grand Chief Bobby Narcisse says it's another victory for First Nations children and families "seeking equitable and culturally-appropriate services."
Specifically, the tribunal ordered Canada to pay for:
- child welfare agencies' costs for purchasing and/or constructing capital assets that support the delivery of on-reserve child and family services, including in Ontario
- agencies' and/or First Nations' costs for purchasing and/or constructing capital assets that support the delivery of Jordan's Principle services to children on reserve, including in Ontario
- First Nations' costs for providing Band Representative and prevention services on-reserve in Ontario, including the purchase or construction of capital assets. Based on previous orders, agencies and tribal councils can also be recipients of such Band Representative funding, and agencies can be recipients of such prevention services funding
Narcisse said the ruling affirms that these services cannot be provided without access to safe and culturally appropriate buildings and that the government is obliged to fund them.
"This order means that Canada must fund First Nations and the child welfare agencies that serve them for the actual costs of purchasing and constructing buildings for providing services," he said. "This is a significant decision that will finally allow our child welfare agencies and First Nations to secure desperately-needed facilities so they can provide culturally appropriate services."
According to NAN, the CHRT ruling noted that "Divorcing the services from provincial governments from safe confidential spaces to offer the services would amount to discrimination. It would also perpetuate gaps, denials and delays [in] the delivery of many services that can only be offered indoors."
The tribunal also ordered the federal government to consult with the parties to the Tribunal proceedings and to fund feasibility studies regarding the purchase or construction of capital assets
Parties to be consulted include NAN, the Assembly of First Nations, the First Nations Child & Family Caring Society, and the Chiefs of Ontario.
NAN has intervenor status in the landmark CHRT case in 2016 that resulted in a finding that Ottawa discriminated against First Nations children by under-funding on-reserve child welfare services and by failing to implement Jordan's Principle.
Jordan’s Principle is named after Jordan River Anderson, a young boy from Norway House Cree Nation in Manitoba.
He spent his entire life in hospital while caught in a jurisdictional dispute between the governments of Canada and Manitoba over who should pay for the in-home medical care necessary for him to live in his home community.
The child spent two more years in hospital before dying there at the age of five.
