Indigenous Services Minister Jane Philpott says her department would immediately move to increase funding for First Nation child welfare services following another compliance order from the Canadian Human Rights Tribunal that found Ottawa fails to grasp the "seriousness and emergency of the issues."
The tribunal issued its fourth compliance order against the federal government Thursday morning, again finding that First Nation children continue to face discrimination as a result of inadequate funding for child welfare services.
"While the necessity to account for public funds is certainly legitimate, it becomes troubling when used as an argument to justify the mass removal of children rather than preventing it," said the ruling. "There is a need to shift this right now to cease discrimination."
The tribunal said it was "incorrect for Canada to say it did everything that it could do and everything that was asked of it in the immediate term, which has now become the mid-term."
The tribunal ruled in January 2016 that Ottawa discriminated against First Nation children by underfunding child welfare services. The tribunal ordered Canada to immediately overhaul the system and increase funding.
Ottawa pledges immediate funding
Philpott said in a statement that officials would be sending letters Thursday morning to 105 First Nation child welfare agencies informing them that Ottawa would be funding their "actual costs" for prevention, intake legal fees, building repairs and other associated costs. Philpott said the department would also cover these costs retroactively to Jan. 26, 2016.
The statement said the department would also stop relocating funds from other other social programs for child welfare services.
"The federal government will continue to work with our partners in fully implementing all orders from the Canadian Human Rights Tribunal, to develop Indigenous-led solutions and ensure that Indigenous child and family services are truly child-centred, community led, and prevention-focused," said Philpott.
She said more funding for First Nation child welfare services would be included in the upcoming federal budget.
Latest ruling a 'victory'
First Nation children's advocate Cindy Blackstock called the ruling "another complete victory." Blackstock, with the support of the Assembly of First Nations (AFN), filed a human rights complaint in 2007 that led to last January's ruling.
"The tribunal found that Canada's focus has been on financial considerations and not the best interests of children," said Blackstock, who heads the First Nations Child and Family Caring Society. "The government has treated some of the tribunal's rulings like recommendations. They are not recommendations; they are legally binding."
Cindy Blackstock, executive director of the First Nations Child and Family Caring Society, says the latest ruling is a 'victory.' (Sean Kilpatrick/Canadian Press)
All the parties involved in the case — Ottawa, the First Nations Child and Family Caring Society, the AFN, the Chiefs of Ontario and Nishnawbe Aski Nation — on Dec. 18 were provided an advanced confidential copy of the ruling to allow for consultations and suggestions.
During this process, Ottawa sent a letter to the tribunal indicating that "Canada is fully committed to implement all the orders in this ruling and understand that its funding approach needs to change."
The tribunal said it was "delighted to read Canada's commitment and openness" and it was "very encouraging and fosters hope to a higher degree" that the ongoing discrimination would soon end.
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