Discrimination Against First Nations Children in Canada

Last week, a summary report by the Truth and Reconciliation Commission described Canada’s Residential Schools as “part of a coherent policy to eliminate Aboriginal people as distinct peoples and to assimilate them into the Canadian mainstream against their will.”

The statement affirms something that is now well-established –and which was, in fact, acknowledged in Canada’s official apology to residential school survivors.

Quite simply, the residential school policy had at its heart an insidious agenda to eradicate First Nations, Inuit and Metis peoples as distinct cultures, societies and nation. And the tragic effects of the harm that was done --  including the terrible deprivations and abuses inflicted on so many of the girls and boys who were torn from their families and communities to attend these schools, as well as the loss of language, community cohesion and cultural knowledge and skills -- continue to be felt today.

By Craig Benjamin, Campaigner for the Human Rights of Indigenous Peoples

A few years ago I heard a young First Nations woman describing the unsafe drinking water, the poor quality school and other conditions that she faced every day growing up in her home community. “What did we do to be treated like this?” she asked.

In most communities in Canada, government services like education, health care and family services are provided by a combination of municipal and provincial governments. However, in the case of First Nations people living on reserves these services are instead funded through the federal government.

Critically, study after study has shown that federal funding for basic services on reserves routinely falls short of what is required to provide First Nations families with access to the same quality of services--  like education and health care -- enjoyed other communities in Canada.
Here’s what the Auditor General of Canada had to say about the situation in 2011:

Every child has the right grow up safely at home, get a good education, be healthy, and be proud of who they are.

It’s hard to imagine anyone disagreeing.

Yet year after year, First Nations children are denied these basic rights.

For most children in Canada, health care, education and family services are funding through the provincial or territorial governments. But for First Nations children on reserves, these same services are funded by the federal government.

Numerous studies - including reports by the Auditor General - confirm the Federal government provides less funding per child for services First Nations children on reserves than the provinces provide for children in their jurisdictions.

This is despite often higher costs of delivering such services in small and remote communities, and the greater need experienced by many First Nations communities.



The math is simple: less money plus higher costs = inadequate services for those who need them most.

Amnesty International members across Canada have responded enthusiastically to the call to “Have a Heart” for First Nations children.

“Have a Heart” is an annual campaign organized by the First Nations Child and Family Caring Society of Canada that takes place on and around Valentine’s Day, February 14th.

The campaign’s message is simple: First Nations children have the right grow up safely at home, get a good education, be healthy, and be proud of their cultures. And getting involved can be as easy as sending a card or letter with this message to the Prime Minister or your Member of Parliament.

Amnesty members across Canada are already writing letters, on their own, with family and friends, and in larger public events.

When it comes to child welfare services in First Nations communities, the federal government spends 22 percent less per child than its provincial counterparts provide in other communities. This is despite often greater needs and the higher costs of delivering services in small and remote communities. The federal underfunding of First Nations children’s services has created a crisis situation in which First Nations children are much more likely to be put into foster care because the supports necessary to meet their needs in their own homes and communities simply aren’t available.

The federal government’s longstanding failure to close the funding gap led the Assembly of First Nations and the First Nations Child and Family Caring Society to file a complaint under the Canadian Human Rights Act in 2007. Five years later, there still hasn’t been a hearing into the evidence.

It’s a crucial moment for human rights in Canada. And you can be part of it.

From October 20-24, the Canadian Human Rights Tribunal will hear the closing arguments in a history-making case on equity for First Nations children.

At issue is whether the federal government has discriminated against First Nations children living on reserves, and in the Yukon, by consistently providing less money per child for family services than its provincial counterparts provide in predominantly non-Aboriginal communities.

At stake is the ability of children’s agencies to provide urgently needed prevention programs for at risk First Nations children and to stem the unprecedented numbers of First Nations children being taken from their families and communities and put into state care.

The human rights complaint was initiated by a national non-governmental organization, the First Nations Child and Family Caring Society. Cindy Blackstock, Executive Director of the Caring Society, recently told Amnesty International,