Discrimination Against First Nations Children in Canada

“…a broken system that is harming children and removing them from their communities.” - The Canadian Human Rights Tribunal describing the federally-funded child welfare system in First Nations communities, January 2018.

Twelve years ago, a landmark federally-funded study concluded that persistent government underfunding was denying children and families in First Nations communities essential supports available in all other communities in Canada.

Two years ago, the Canadian Human Rights Tribunal concluded that the underfunding of services for First Nations children had directly contributed to shockingly large numbers of children being removed from their families and communities because less disruptive alternatives were not available. The Tribunal called for an immediate end to this discrimination.

Last week, the Tribunal once again concluded that, despite much publicized increases in federal funding, the federal government has failed to end discrimination against First Nations children.

23 February 2017

The Honourable Jody Wilson-Raybould
Minister of Justice and Attorney General of Canada
284 Wellington Street
Ottawa, Ontario K1A 0H8
mcu@justice.gc.ca

The Honourable Carolyn Bennett
Minister of Indigenous and Northern Affairs
10 Wellington, North Tower
Gatineau, Québec K1A 0H4
minister@aadnc-aandc.gc.ca

Dear Ministers,

When it comes to ending discrimination against children, there is no excuse for half-measures and no time for delay.

Today marks 10 years since the First Nations Child and Family Caring Society and the Assembly of First Nations launched an historic challenge under the Canadian Human Rights Act, a challenge aimed at compelling the federal government to finally end the longstanding, systemic underfunding of First Nations children’s services.

One year ago, the Canadian Human Rights Tribunal ruled that the Canadian government`s persistent underfunding of supports for First Nations families was a form of racial discrimination – and ordered immediate action.

It was a landmark day for human rights and for the thousands of First Nations children and young people living in state care simply because First Nations children`s agencies are unable to provide the support their families need.

But a full year later, the most basic form of discrimination identified by the Tribunal – the failure to provide enough funds to meet the actual needs of First Nations children and families – has not been addressed.

In last year`s federal budget, the government significantly increased the funds allocated for First Nations family services. But the increase was not enough to close the gap between First Nations children and all other children in Canada.

A year is a long time in the life of a children taken from her family and community.

Amnesty International welcomes today’s ruling by the Canadian Human Rights Tribunal which has ordered the federal government to take immediate action to end the discriminatory underfunding of child and family services for First Nations children on reserves and in the Yukon.

Although the provinces and territories have jurisdiction to set standards for child welfare services, the federal government sets the funding levels for those services delivered to First Nations children and families on reserves and in the Yukon.

The Tribunal concluded that the federal government’s arbitrary funding formula fails to consider “the actual service needs of First Nations children and families” and creates “incentives to remove children from their homes and communities.”

The discrimination complaint, initiated by the First Nations Child and Family Caring Society and the Assembly of First Nations, first came before the Tribunal in 2008. Amnesty International intervened in the case, as did Chiefs of Ontario.