Canadian Human Rights Tribunal News
posted July 14, 2010
Canadian Human Rights Tribunal on First Nations Child Welfare Update: July 2010
posted June 25, 2010
Bamoseda radio program interviews Cindy Blackstock on the Canadian Human Rights Tribunal hearings on June 2, 3, 2010
posted June 25, 2010
Aboriginal Peoples Television Network appeals Tribunal decision to a not allow cameras in the Canadian Human Rights Tribunal hearings on First Nations child welfare. Read more here
posted June 22, 2010
CBC program the Current covers Native Child Welfare Tribunal on June 16, 2010 Listen Now at www.cbc.ca/thecurrent/
posted June 4, 2010
Motion to dismiss on June 2, 3, 2010
posted May 29, 2010
BC Government Minister Polak on APTN confirms inequities in child welfare funding on reserves
posted May 29, 2010
Amnesty International World Report mentions Canadian Human Rights Tribunal on First Nations Child Welfare
Amnesty International Report 2010: The State of the World's Human Rights
posted May 17, 2010
Canada opposes public posting of tribunal transcripts
Letter from the Department of Justice
Response from First Nations Child and Family Caring Society of Canada
posted May 6, 2010
Canadian Human Rights Tribunal Resumes June 2, 3, 2010
Two important patterns appear to be emerging about the Canadian Government's actions in this case. First, they want to avoid a full hearing on the merits and second they want to avoid this case being broadcast or their witnesses testifying in public. After losing two attempts to derail the tribunal on a legal loophole in Federal Court, the Canadian Government has filed a motion to dismiss on the same legal loophole at the Tribunal. The Canadian Human Rights Act allows claims of discrimination on the basis of a a good, service or accomodation and Canada argues that their First Nations child and family service program is not a service. We strongly disagree and are concerned that the Canadian government does not want this important case concerning vulnerable children decided publically on the facts. Canada's motion to dismiss will be heard on June 2, 3, 2010 (9:30-5:00) at the Canadian Human Rights Tribunal located at 11th floor, 160 Elgin Street, Ottawa. This hearing is open to the public and we encourage the public, particularly Elders and youth, to come. Canada has said it does not want the hearings broadcast by the Aboriginal Peopels Television Network as it would make Canada's witnesses nervous and may disrupt relationships between public servants and First Nations. First Nations have raised no similiar concerns about its witnesses and has strongly supported all measures of public accountability including the motion by the Aboriginal Peoples Television Network to broadcast the proceedings. The motion by Aboriginal Peoples Television Network to broadcast the tribunal was heard in February of 2010 and we are currently awaiting a ruling from the Tribunal.
posted May 6, 2010
Read the Federal Court Orders Granting a Stay of Canada's application to stop the Tribunal
March 30, 2010
November 24, 2009
posted April 16, 2010
UNPFII Expert Group Meeting on Indigenous children and youth in detention, custody, adoption and foster care cite Jordan's Principle as best practice and recommend UNPFII get full report on First Nations Child Welfare Tribunal.
posted April 1, 2010
Caring Society applauds Federal court decision.
On March 30, 2010 a Federal Court judge chose to uphold the decision by a prothonotary of the federal court to stay Canada's application to derail the Canadian Human Rights Tribunal on First Nations child welfare until after the tribunal is concluded. This effectively allows the tribunal on the merits to go ahead without intervention from the federal court. The Canadian Government has 10 days to appeal. Send a note to PM Harper at pm@pm.gc.ca to demand they allow this case to be heard on its merits - not decided on legal loopholes!
posted March 28, 2010
Watch this APTN news story on the tribunal.
posted March 11, 2010
Press Release
While federal government uses legal loopholes to keep flawed policies for First Nations children in place, documents obtained under access to information say that inequitable child welfare funding contributes to the fact that there are more First Nations children in child welfare care today than at the height of residential schools. The federal government’s response to the “dire” inequality facing First Nations children has been to partially implement a flawed funding formula known as the Enhanced Funding Approach that the Auditor General of Canada has already ruled inequitable in few provinces.
Canada is currently before the Canadian Human Rights Tribunal because of its inequitable treatment of First Nations children. However, in December of 2009, the federal government filed a motion to have the case dismissed, claiming that the Canadian Human Rights Act, which prohibits discrimination in government services, does not apply to the funding decisions that determine the level and quality of services to First Nations communities.
Cross examinations on affidavits filed by Canada in support of the motion and by First Nations and others in opposition to the motion have been held last week and this week in Ottawa.
posted March 8, 2010
Ontario Provincial Advocate for Children and Youth releases annual report noting inequities in First Nations child welfare. Read more here.
posted March 4, 2010
Amnesty International releases new report calling on Canada to accept the UN Declaration on the Rights of Indigenous Peoples and provide equitable funding for First Nations Child Welfare
Read the report
posted March 4, 2010
INAC's top official on child welfare, Odette Johnston takes the stand at child welfare tribunal
Odette Johnston, INAC's top official on child welfare was cross examined on Friday February 26, 2010 on her affidavit in support of Canada's application to derail the tribunal on First Nations child welfare. She confirmed knowing of the Auditor General's (AOG) report but was not sure if the Auditor General had concerns about INAC funding program. She confirmed that the Auditor General's report is not a key driver in INAC's work and that INAC has moved forward with only two recommendations (reporting back on their progress and they have made the decision to leave the definition of culturally appropriate to First Nations). There appears to have been no progress in addressing the inequalities identified in the AOG report. This is surprising given that Ms. Johnston heads the division that prepared government's responses that appear in the Auditor General's report.
posted March 3, 2010
New Brunswick Ombudsman Bernard Richard released vital report on First Nations child welfare. Culturally based equity in child welfare services are vital to improving children's wellbeing.
Learn more here www1.gnb.ca/cnb/multimedia/display-e.asp?ID=2379&num=1
posted February 18, 2010
Cindy Blackstock to be Cross Examined on Tuesday Feb 23
On February 23, 2010, Cindy Blackstock will undergo cross examination by Canada on her affidavit in opposition to Canada's application to dismiss the tribunal on a legal technicality. The cross examination will happen from 10 a.m. to 5 p.m. at the Tribunal office 11th floor 160 Elgin Street. This is open to the public. Canada's affiant Odette Johnston will also undergo cross examination next week by our counsel likely on Thursday morning. Canada is objecting to the public being present. We are asking the tribunal chair to ensure this entire proceeding is open to the public. We will keep you posted.
posted January 10, 2010
In a letter on January 8, 2010, Chair Shirish Chotalia (who was newly appointed by the Conservative Government on November 2, 2009) vacated all tribunal hearing dates for January and February 2010 and has apparently decided to hear Canada's motion to dismiss the tribunal. We are surprised that Chair Chotalia has agreed to hear Canada's motion to dismiss given that the federal court has already reviewed the matter and ruled against the Canadian Government. These decisions by the Chair were unexpected and cause us great concern. If the original schedule of hearings established by Chair Sinclair were respected by the incoming Chair we would have already concluded three weeks of witness testimony on this important matter by month's end. Given Chotalia's interventions not one word of witness evidence has been entered into the record.
We are exploring all options to respond to this recent development and will keep you posted.
posted December 31, 2009
The Tribunal hearings resume on January 19, 2010 on the 11th floor of 160 Elgin Street, Ottawa to discuss a number of important procedural items including:
- An application by the Aboriginal Peoples Television Network to televise the tribunal. AFN, Caring society, Amnesty International, Chiefs of Ontario, Canadian Human Rights Commission are in favour and the Canadian Government is opposed to APTN covering the proceedings.
- An application by Canada to dismiss the complaint. AFN, Caring society, Amnesty International, Chiefs of Ontario, Canadian Human Rights Commission are opposed.
Canada will also be disclosing its final witness list and expert witnesses on January 12, 2010. Although AFN and the Caring Society have disclosed our lay and expert witness lists along with detailed will say documents describing what each witness will testify to, Canada has only provided a list of “potential witnesses” and has not provided detailed summaries of what these witnesses will speak to. In addition Canada has failed to produce the name of even one expert witness willing to testify in favour of the government’s claims that it funds equitably and in ways that support culturally appropriate practice. At a case conference held with the tribunal chair in December of 2009, legal counsel for Canada indicated that they will call the firm KPMG as an expert witness but no information has been provided to assess the qualification of KPMG as an expert or on the evidence KPMG will rely on.
The Caring society is very concerned that a full hearing of this case on its substantial merits has not taken place even though the former tribunal chair ordered that these hearings begin on November 16, 2009. Unnecessary procedural delays are harmful to First Nations children and it is in the joint interests of Canadians and First Nations to determine if discrimination is occurring against thousands of vulnerable children and their families.
posted November 28, 2009
FNCFCS welcomes federal court ruling on First Nations child welfare tribunal.
The federal court has decided not to hear Canada's application to stop the tribunal until after the tribunal has been completed. This decision allows for the tribunal to continue which is what we were hoping for. Canada has 10 days to file an appeal.
posted November 10, 2009
Effective November 2, 2009, the Honourable Rob Nicholson, Minister of Justice, appointed Shirish P. Chotalia as Chair of the Canadian Human Rights Tribunal. Two days into the new Chair’s term we received notice from the Chair that the hearing dates scheduled to begin on November 16, 2009 were potentially being adjourned. On November 6, 2009, the Chair informed the parties that she was vacating the first week of the evidentiary hearing scheduled to begin in Ottawa on November 16, 2009.
This decision was made unilaterally without any consultation with the First Nations Child and Family Caring Society of Canada. This complaint was filed over two years ago and preparations for the hearing have been underway for some time now and all parties were prepared to proceed with the Tribunal on November 16, 2009. This ruling completely caught us by surprise and we are now working with our lawyers to try to understand why the Tribunal Chair made this ruling. We understand the hardship that inequality has on First Nations children and families and will be working to ensure a full public tribunal hearing on this important matter resumes as soon as possible.
Keep watching and please do encourage others in your circle to join the growing list of witnesses at www.fnwitness.ca
Read the research on First Nations child welfare funding
2008 May Report of the Auditor General of Canada:
First Nations Child and Family Services Program—Indian and Northern Affairs Canada
Opening Statement at the Canadian Human Rights Tribunal on First Nations child welfare made by Cindy Blackstock, Executive Director of the First Nations Child and Family Caring Society of Canada made on September 14, 2009
March 25, 2009
The House of Commons Standing Committee on Public Accounts has issued a report expressing significant concerns about the slow progress of the Department of Indian Affairs (INAC) in clearly responding to the recommendations made by the Auditor General of Canada in her May 2008 report on First Nations child welfare funding. The Standing Committee was particularly concerned that INAC had not ensured that all First Nations children across Canada receive equitable child welfare funding. Read the news release or read the full report here