scholarly journals Let’s Not Call in the Lawyers: Using the Canadian Human Rights Tribunal Decision in First Nations Education

2016 ◽  
Vol 25 (2) ◽  
Author(s):  
Ron S Phillips
Keyword(s):  
Human Rights ◽  
First Nations ◽  
Federal Government ◽  
Education Programs ◽  
Child And Family Services ◽  
Family Services ◽  
Nations Child ◽  
The Government ◽  
Government Of Canada ◽  
First Nations Education

In January 2016, the Canadian Human Rights Tribunal released its decision regarding the provision of Child and Family Services to First Nations living on reserves and the Yukon. The Tribunal found that the government of Canada had discriminated against First Nations children on the basis of their race. Many of the arguments made by the government of Canada to describe their actions in the provision of First Nations child and family services can be easily transferred to the provision of First Nations education programs and services to First Nations children throughout Canada. This article has replaced child and family services terms and phrases with education terms and phrases in the decision. Hopefully, the federal government of Canada will see the futility of fighting First Nations in education as they did in child and family services. It is time to provide First Nations students on reserves a comprehensive system of education.

Should Governments be Above the Law? The Canadian Human Rights Tribunal on First Nations Child Welfare

2015 ◽  
Vol 40 (2) ◽  
pp. 95-103 ◽  
Author(s):  
Cindy Blackstock
Keyword(s):  
Human Rights ◽  
Child Welfare ◽  
First Nations ◽  
Federal Government ◽  
Best Interests ◽  
Child Rights ◽  
Child Welfare Policy ◽  
Nations Child ◽  
Or Practice ◽  
The Government

Many child welfare statutes protect children when caregivers jeopardise their safety and best interests, but what if the risk is sourced in government child welfare policy or practice? Instead of including provisions to hold governments accountable for placing children in harm's way, governments and their agents are largely protected against any systemic maltreatment claims made against them. This paper describes a precedent-setting case before the Canadian Human Rights Tribunal attempting to hold the Canadian federal government accountable for its systemic failure to ensure that First Nations children are protected from maltreatment linked to inequitable federal child welfare funding on reserves. The case is a rare example using an independent judicial mechanism with the authority to make binding orders against the government and enveloping the proceedings in a public education and engagement movement. Implications of the case for child rights in Canada and abroad are discussed.

scholarly journals Reconciliation: The Kids are Here!

2016 ◽  
Vol 3 (1) ◽  
pp. 32-45
Author(s):  
Jennifer King ◽  
Jocelyn Wattam ◽  
Cindy Blackstock
Keyword(s):  
Human Rights ◽  
Young People ◽  
First Nations ◽  
Children And Youth ◽  
Rights Of The Child ◽  
Nations Child ◽  
The Social ◽  
United Nations Convention ◽  
The Government ◽  
Government Of Canada

Consistent with the United Nations Convention on the Rights of the Child, this paper describes children’s involvement in a historic human rights case that found the government of Canada guilty of racially discriminating against 163,000 First Nations children. Despite Canada’s efforts to discourage and bar young people from participating, children and youth were among the first and most engaged followers of the case, debunking the myth that children “can’t” or “shouldn’t” participate in legal matters. Children and youth who participate in social change activities benefit greatly from the experience, as do their communities. The participation of children and youth in the First Nations child welfare case demonstrates that young people are truly leaders in reconciliation and social justice; they teach us about how change really happens. Adults have a responsibility to facilitate exciting and creative ways to involve children in the social and legal processes that impact their lives.

scholarly journals The Absentee Minister of Education of Canada: The Canadian federal government’s constitutional role in First Nations education

2011 ◽  
Vol 46 (2) ◽  
pp. 231-245
Author(s):  
Ron Sydney Phillips
Keyword(s):  
First Nations ◽  
Federal Government ◽  
The World ◽  
The Government ◽  
Government Of Canada ◽  
First Nations Education

In Canada, education is generally referred to as being the exclusive constitutional responsibility of the provinces and territories. However, the federal government has a constitutional responsibility. This responsibility comes from the Constitution Act 1982 and Treaties 1 - 11 between the Crown (i.e., The Government of Canada) and First Nations throughout Canada. It is very difficult to find any mention of the federal government’s constitutional education responsibilities in the literature or documents. This has allowed the federal government to downplay their educational responsibilities throughout Canada and the world. This paper examines the federal government’s constitutional responsibilities in First Nations education and makes recommendations.

scholarly journals The Complainant: The Canadian Human Rights Case on First Nations Child Welfare

2017 ◽  
Vol 62 (2) ◽  
pp. 285-328 ◽  
Author(s):  
Cindy Blackstock
Keyword(s):  
Human Rights ◽  
Child Welfare ◽  
First Nations ◽  
Ethnic Origin ◽  
Access To Justice ◽  
Nations Child ◽  
Indigenous Groups ◽  
The Government ◽  
Government Of Canada ◽  
Family Caring

In February 2007, the First Nations Child and Family Caring Society of Canada and the Assembly of First Nations filed a complaint under the Canadian Human Rights Act alleging that the Government of Canada’s inequitable provision of child welfare services to 163,000 First Nations children, along with its flawed implementation of Jordan’s Principle, was discriminatory on the prohibited grounds of race and national ethnic origin. The case was highly contested. By the time the final arguments were heard in 2014, the Government of Canada had made eight unsuccessful attempts to get the case dismissed on technical grounds and breached the law on three occasions. On 26 January 2016, the Canadian Human Rights Tribunal substantiated the complaint and ordered the Canadian Government to cease its discriminatory conduct. This article describes this historic case from the perspective of the executive director of the complainant, the First Nations Child and Family Caring Society of Canada, highlighting access to justice issues for equality-seeking Indigenous groups, children, and civil society. Recommendations for reform are discussed.

scholarly journals Indigenous healthcare: Caterpillars to butterflies, case study supporting transformation

2018 ◽  
Vol 32 (1) ◽  
pp. 40-43
Author(s):  
Roger A. Boyer
Keyword(s):  
First Nations ◽  
Federal Government ◽  
White Paper ◽  
Indian Policy ◽  
Treaty Rights ◽  
Indian Act ◽  
First Peoples ◽  
The Government ◽  
Government Of Canada

The Canadian Government released a document to aid in the relationships between the Government of Canada and First Nations around the ratification and redesign of the Indian Act of 1876. The name of this document was the “White Paper.” The Federal Government's “White Paper, statement of Government of Canada on Indian Policy of 1969,” rejected the concept of special status for First Nations within confederation—they should have the same rights and responsibilities as other Canadians. The Federal Government argued treaty rights were irrelevant in today's society; the important issues demanding attention included economic, educational, and social problems. In Canada's assessment of the “savage” situation, the government could not see wellness wholistically addressing the poverty, social crises, and bleak future faced by most First Peoples was rooted in the very denial of treaty rights and humanness. This article pushes to educate health leaders about current circumstances contributing to racism.

scholarly journals Meenoostahtan Minisiwin: First Nations Family Justice "Pathways to Peace"

2020 ◽  
Vol 2 (1) ◽  
pp. 67-88
Author(s):  
Joe Pintarics ◽  
Karen Sveinunggaard
Keyword(s):  
Child Welfare ◽  
First Nations ◽  
Service Providers ◽  
Best Interests ◽  
Alternative Methods ◽  
Full Time ◽  
Community Members ◽  
Child And Family Services ◽  
Family Services ◽  
Nations Child

Community justice initiatives are now common in Canada, both for young offenders and in adult criminal cases; there are only a few examples of alternative methods for dealing with justice issues in the area of mandated child welfare services. The initiative outlined in this paper represents one of the most comprehensive family justice initiatives in First Nations Child and Family Services in Canada. Meenoostahtan Minisiwin: First Nations Family Justice offers a new way of addressing conflict in child and family matters, outside of the regular Child and Family Services (CFS) and court systems. It incorporates the traditional peacemaking role that has existed for centuries in Northern Manitoba Cree communities, alongside contemporary family mediation. The program brings together family, extended family, community members, Elders, social workers and community service providers in the resolution of child protection concerns through the use of properly trained Okweskimowewak (family mediators). The Okweskimowewak’s role involves assisting participants to articulate their personal ‘truth’ (dabwe) and to hear and respect the dabwe of others; to create a safe and nurturing context by addressing inherent power imbalances; to explore the root causes of family conflict in order to address the long term best interests of children; and to facilitate innovative and collaborative planning outcomes for families. The program was developed by the Awasis Agency of Northern Manitoba, a mandated First Nations Child and Family Services agency, although it receives its services mandate from the Manitoba Keewatinowi Okimakanak (MKO) Exectuive. It is jointly funded by the Aboriginal Justice Strategy of Justice Canada and the Manitoba Department of Family Services and Housing. Overall direction for the program is provided by the First Nations Family Justice Committee, a sub-committee of the MKO Exectuive Director of Awasis Agency, and representative chiefs of the MKO region. The program currently employs a Program Coordinator, two full time regional Okweskimowewak, two full time community-based Okweskimowewak and an administrative assistant. Since its inception in 1999, the program has received referrals involving more than seven hundred families, including well over 1900 children and 1500 volunteer participants. Services have been provided in seventeen First Nation communities in Northern Manitoba as well as in Thompson, Winnipeg, The Pas, and Gillam. The Meenoostahtan Minisiwin program responds to all aspects of mandated child welfare, as well as other situations where the best interests of children are in jeopardy. These have included mediating care placement arrangements; child-parent conflicts; family-agency or family-agency-system conflicts; assisting in the development of service plans in neglect and abuse cases; advocating on behalf of families attempting to access services; family violence; larger community-wide conflicts; and working to address systemic problems which impact the lives of First Nations children and families. We believe that by establishing processes which focus on restoring balance and harmony within families and communities, we are working towards an overall increase in the health and wellness of community members. And you who would understand justice, How shall you, unless you Look upon all deeds In the fullness of light? Only then shall you know that the erect And the fallen are but one man standing in The twilight between the Night of his pigmy-self And the day of his god-self. K. Gibran

scholarly journals Keeping First Nations in Their Place–The Myth of “First Nations Control of First Nations Education”: A Commentary

2011 ◽  
Vol 21 (1) ◽  
Author(s):  
Ron Phillips
Keyword(s):  
First Nations ◽  
Federal Government ◽  
Education System ◽  
School Facilities ◽  
Teacher Pay ◽  
Track Record ◽  
Educational Involvement ◽  
Low Levels ◽  
Government Of Canada ◽  
First Nations Education

The federal government of Canada has constitutional responsibility for First Nations education.  There is no evidence that the federal government has attempted to develop a comprehensive First Nations education system.  Most studies have found serious flaws in the current realities faced by First Nations children attending First Nations-controlled schools throughout Canada (e.g., low levels of academic achievement, lack of second-level specialist support, inadequate school facilities, and low teacher pay). These difficulties are not found in provincial schools in which the federal government supports First Nations students. Despite its poor track record in First Nations education, the federal government remains convinced that it knows what is best for First Nations children attending First Nations schools across Canada. First Nations educational involvement, knowledge and expertise are not really considered.  The idea of "First Nations control of First Nations education" is really meaningless. This paper critiques the current education system and makes recommendations.

scholarly journals Canadian First Nations Child Welfare Care Policy: Managing Money in "Ottawapiskat"

2014 ◽  
Vol 1 (1) ◽  
Author(s):  
Darcy Joseph Tootoosis
Keyword(s):  
Child Welfare ◽  
First Nations ◽  
Policy Decision ◽  
Child Welfare System ◽  
Welfare System ◽  
Residential School ◽  
Child And Family Services ◽  
Family Services ◽  
Nations Child ◽  
First Nations People

The inter-generational loss of Indigenous identity in Canada has been a result of Canadian Aboriginal policy in the past and present. The policies of the residential school era and the policies of today’s child welfare system lead to similar outcomes, particularly governmental determination of how the next generation of First Nations people are affected by the state. By 1997-1998, the Department of Indian and Native Affairs reported that First Nations child and family services were administering services to 70% of children on reserves, and that number was projected to increase to 91% by 2002. In 1940 when the residential school system was still in full use, there were almost 8,000 children in the schools across the country; compare that statistic to the year 2002 when there were over 22,500 First Nations children in the child welfare system, showing a progression of almost three times the number living in state care. The numerous social problems resulting from poverty are re-enforced by the Federal Government’s policy decision to neglect taking action despite their own commissions and research data. Procedural problems in child welfare administration arise due to government jurisdictions, which will also be discussed.

Missiological implications for Taylor Seminary arising from Canada’s Truth and Reconciliation Commission’s recommendations

2017 ◽  
Vol 45 (4) ◽  
pp. 407-413
Author(s):  
Allan Effa
Keyword(s):  
First Nations ◽  
Truth And Reconciliation Commission ◽  
Final Report ◽  
Cooperative Effort ◽  
Truth And Reconciliation ◽  
Cultural Genocide ◽  
The Government ◽  
Government Of Canada ◽  
Set Up

In 2015 the Truth and Reconciliation Commission of Canada concluded a six-year process of listening to the stories of Canada’s First Nations, Inuit and Métis peoples. More than 6000 witnesses came forth to share their personal experiences in listening sessions set up all across the country. These stories primarily revolved around their experience of abuse and cultural genocide through more than 100 years of Residential Schools, which were operated in a cooperative effort between churches and the government of Canada. The Commission’s Final Report includes 94 calls to action with paragraph #60 directed specifically to seminaries. This paper is a case study of how Taylor Seminary, in Edmonton, is seeking to engage with this directive. It explores the changes made in the curriculum, particularly in the teaching of missiology, and highlights some of the ways the seminary community is learning about aboriginal spirituality and the history and legacy of the missionary methods that have created conflict and pain in Canadian society.

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