Chief Kevin Hart enters court in Winnipeg on Thursday, February 22, 2018. The Assembly of First Nations is ready to oppose a judicial review of an order from the Canadian Human Rights Tribunal that expanded First Nations children’s eligibility to receive public services under Jordan’s Principle. THE CANADIAN PRESS/John Woods

Chief Kevin Hart enters court in Winnipeg on Thursday, February 22, 2018. The Assembly of First Nations is ready to oppose a judicial review of an order from the Canadian Human Rights Tribunal that expanded First Nations children’s eligibility to receive public services under Jordan’s Principle. THE CANADIAN PRESS/John Woods

Feds’ challenge of ruling on First Nations children ‘a slap in the face’: AFN

Ottawa announced before Christmas it would seek a judicial review of the decision

The federal government’s appeal of a ruling that expanded First Nations children’s rights to public services is “a slap in the face,” says the Assembly of First Nations.

The November ruling by the Canadian Human Rights Tribunal widened the applicability of Jordan’s Principle, a rule that says that when governments disagree about who’s responsible for providing services to First Nations children, they must help a child in need first and argue over the bills later.

In November, the tribunal ruled that the principle applies to children who live off reserves if they identify as members of a particular First Nation and that nation claims them — even if they don’t have status under the Indian Act — and to children of parents who could legally get status but do not have it.

Effectively, it allows First Nations to decide whether a particular child is entitled to federally funded services, not just the federal government under the Indian Act.

Ottawa announced before Christmas it would seek a judicial review of the decision.

When the case goes to Federal Court, the government will find the Assembly of First Nations there, ready for the fight.

“If you look at the tribunal’s ruling and you look at the reasoning behind Canada submitting a judicial review, it’s flawed,” said Kevin Hart, the AFN’s regional chief for Manitoba, in an interview with The Canadian Press.

Hart said the government challenge of the tribunal’s order “was a stab in the back to us as leadership, but even more so it’s a slap in the face to our First Nations children for the government of Canada to do this in this day and age.”

Jordan’s Principle is named for Jordan River Anderson, a First Nations boy from Norway House Cree Nation. He was born with multiple disabilities and spent his whole five years of life in hospital because the federal and Manitoba governments each insisted the other should pay for his care in a special home.

The tribunal based its November decision on several cases of “the tragic consequences of Canada’s discriminatory policy” against First Nations children living off-reserve.

One was the treatment of a 18-month-old First Nations girl living in Toronto, without status under the Indian Act.

The child, who has a rare and potentially life-threatening medical condition known as hyperinsulinism, needed to travel with her parents to Edmonton in November 2018 for an essential scan only available there, according to evidence presented to the tribunal.

The government wouldn’t cover the family’s expenses due to the child’s off-reserve residency and lack of Indian Act status, but the infant’s mother was eligible to be registered and to receive First Nations status under the Indian Act.

The First Nations Child and Family Caring Society intervened and covered the medical transportation expenses. Later, the organization co-filed the complaint with the Assembly of First Nations that led to the recent tribunal decision.

Indigenous Services Canada said in a news release in December it’s been fully implementing the tribunal’s order while seeking the court review.

The executive director of the First Nations Child and Family Caring Society Cindy Blackstock said the government’s news release makes it appear as if the government is expanding services for First Nations children by its own benevolence.

“In fact, (the government) strongly opposed our motion to extend services to First Nations children without status, off reserve,” she said in an interview.

Blackstock said the lack of essential services, decent housing and safe drinking water has pushed many Indigenous families to live off reserves.

“They have to live off reserve and then they’re denied services by the federal government because they live off reserve,” she said. “That’s wrong.”

The organization also filed a notice to appear in Federal Court, opposing the government’s appeal.

Indigenous Services Canada said in a statement it’s seeking the review because “it was not within the tribunal’s statutory jurisdiction to issue such a decision.”

The department said the tribunal’s decision was made without broad participation of First Nations communities across Canada.

Hart described the tribunal’s order as a “historic ruling” because it goes beyond the Indian Act and supports First Nations’ right to determine who the members of their nations are.

“The ruling from the tribunal is supportive of First Nations right of self-determination and self-governance, not interfering,” he said. “In addition, Canada has made a number of unilateral changes to Jordan’s Principle over these last few years. And these changes were made without consultation of First Nations.”

———

This story was produced with the financial assistance of the Facebook and Canadian Press News Fellowship.

Maan Alhmidi, The Canadian Press


Like us on Facebook and follow us on Twitter.

Want to support local journalism during the pandemic? Make a donation here.

Indigenous

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

A screenshot from a local Instagram account video. The account appeared to be frequented by Mission students, and showed violent videos of students assaulting and bullying other students.
Parents, former students describe ‘culture of bullying’ in Mission schools

Nearly two dozen voices come forward speaking of abuse haunting the hallways

A door is boarded up following a fire at Pho Xuan restaurant on Yale Road on Friday, Jan. 22, 2021. (Jenna Hauck/ Chilliwack Progress)
UPDATE: Early morning fire at vacant Chilliwack restaurant was deliberately set

Fire erupted north of the Yale Road overpass at Pho Xuan, which was permanently closed

The 4th Annual Fraser Valley Marches for Women March is virtual this year, and this file shot depicts speeches from the first march from Jan. 20, 2018. (Jennifer Feinberg/Chilliwack Progress file)
Video on women’s march emphasizes that violence against women increasing

Key messages from Chilliwack women leaders as the FV Marches for Women March goes virtual

Officers investigate the scene after a pedestrian was struck and killed on Friday morning. (Ben Lypka/Abbotsford News)
Male pedestrian, 37, killed in Abbotsford after being struck by vehicle

Collision took place in 31800 block of South Fraser Way on Friday morning

(Black Press Media files)
Snowfall expected for Lower Mainland on Saturday night, Sunday morning

2 to 5 cm of snow predicted Metro Vancouver, according to Environment Canada

Toronto Public Health nurse Lalaine Agarin sets up for mass vaccination clinic in Toronto, Jan. 17, 2021. B.C. is set to to begin its large-scale immunization program for the general public starting in April. THE CANADIAN PRESS/Frank Gunn
B.C.’s COVID-19 mass vaccinations expected to start in April

Clinics to immunize four million people by September

The District of Saanich’s communications team decided to take part in a viral trend on Thursday and photoshopped U.S. Senator Bernie Sanders into a staff meeting photo. (District of Saanich/Twitter)
Bernie Sanders makes guest appearance municipal staff meeting in B.C.

Vancouver Island firefighters jump on viral trend of photoshopped U.S. senator

School District 57 headquarters in Prince George. (Mark Nielsen, Local Journalism Initiative Reporter)
Prince George school district settles with sexual abuse victim

Terms were part of an out-of-court settlement reached with Michael Bruneau, nearly four years after he filed a lawsuit

Surrey provincial court. (File photo: Tom Zytaruk)
New COVID-19 protocols set for provincial courthouses

The new rules were issued on Jan. 21, and took effect immediately

Police in Vancouver looking for male suspect who allegedly spat and attacked a store manager for not wearing a mask, at 7-Eleven near Alma Street and West 10th Avenue just before noon on Dec. 17, 2020. (Vancouver police handout)
VIDEO: Man spits on 7-Eleven manager over mask rule, sparking Vancouver police probe

‘Unfortunately, the store manager sustained a cut to his head during the assault’

The Vancouver-based SAR team successfully rescued two lost snowshoers off of the west side of Tim Jones Peak in the early morning of Monday, Jan. 19. (North Shore Rescue photo)
B.C.’s busiest SAR team raises alarm after 2021 begins with fatality, multiple rescues

‘People beyond ski resort areas of Seymour, Grouse, and Cypress go without cell reception,’ SAR warns

Post-COVID-19 recovery clinic in Surrey, at Jim Pattison Outpatient Care and Surgery Centre. (Photo: Fraser Health)
Surrey to host 1 of 3 post-COVID recovery clinics in Lower Mainland

The Jim Pattison Outpatient Care and Surgery Centre is located at 9750 140th Street

Competitors make their way through the course at the 2019 Canadian Cross Country Championships, which was hosted by Abbotsford in 2019. (File photo)
Abbotsford to host 2023 Canadian Cross Country Championships

Clearbrook Park last hosted the event in 2019, Ottawa hosting 2021 and 2022 races

Police are searching for an alleged sex offender, Nicole Edwards, who they say has not returned to her Vancouver halfway house. (Police handout)
Police hunt for woman charged in ‘horrific’ assault who failed to return to Surrey halfway house

Call 911 immediately if you see alleged sex offender Nicole Edwards, police say

Most Read