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

Langford and Vancouver Island Economic Alliance are partnering to provide local businesses with one-year Island Good memberships. (Courtesy of Vancouver Island Economic Alliance)
Langford offering local businesses free Island Good membership

Island Good label helps consumers identify local products

The speculation and vacancy tax raised about $1.21 million in Sidney and North Saanich combined. (Black Press Media file photo).
North Saanich and Sidney property owners paid $1.21 million in speculation and vacancy tax

Speculation and vacancy tax raised 6.5 million in Greater Victoria

Kimberly Proctor, 18, was murdered in 2010. Her family has spent many of the years since pushing for a law in her honour, that they say would help to prevent similar tragedies. (Courtesy of Jo-Anne Landolt)
Proposed law honouring murdered Langford teen at a standstill, lacks government support

Ministry of Mental Health and Addictions has concerns with involuntary detainment portion of act

Saanich parks staff will be applying a herbicide called Garlon XRT in Sayward Hill Park between Jan. 18 to 29 to control the invasive species English holly and hawthorn. (Devon Bidal/News Staff)
Herbicide used to target ‘priority’ invasive species in Saanich park

Treatment applied to English holly, hawthorn stumps, in Sayward Hill Park

BC Coroners Service is currently investigating a death at Canoe Cove Marina and Boatyard in North Saanich. (Black Press Media File)
Drowning death in North Saanich likely first in B.C. for 2021

Investigation into suspected drowning Monday night continues

Thursday, Jan. 28, 2021 is International Lego Day. (Jenna Hauck/ Chilliwack Progress)
Unofficial holidays: Here’s what people are celebrating for the week of Jan. 24 to 30

Lego Day, Talk Like a Grizzled Prospector Day and Puzzle Day are all coming up this week

Economic Development and Official Languages Minister Melanie Joly responds to a question in the House of Commons Monday November 23, 2020 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Federal minister touts need for new B.C. economic development agency

Last December’s federal economic update promised a stimulus package of about $100 billion this year

FILE - In this Nov. 20, 2017, file photo, Larry King attends the 45th International Emmy Awards at the New York Hilton, in New York. Former CNN talk show host King has been hospitalized with COVID-19 for more than a week, the news channel reported Saturday, Jan. 2, 2021. CNN reported the 87-year-old King contracted the coronavirus and was undergoing treatment at Cedars-Sinai Medical Center in Los Angeles. (Photo by Andy Kropa/Invision/AP, File)
Larry King, broadcasting giant for half-century, dies at 87

King conducted an estimated 50,000 on-air interviews

Comox Valley RCMP are looking for witnesses after the theft of a generator worth thousands of dollars. Photo supplied
RCMP asking Vancouver Island residents to watch for stolen generator

Vehicle may have been travelling on Highway 19

Terry Keogh, an RDN Transit driver, used his paramedic skills the morning of Jan. 22 after coming across an unconscious woman along his route in downtown Nanaimo. (RDN Transit photo)
Nanaimo transit driver stops his bus and helps get overdosing woman breathing again

Former EMT from Ireland performed CPR on a woman in downtown Nanaimo on Friday

Chief Public Health Officer Theresa Tam speaks during a daily briefing in Ottawa. (THE CANADIAN PRESS/Adrian Wyld)
31 cases of COVID-19 variants detected in Canada: Health officials

Dr. Theresa Tam made announces 13 more variant COVID-19 cases in Canada

An Atlantic salmon is seen during a Department of Fisheries and Oceans fish health audit at the Okisollo fish farm near Campbell River, B.C. in 2018. The First Nations Leadership Council says an attempt by industry to overturn the phasing out of salmon farms in the Discovery Islands in contrary to their inherent Title and Rights. (THE CANADIAN PRESS /Jonathan Hayward photo)
First Nations Leadership Council denounces attempt to overturn salmon farm ban

B.C.’s producers filed for a judicial review of the Discovery Islands decision Jan. 18

Daily COVID-19 cases reported to each B.C. health region, to Jan. 20, 2021. Island Health in blue, Northern Health green, Interior Health orange, Vancouver Coastal in red and Fraser Health in purple. (B.C. Centre for Disease Control)
B.C.’s COVID-19 infection rate stays stable with 508 cases Friday

Vaccine delivered to more than 110,000 high-risk people

More than 100 B.C. fishermen, fleet leaders, First Nations leaders and other salmon stakeholders are holding a virtual conference Jan. 21-22 to discuss a broad-range of issues threatening the commercial salmon fishery. (Black Press file photo)
B.C. commercial salmon fishermen discuss cures for an industry on the brink

Two-day virtual conference will produce key reccomendations for DFO

Most Read