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

Pindie Dhaliwal, one of the organizers for the Surrey Challo protest for Indian farmers. She says organizers were told by Surrey RCMP that the event was not allowed due to COVID-19. Organizers ended up moving the protest to Strawberry Hill at the last minute. (Photo: Lauren Collins)
Indian farmers rally moves as organizers say Surrey RCMP told them they couldn’t gather

Protest originally planned in Cloverdale, moved to Strawberry Hill

The City of Surrey is currently working through the initial phase for a park that’ll be built at 72 Avenue and 191 Street in Clayton. (Image via City of Surrey)
New park to be built in Clayton Heights

City of Surrey asking for feedback from Clayton residents

Fraser Health has declared a COVID-19 outbreak at a Surrey high-intensity rehabilitation unit, Laurel Place. On Dec. 22, 2020, Fraser Health said four patients and two staff members have tested positive for the virus. (Image: Google Street View)
Fraser Health says COVID-19 outbreak over at Laurel Place in Surrey

Health authority declared outbreak over Jan. 16

(Photo by Kevin Hill)
40 cases linked to Surrey Memorial Hospital COVID-19 outbreak

Fraser Health says two death are associated with the outbreak

Surrey Council Chambers. (File photo)
Surrey city councillors complain not enough public input in committees

City has gone ‘exactly the opposite direction,’ Councillor Brenda Locke charges

Justin Kripps of Summerland and his team have competed in Olympic action and World Cup competitions in bobsleigh. (Jason Ransom-Canadian Olympic Comittee).
QUIZ: Are you ready for some winter sports?

It’s cold outside, but there are plenty of recreation opportunities in the winter months

(Phil McLachlan - Capital News)
‘Targeted’ shooting in Coquitlam leaves woman in hospital

The woman suffered non-life threatening injuries in what police believe to be a targeted shooting Saturday morning

sdf
Another Mission student arrested for assault, in 2nd case of in-school violence this week

RCMP notified of local Instagram page with videos (now deleted) showing student assaults, bullying

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

A unique-looking deer has been visiting a Nanoose Bay property with its mother. (Frieda Van der Ree photo)
A deer with 3 ears? Unique animal routinely visits B.C. property

Experts say interesting look may be result of an injury rather than an odd birth defect

Standardized foundation skills assessment tests in B.C. schools will be going ahead later than usual, from Feb. 16 to March 12 for students in Grades 4 and 7. (Black Press Media file photo)
B.C. teachers say COVID-affected school year perfect time to end standardized tests

Foundational skills testing of Grade 4 and 7 students planned for February ad March

Sooke’s Jim Bottomley is among a handful of futurists based in Canada. “I want to help people understand the future of humanity.” (Aaron Guillen - Sooke News Mirror)
No crystal ball: B.C. man reveals how he makes his living predicting the future

63-year-old has worked analytical magic for politicians, car brands, and cosmetic companies

Terry David Mulligan. (Submitted photo)
Podcast: Interview with longtime actor/broadcaster and B.C. resident Terry David Mulligan

Podcast: Talk includes TDM’s RCMP career, radio, TV, wine, Janis Joplin and much more

Seasonal influenza vaccine is administered starting each fall in B.C. and around the world. (Langley Advance Times)
After 30,000 tests, influenza virtually nowhere to be found in B.C.

COVID-19 precautions have eliminated seasonal infection

Most Read