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

Corsac the cat is up for adoption at Critteraid.
Critteraid hosts three adoption Sundays

More than 40 cats looking for their forever homes

Abigail McCluskey is in the Netherlands training to compete in the World Cup next month. She joins 12 Canadian speedskaters for the international competition later this month. (Dave Holland CSI Calgary)
Penticton speed skater in Netherlands for World Cup

Abigail McCluskey will be skating the long track in the international competition

Summerland Middle School
COVID exposure at Summerland Middle School

The person who tested positive was at school Jan. 11

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

A map released by the BCCDC on Jan. 15 shows the number of new COVID-19 cases reported for each local health area between Jan. 3 and 9. (BCCDC Image)
Salmon Arm and Vernon see increase in new COVID cases, curve flattening elsewhere

The rate of new cases is levelling off in Kelowna, Penticton and Revelstoke.

A scene from “Canada and the Gulf War: In their own words,” a video by The Memory Project, a program of Historica Canada, is shown in this undated illustration. THE CANADIAN PRESS/HO - Historica Canada
New video marks Canada’s contributions to first Gulf War on 30th anniversary

Veterans Affairs Canada says around 4,500 Canadian military personnel served during the war

Conservative Leader Erin O’Toole holds a press conference on Parliament Hill, in Ottawa on December 10, 2020. THE CANADIAN PRESS/Sean Kilpatrick
No place for ‘far right’ in Conservative Party, Erin O’Toole says

O’Toole condemned the Capitol attack as ‘horrifying’ and sought to distance himself and the Tories from Trumpism

A passer by walks in High Park, in Toronto, Thursday, Jan. 14, 2021. This workweek will kick off with what’s fabled to be the most depressing day of the year, during one of the darkest eras in recent history. THE CANADIAN PRESS/Chris Young
‘Blue Monday’ getting you down? Exercise may be the cure, say experts

Many jurisdictions are tightening restrictions to curb soaring COVID-19 case counts

(Vernon Search and Rescue/Facebook)
Vernon Search and Rescue responds after family gets UTV stuck on SilverStar trails

The family activated their SOS beacon around 3 p.m. once they realized they could be facing a night alone in the mountains

Dastkar, a new furniture store in Vernon, features handmade, unique furniture carved from wood and inlaid with brass in the Chiniot style. The business located on 43rd Avenue was started in December 2020 but is currently unstaffed due to COVID-19 staffing shortages. (Brendan Shykora - Morning Star)
PHOTOS: Vernon’s hidden handmade furniture store

Owners of Shahi Pakwan Indian restaurant opened the South Asian furniture store in December 2020

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic in Toronto on Thursday, January 7, 2021. THE CANADIAN PRESS/Nathan Denette
COVID-19: Provinces work on revised plans as Pfizer-BioNTech shipments to slow down

Anita Anand said she understands and shares Canadians’ concerns about the drug company’s decision

Tourists take photographs outside the British Columbia Legislature in Victoria, B.C., on Friday August 26, 2011. A coalition of British Columbia tourism industry groups is urging the provincial government to not pursue plans to ban domestic travel to fight the spread of COVID-19. THE CANADIAN PRESS/Darryl Dyck
B.C. travel ban will harm struggling tourism sector, says industry coalition

B.C. government would have to show evidence a travel ban is necessary

(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

The organizer of a Kelowna protest against COVID-19 restrictions was fined by the RCMP for the third time Saturday, Jan. 16, 2021. (File photo)
COVID-19: Organizer of Kelowna anti-restriction protest ticketed for third time

The individual’s latest ticket for $2,300 was handed out by RCMP at an anti-lockdown rally Saturday

Most Read