The Federal Court has directed the Canadian Human Rights Tribunal to examine evidence that First Nations children are being discriminated against because of federal underfunding of child protection services on reserve.
Aboriginal groups say today’s decision confirms that the federal government can be held accountable under the Canadian Human Rights Act for ensuring that First Nations people on reserve have fair and equitable access to government services.
The inequities in First Nations child welfare have been highlighted by the Auditor General of Canada and others.
The First Nations Child and Family Caring Society and the Assembly of First Nations filed the discrimination complaint more than five years ago.
However, the evidence has never been examined because of a series of technical objections raised by federal government lawyers.
The discrimination complaint was dismissed by Canadian Human Rights Tribunal Chair Shirish Chotalia, who agreed with Ottawa that federally-funded child welfare services on reserves should not be compared with provincially-funded child welfare services off reserves.
The AFN, the FNCFCS and the Canadian Human Rights Commission, concerned that such a ruling would immunize Ottawa from any accountability for inequitable services on reserves, appealed the decision to Federal Court.
The Federal Court has now instructed the Tribunal to begin hearings as soon as possible into the substance of the complaint.