First Nations Child and Family Caring Society of Canada

In the News

Breaking News

posted July 25, 2010
UN Permanent Forum on Indigenous Issues calls for report on First Nations child welfare CHRT Read more...

posted June 22, 2010
CBC program the Current covers Native Child Welfare Tribunal on June 16, 2010 Listen Now www.cbc.ca/thecurrent/

posted June 4, 2010
Motion to dismiss on June 2, 3, 2010

posted May 29, 2010
Amnesty International World Report mentions Canadian Human Rights Tribunal on First Nations Child Welfare
Amnesty International Report 2010: The State of the World's Human Rights

posted May 17, 2010
Canada opposes public posting of tribunal transcripts
Letter from the Department of Justice
Response from First Nations Child and Family Caring Society of Canada


posted May 13, 2010
Another family forced to place a child in foster care because Jordan's Principle not fully implemented


posted May 6, 2010
Canadian Human Rights Tribunal Resumes June 2, 3, 2010

Two important patterns appear to be emerging about the Canadian Government's actions in this case. First, they want to avoid a full hearing on the merits and second they want to avoid this case being broadcast or their witnesses testifying in public. After losing two attempts to derail the tribunal on a legal loophole in Federal Court, the Canadian Government has filed a motion to dismiss on the same legal loophole at the Tribunal. The Canadian Human Rights Act allows claims of discrimination on the basis of a a good, service or accomodation and Canada argues that their First Nations child and family service program is not a service. We strongly disagree and are concerned that the Canadian government does not want this important case concerning vulnerable children decided publically on the facts. Canada's motion to dismiss will be heard on June 2, 3, 2010 (9:30-5:00) at the Canadian Human Rights Tribunal located at 11th floor, 160 Elgin Street, Ottawa. This hearing is open to the public and we encourage the public, particularly Elders and youth, to come. Canada has said it does not want the hearings broadcast by the Aboriginal Peopels Television Network as it would make Canada's witnesses nervous and may disrupt relationships between public servants and First Nations. First Nations have raised no similiar concerns about its witnesses and has strongly supported all measures of public accountability including the motion by the Aboriginal Peoples Television Network to broadcast the proceedings. The motion by Aboriginal Peoples Television Network to broadcast the tribunal was heard in February of 2010 and we are currently awaiting a ruling from the Tribunal.

Read the Notice of Hearing


posted April 16, 2010
UNPFII Expert Group Meeting on Indigenous children and youth in detention, custody, adoption and foster care cite Jordan's Principle as best practice and recommend UNPFII get full report on First Nations Child Welfare Tribunal.


posted April 1, 2010
Caring Society applauds Federal court decision.
On March 30, 2010 a Federal Court judge chose to uphold the decision by a prothonotary of the federal court to stay Canada's application to derail the Canadian Human Rights Tribunal on First Nations child welfare until after the tribunal is concluded. This effectively allows the tribunal on the merits to go ahead without intervention from the federal court. The Canadian Government has 10 days to appeal. Send a note to PM Harper at pm@pm.gc.ca to demand they allow this case to be heard on its merits - not decided on legal loopholes!


posted March 28, 2010

Watch this APTN news story on the tribunal.


posted March 11, 2010
Press Release

While federal government uses legal loopholes to keep flawed policies for First Nations children in place, documents obtained under access to information say that inequitable child welfare funding contributes to the fact that there are more First Nations children in child welfare care today than at the height of residential schools. The federal government’s response to the “dire” inequality facing First Nations children has been to partially implement a flawed funding formula known as the Enhanced Funding Approach that the Auditor General of Canada has already ruled inequitable in few provinces.

Canada is currently before the Canadian Human Rights Tribunal because of its inequitable treatment of First Nations children. However, in December of 2009, the federal government filed a motion to have the case dismissed, claiming that the Canadian Human Rights Act, which prohibits discrimination in government services, does not apply to the funding decisions that determine the level and quality of services to First Nations communities.

Cross examinations on affidavits filed by Canada in support of the motion and by First Nations and others in opposition to the motion have been held last week and this week in Ottawa.

Read the full Press Release: Aboriginal Child Welfare in Dire situation; more children in foster care than at the height the Residential School system!.


posted March 8, 2010
Ontario Provincial Advocate for Children and Youth releases annual report noting inequities in First Nations child welfare. Read more here.

posted March 4, 2010
Amnesty International releases new report calling on Canada to accept the UN Declaration on the Rights of Indigenous Peoples and provide equitable funding for First Nations Child Welfare
Read the report


posted March 4, 2010
INAC's top official on child welfare, Odette Johnston takes the stand at child welfare tribunal

Odette Johnston, INAC's top official on child welfare was cross examined on Friday February 26, 2010 on her affidavit in support of Canada's application to derail the tribunal on First Nations child welfare. She confirmed knowing of the Auditor General's (AOG) report but was not sure if the Auditor General had concerns about INAC funding program. She confirmed that the Auditor General's report is not a key driver in INAC's work and that INAC has moved forward with only two recommendations (reporting back on their progress and they have made the decision to leave the definition of culturally appropriate to First Nations). There appears to have been no progress in addressing the inequalities identified in the AOG report. This is surprising given that Ms. Johnston heads the division that prepared government's responses that appear in the Auditor General's report.


posted March 3, 2010
New Brunswick Ombudsman Bernard Richard released vital report on First Nations child welfare. Culturally based equity in child welfare services are vital to improving children's wellbeing.
Learn more here www1.gnb.ca/cnb/multimedia/display-e.asp?ID=2379&num=1

posted January 10, 2010
In a letter on January 8, 2010, Chair Shirish Chotalia (who was newly appointed by the Conservative Government on November 2, 2009) vacated all tribunal hearing dates for January and February 2010 and has apparently decided to hear Canada's motion to dismiss the tribunal. We are surprised that Chair Chotalia has agreed to hear Canada's motion to dismiss given that the federal court has already reviewed the matter and ruled against the Canadian Government. These decisions by the Chair were unexpected and cause us great concern. If the original schedule of hearings established by Chair Sinclair were respected by the incoming Chair we would have already concluded three weeks of witness testimony on this important matter by month's end. Given Chotalia's interventions not one word of witness evidence has been entered into the record.

We are exploring all options to respond to this recent development and will keep you posted.


posted January 8, 2010
Canadian Paediatric Society releases report card on Canadian Public Policy and child and youth health including a report card on the implementation of Jordan's Principle by provincial and territorial governments.


posted November 28, 2009
FNCFCS welcomes federal court ruling on First Nations child welfare tribunal.

The federal court has decided not to hear Canada's application to stop the tribunal until after the tribunal has been completed. This decision allows for the tribunal to continue which is what we were hoping for. Canada has 10 days to file an appeal.


posted November 28, 2009
Cindy Blackstock, Executive Director for FNCFCS is honored to recieve the Atkinson Charitable Foundation Social and Economic Fellowship. Read more here http://www.atkinsonfoundation.ca/updates/Document_1258898308024


posted November 10, 2009
Effective November 2, 2009, the Honourable Rob Nicholson, Minister of Justice, appointed Shirish P. Chotalia as Chair of the Canadian Human Rights Tribunal. Two days into the new Chair’s term we received notice from the Chair that the hearing dates scheduled to begin on November 16, 2009 were potentially being adjourned. On November 6, 2009, the Chair informed the parties that she was vacating the first week of the evidentiary hearing scheduled to begin in Ottawa on November 16, 2009.

This decision was made unilaterally without any consultation with the First Nations Child and Family Caring Society of Canada. This complaint was filed over two years ago and preparations for the hearing have been underway for some time now and all parties were prepared to proceed with the Tribunal on November 16, 2009. This ruling completely caught us by surprise and we are now working with our lawyers to try to understand why the Tribunal Chair made this ruling. We understand the hardship that inequality has on First Nations children and families and will be working to ensure a full public tribunal hearing on this important matter resumes as soon as possible.


posted October 31, 2009
Caring Across Boundaries Photography Exhibit opens in Toronto on November 23, 2009 through to November 27, 2009. Click here for more information


posted October 30, 2009
The First Nations Child and Family Caring Society of Canada would like to express our heartfelt appreciation to Southeast CFS, Southern First Nations Network of Caring, Animikii Ozoson Child and Family Services, Anishinaabe Child and Family Services, Intertribal Child an Family Services, Sandy Bay Child and Family Services, Sagkeeng Child and Family Services, Peguis Child and Family Services, Dakota Ojibway Child and Family Services, West Region Child and Family Services, and the All Nations Coordinated Response Network for hosting the second annual gala for the Caring Society on October 28, 2009 in Winnipeg. We are so uplifted by the support of First Nations child and family service agencies and we are truly honored to work with all of you. Thank you!


posted September 14, 2009
The historic human rights tribunal on First Nations child welfare began today. Amnesty International and the Chiefs of Ontario were both granted intervenor status in this important matter and the tribunal chair adjourned the matter until November 16, 2009 when witness testimony will begin to be entered on the record. Thanks to all the people from across Canada who attended the tribunal in person today and the many others who followed it in the media. Keep watching and please do encourage others in your circle to join the growing list of witnesses at www.fnwitness.ca.

Click here to learn more about Canadian Human Rights Tribunal process


posted April 22, 2009
The Government of Ontario announces support for Jordan's Principle.


posted May 22, 2007
Join Amnesty International Canada in putting an end to inequitable child welfare funding for First Nations children


posted May 18, 2007
Honourable Member of Parliament, Jean Crowder (NDP) tables private members motion in support of Jordan’s Principle

Download Speaking Notes


posted February 23, 2007
FNCFCS submits Human Rights Complaint on Inequitable Child Welfare Funding

The First Nations Child and Family Caring Society of Canada is honored to work with the Assembly of First Nations to file a human rights complaint to seek redress for inequitable funding levels for First Nations child welfare agencies which contributes to rising numbers of First Nations children in child welfare care. The following document summarizes the speaking notes of Cindy Blackstock, Executive Director of the First Nations Child and Family Caring Society of Canada during the news conference held on February 23, 2007. Please visit www.afn.ca to view AFN press releases on this matter.

Human Rights Complaint News Conference
Cindy Blackstock, Speaking Notes
Ottawa, ON, February 23, 2007