Presented by the CBA Children Law Committee
The Canadian Human Rights Tribunal (CHRT) recently issued a landmark decision in the largest human rights complaint ever heard by the tribunal.
In February 2007, the First Nations Child and Family Caring Society and the Assembly of First Nations filed a complaint alleging that the Canadian government’s provision of First Nations child and family services and its implementation of Jordan’s Principle are flawed, inequitable, and thus discriminatory under the Canadian Human Rights Act.
The CHRT released its decision on the merits of the complaint in January 2016, finding that the Government of Canada is racially discriminating against 163,000 First Nations children by providing flawed and inequitable child welfare services, with the current funding formulas creating an incentive to remove children from their homes as a first resort rather than a last resort.
The CHRT also determined that the Government of Canada has failed to implement Jordan’s Principle, to the detriment of First Nations children.
This webinar will examine:
- Context and history of the case
- Overview of the CHRT decision
- Implications for the use of comparator groups in a discrimination analysis
- Implications for the implementation of Jordan’s Principle
- Implications of the finding that government funding can constitute a service
- Participation of young people in the tribunal process
Presenters:
Dr. Cindy Blackstock, Executive Director, First Nations Child and Family Caring Society
Sarah Clarke, Clarke Child & Family Law
