Ottawa challenges order to clear Jordan’s Principle backlog | Child protection among Aboriginal people

After hearing allegations that Indigenous Services Canada (ISC) was putting children at risk by not processing these requests quickly, the Canadian Human Rights Tribunal ordered Ottawa to act (new window) in a summary decision issued on November 21, giving Canada 30 days to challenge its order.

At the last moment, on Friday afternoon, December 20, federal lawyers filed an application for judicial review with the Federal Court, in order to overturn the decision.

Certain aspects of the summary decision raise important legal questions that must be resolveddeclared the Minister of Indigenous Services Canada, Patty Hajdu, in a press release announcing the decision. The statement does not specify what these problems are.

The file filed by Canada does not expand on this point either, contenting itself with saying that the court made an error of law or made an unreasonable summary decision. Canada has requested a pause in the judicial review pending the full decision, Hajdu said.

Millions of dollars in legal dispute

Cindy Blackstock, executive director of the First Nations Child and Family Caring Society of Canada, which filed the petition against Canada, condemned the request as a delay tactic in a recent interview .

They should get down to business and try to comply with court decisions instead of engaging in all these sterile disputesshe said.

Ms. Blackstock and the Assembly of First Nations (AFN) have been bringing this human rights complaint to court since 2007. They first alleged that Canada had chronically underfunded child and welfare services. family on reserves for years and had refused to comply with Jordan’s Principle.

But cracks have recently appeared in their approach, with the AFN hesitant to comment on Ms. Blackstock’s motion. The AFN acknowledged receipt of an interview request, but did not respond.

CBC Indigenous reported last month that federal governments, both Conservative and Liberal, have spent at least $14.5 million fighting – and losing – the 18-year-old legal battle. They lost every decision except one which was overturned on appealmentioned Ms. Blackstock.

It’s a waste of taxpayers’ money and, frankly, even worse, it’s a waste of children’s childhoods when they don’t take the necessary steps to remedy the problems.she lamented.

Demands piling up

Ms. Blackstock and the AFN won not only their case, but also $23.4 billion in compensation for victims, as well as a separate offer of $47.8 billion (new window) over 10 years to reform the child welfare system on reserves. First Nations chiefs rejected federal offer (new window) during an assembly last October.

The fate of this initiative is now uncertain since Prime Minister Justin Trudeau announced his decision to resign once the Liberal Party has chosen his successor.

In a report dated December 10, Canada described difficile et operationally infeasible the order to immediately clear the backlog.

Indigenous Services Canada says its backlog of Jordan’s Principle applications stands at 140,000 (new window)including 25,000 classified as urgent.

But the department has not been able to estimate when the backlog will be cleared, wrote Dayna Anderson, general counsel at Justice Canada. Urgent individual requests are expected to be processed within 12 hours.

In her statement, Minister Hajdu noted that nearly $8.8 billion has been announced for Jordan’s Principle, with more than 8.2 million products, services and supports approved since 2016, adding that Ottawa is was striving to meet the growing volume of requests.

Ms Blackstock countered that past progress cannot excuse continued violations of children’s rights. Unfortunately, in too many cases, children suffer irreparable harmshe indicated.

Based on a text by Brett Forester, CBC Indigenous