QuoteThe federal government discriminates against First Nation children on reserves by failing to provide the same level of child welfare services that exist elsewhere, the Canadian Human Rights Tribunal has ruled.



Cindy Blackstock, executive director of the First Nations and Family Caring Society, along with the Assembly of First Nations, filed a complaint against Ottawa with the Canadian Human Rights Commission in February 2007.



They argued the support the federal government provides for child welfare on reserves is much lower than the support provincial governments give to children off reserves – even though on-reserve needs are greater. Less funding for family support means more children end up in the child welfare system, they said.



The Canadian Human Rights Tribunal agreed, according to a decision published Tuesday morning that says the federal government's funding model and management of its First Nations child and family services "resulted in denials of services and created various adverse impacts for many First Nations children and families living on reserves."



The decision says the government must "cease the discriminatory practice and take measures to redress and prevent it." It calls for the redesign of the child welfare system and its funding model, urging the use of experts to ensure First Nations are given culturally appropriate services.



The decision also compares on-reserve child welfare to the residential schools system, where "the fate and future of many First Nations children is still being determined by the government." It recommends increasing funding and support to allow First Nations to deliver their own child welfare.



An emotional Cindy Blackstock told reporters the decision was a "complete victory" for children everywhere, but she questions why the fight was ever necessary.



"Why did we have to bring the government of Canada to court to get them to treat First Nation children fairly? Little kids," she said. "Why would it ever be OK to give a child less than other children?"



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