Spring 2007

www.fncaringsociety.com

FNCFCS Board President, Joan Glode, is proud to sign a Memorandum of Understanding with National Chief Phil Fontaine, Assembly of First Nations

Assembly of First Nations and the First Nations Child & Family Caring Society of Canada launch

Human Rights ComplaintThe Department of Indian Affairs website says “A fundamental change in the funding approach of First Nations Child and Family Services Agencies to child welfare is required in order to reverse the growth rate of children coming into care, and in order for the agencies to meet their mandated responsibilities.” At the First Nations Child and Family Caring Society of Canada we could not agree more and that’s why it is so difficult to understand why the federal government did not act immediately to redress this profound inequity in its recent budget. The federal government has known about this inequity for over seven years and has done little to redress it despite

having a well researched solution that is affordable and universally accepted by First Nations. Given the devastating impacts that unnecessary removals of children from their families can have, the FNCFCS has joined with the Assembly of First Nations to file a complaint with the Human Rights Commission of Canada to end the unnecessary removals of First Nations children resulting from an inequitable federal government child welfare funding formula. Turn to page 2 to find out more about the complaint and how you can help ensure equitable child welfare funding for First Nations children and families on reserve.

Help Canada meet its commitment to not discriminate against children by endorsing Jordan’s Principle. This child first principle to resolving inter governmental jurisdictional disputes applies to services that are available to Canadian children. The problem arises when federal and provincial governments argue over which government will pay services to Status Indian children resident on reserve. The governments often insist that the payment issue be settled before the child gets the service. This “child second” approach to resolving the jurisdictional disputes results in large numbers of children sitting on the side lines while other children enjoy these important services. Jordan’s principle would ensure that the child receives the service first while still allowing governments to work out the payment responsibilities later. It would cost nothing to implement and would likely create government cost efficiencies as accountable and organized dispute resolution systems would take the place of the currently inefficient “case by case” approach. All provinces and territories and the federal government were invited to endorse Jordan’s Principle a year ago but to date none have formally adopted it – help ensure Jordan’s legacy that the needs of children come before the needs of government by endorsing Jordan’s Principle on line at www.fncaringsociety.com

Jordan's Principle

Ensuring the Human Rights of Indigenous Children

Pg 2 - Background on the Human Rights Complaint

Pg 3 - The Draft General Comment on Indigenous Child Rights

Pg 4 - Caring Across the Boundaries Youth Focus

IN THIS ISSUE:

Many of you have recently been reading of the Human Rights Case which was filed by the Assembly of First Nations and the First Nations Child and Family Caring Society of Canada regarding First Nations child welfare funding. This summary will provide you with a bit more background and invites your support on this essential human rights issue affecting First Nations children across the country.

The ProblemThere are more First Nations children living in state child welfare care now than at any tme in history (including during the height of residential schools) and according to the Department of Indian Affairs (INAC’s) own public statements, the number of children going into care has risen over 65% in the recent years. In an analysis of disaggregated data from three provinces we were able to determine that the chances of a non Aboriginal child going into child welfare care was 0.67% as compared to 10.23% for First Nations children. Overall we believe that there are 9000 First Nations children in child welfare care on reserve rising to 27,000 when including First Nations children off reserve.

Why are so many First Nations children in child welfare care?The Canadian Incidence Study on Reported Child Abuse and Neglect has found that neglect is the primary type of maltreatment that contributes to the over representation of First Nations children in care. However, the factors contributing to the finding of neglect (poverty, substance misuse and poor housing) are often outside the control of parents to affect change by themselves .

Why is there a funding shortfall for child welfare services on reserves?A key thing to keep in mind is that although provincial child welfare laws apply on reserves the provinces typically do not provide any child welfare funding for status Indian children living on reserve- the federal government does. However, when the federal government levels of

funding are inadequate or outdated as has been proven in reports for over 7 years, the provinces have not moved to top up the shortfall - resulting in First Nations children on reserves getting less than what other children receive.

Counter to the prevailing stereotype that First Nations

children receive more services than other Canadians, a detailed interdisciplinary series of reports called the Wen:de reports (available on line at www.fncfcs.com) found that the federal government severely underfunds services to keep First Nations children in their homes but provides unlimited funds for their removal. By law, social workers are to try every other alternative before removing a child - but this funding formula leaves social workers on reserve with no tools to try other options and thus removal often becomes the “only resort” instead of the “last resort.”

Is there a solution?Yes, the Wen de reports were completed with the help of leading researchers in Canada and First Nations and INAC were involved in all stages of its development. The report has received public commendations from INAC on their website and has been approved by unanimous resolution by the Assembly of First

Nations. The solution is fully costed out and amounts to 109 million in year one to provide basic equitable child welfare funding - this represents less than one percent of the federal surplus budget.

Why is the Human Rights Complaint being filed?We contend that the federal funding policy discriminates against First Nations children on reserve on the basis of race (being status Indian)

and residency (on reserve location) by knowingly providing them with inequitable

levels of child welfare funding resulting in unequal benefit under child welfare laws.

The federal government has known it underfunds child welfare services on reserve for over seven years and yet has failed to restore equitable funding levels despite running surplus budgets each year. While the federal government has failed to act growing numbers of

First Nations children have gone into child welfare care because they are

denied services to keep them safely at home.

How can you or your organizations help?

Please write to PM Harper, Minister Prentice urging them to ensure that First Nations children on reserves have equitable levels of child welfare funding by fully implementing the Wen de recommendations. Public expressions of this nature such as open letters, letters to the editor, and statements are also most welcome. Please also CC the National Chief of the Assembly of First Nations.

How you can find out more?Go on line to www.afn.ca to read the Child Welfare Leadership Plan and Press Release on the Human Rights Case filing or go to www.fncfcs.com to read my comments at the press conference announcing the human rights complaint and to read the Wen de reports.

This is a situation where Canada knows the problem, has a solution agreed to by First Nations and has the resources to implement it - what is needed is Canadians to say to government - act on the recommendations of the Wen de report and give First Nations children an equitable chance to stay safely at home.

A Chance to Make A Difference for First Nations ChildrenBackground on the Human Rights Complaint on First Nations Child Welfare

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1. What is the United Nations Convention on the Rights of the Child (UNCRC)?This convention sets out the civil, economic, cultural, political and social rights of children and has been signed and ratified by over 192 countries in the world. It is the only international convention to specifically mention the rights of Indigenous children in Article 30. To see a full copy of the UNCRC and a list of the countries who have ratified the convention please visit http://www.unhchr.ch/html/menu3/b/k2crc.htm2. What is the United Nations Committee on the Rights of the Child (the Committee)? This is the committee that oversees the implementation of the UNCRC according to the monitoring provisions of the UNCRC. One of the key ways the Committee oversees the implementation of the UNCRC is by reviewing State Party Reports on the status of implementation of the Convention in specific countries whilst also inviting NGO (non governmental organizations) and child rights experts to also provide their views on the states implementation of the UNCRC.3. What is the NGO Group on the UNCRC Sub Group on Indigenous Children and Youth?The NGO Group on the UNCRC is an um brella organization for non governmental international NGO’s working in child rights. This group is interested in ensuring every child receives the full enjoyment of rights set out in the UNCRC and works actively with the Committee on the Rights of the Child, NGO’s around the world and other UN bodies such as UNICEF. The NGO Group develops sub groups to specifically explore the rights situation of specific groups of children. The Sub Group on Indigenous Children and Youth (ISG) is one such sub group. The ISG was officially formed in 2005 and has been supporting the development of a General Comment on Indigenous Child Rights by the United Nations Committee on the Rights of the Child. For more information on the ISG please visit our website at www.isg-ngogroup.org.4. What is a UNCRC General Comment? The United Nations Committee on the Rights of the Child can create general comments to guide state parties (countries) who have ratified the UNCRC to interpret the Convention with regards to the interests of specific populations of children. In this case, the General Comment will provide guidance

Information Sheet: Drafting Process for the General Comment on Indigenous Children for the United Nations Committee on the Rights of the Child (UNCRC)

to state parties on how to interpret the United Nations Committee on the Rights of the Child for Indigenous Children.5. Why is a General Comment on Indigenous Children needed? The United Nations Committee on the Rights of the Child has noted an international pattern whereby Indigenous children are experiencing rights violations to a degree not experienced by other children. The General Comment is intended to support state parties in ensuring Indigenous children enjoy all the rights set out in the UNCRC.6. Who Writes the General Comment? The United Nations Committee on the Rights of the Child is the organization that authors the document but they can be assisted by an expert writer. In the case of the General Comment on Indigenous Child Rights an international posting was held to recruit candidates for the expert writer position. Margo Greenwood, in Indigenous woman from Canada was selected as the expert writer for the Indigenous child rights General Comment.7. Who Gets Input into the General Comment? Indigenous child rights experts and non governmental organizations are invited to provide input into the document for the consideration of the United Nations Committee on the Rights of the Child. State parties and their representatives do not have input into General Comments.8. How Can I Provide Input into the General Comment Drafting Process? If you are an Indigenous child rights expert or work for a non government organization that works for Indigenous peoples then you are welcome to review the draft and provide input on the document. You can register your interest by filing an application to view the Draft General Comment and provide input on line at www.isg-ngogroup.org. There are several guidelines to keep in mind when considering the draft: 1) this is an international document that will affect all Indigenous children so suggestions should reflect this, and 2) this is an interpretation document for the UNCRC so reference should be made to how your suggestion relates to specific article(s) of the UNCRC. Although feedback is welcome and will be carefully considered, the United Nations Committee on the Rights of the Child has discretion on the final content of the General Comment so there is no guarantee that your specific suggestions will be included in the final document.

9. Are There Other Ways to Provide Feedback? There are several in person consultations being planned during 2007. The first was held in Victoria BC on February 24, 2007 and another is planned for the United Nations Permanent Forum on Indigenous Issues in New York in May of 2007. For more information on these in person consultation sessions please email cblackst@fncfcs.com.10. Are the Materials Available in all United Nations Official Languages? The Indigenous Sub Group has an annual budget of 24,000 Canadian so our ability to translate materials, including drafts is limited. However, we have had a number of documents translated into Russian, Spanish and French by volunteers. We would welcome any assistance with translation services and costs so that we can ensure more documents are available.11. What are the Timelines for Completion of the General Comment on Indigenous Children? The General Comment on Indigenous Child Rights will not be completed until the United Nations Committee on the Rights of the Child is fully satisfied with the text of the document. We are anticipating that consultations will occur on the second draft of the General Comment until August 2007 when a second draft will be presented to the Committee for review. A third draft will then be prepared and selected consultation with Indigenous experts will occur with the intention of preparing a final draft for the consideration of the Committee in January of 2008. The Committee will only approve the document in January of 2008 if it is fully satisfied with the content – so consultations and revisions post January 2008 are possible.12. Is there Funding Available to Support Participation in this Process? Unfortunately, the ISG operates on a very modest budget and thus is not in a position to fund the participation of interested parties.13. Where can I go to get more information? Visit the website for the Sub Group on Indigenous Children and Young People at www.isg-ngogroup.org or contact the United Nations Committee on the Rights of the Child.Prepared by: Cindy Blackstock, Co-Convener, NGO Group on the UNCRC, Sub Group on Indigenous Children and Youth

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FNCFCS membership information

If you would like to join the First Nations Child & Family Caring Society as a Member under one of the following categories:

Individual Membership ($75)

Student Membership with ID ($5)

Elder Membership ($5)

Small FNCFS Agency Membership: 1 - 50 employees ($350)

Large FNCFS Agency Membership: 50+ employees ($600)

Small Associate Membership: Organizations with 1 - 50 employees ($350)

Large Associate Membership: Organizations with 50+ employees ($600)

Please contact us:

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www.fncaringsociety.com

Plan to attend Yellowhead Tribal Service Agency's 8th Annual National First Nations Child and Family Services Conference Starts: May 21, 2007Ends: May 25, 2007 At the new River Cree Resort & Casino, Marriott, Enoch, Alberta to register, visit http://www.ytsa.ca/upload/documents/YTSA-reg-form.pdf

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The National Association of Friendship Centres and the First Nations Child and Family Caring Society co-hosted a successful Caring Across the Boundaries Youth Focus Train the Trainers Session, February 23-25, 2007. The purpose of this session was to provide a skills enhancement opportunity for youth connected to the NAFC as well as support the development of a network of facilitators for the delivery of Caring Across the Boundaries workshops.

Participants arrived on Friday, February 23, 2007 and were greeted at the airport by NAFC and FNCFCS staff. After a quick (not so quick for those in my van!) trip to the venue, dinner was served and group activities began for the night. This first night was about getting to know one another, reviewing the agenda for the weekend and getting settled in. Based on the motivation and high energy of each individual participant it was clear that the weekend was going to be an amazing experience!

Saturday was a full day of workshops with youth participating in each module of the Caring Across the Boundaries program. Participants were also provided a facilitators package including: a video, workshop materials, icebreakers and other supporting documents for the delivery of the Caring Across the Boundaries program. An information session was held to provide an overview on how to use each product in the facilitator’s package.

On Saturday night, Darren Thomas facilitated a workshop on meditation and self-hypnosis. This workshop taught participants ways to relax and re-focus negative energy into positive energy. On Sunday morning, this workshop was all anyone could talk about over breakfast!

Sunday was our final day together and was structured around learning facilitator “how-tos” including: managing group dynamics; finding your voice and owning the material; understanding and responding to cultural differences; and learning how to teach others about the history of Aboriginal peoples in Canada. Darren Thomas was recruited as a knowledgeable expert on facilitating historical discussions and he provided an informative, engaging and meaningful workshop based on personal and professional experience.

This weekend event would not have been possible without the generous contribution of time and knowledge of the following: Elder Irene Lindsay, Jocelyn Formsma, Carey Calder and Darren Thomas. Conversely, the enthusiasm and energy of the participants created a meaningful and productive training. Thank you to all of the participants: Disa, Chelsea, Loretta, Kelly, Sean, Nancy, Ursula, Chelsea, Carey, Lori.

Caring Across the Boundaries Youth Focus: Train the Trainer Session,

February 23-25, 2007

1001-75 Albert StreetOttawa, Ontario, K1P 5E7ph: 613-230-5885fax: 613-230-3080email: info@fncfcs.com