Canada can't say when it will clear 140,000 backlogged cases for First Nations kids

OTTAWA -

Canada has told the Canadian Human Rights Tribunal it can't say when it will work through a backlog of some 140,000 cases related to First Nations child services.

That has led to a prominent child welfare advocate and First Nations leaders in Manitoba warning about an escalating crisis caused by Canada's inaction.

Jordan's Principle is a legal rule that stipulates that when a First Nations child needs health, social or educational services they are to receive them from the government first approached, with questions about final jurisdiction worked out afterward. The tribunal ordered Canada to identify the number of backlogged cases under that rule and return to it with a detailed plan to address them by Dec. 10.

On that deadline Canada told the tribunal the proposed timeline to address the backlog of some 140,000 cases was "not operationally feasible" and could impact the delivery of services to First Nations children and families. It also identified 25,891 are labelled as urgent.

Urgent Jordan's Principle requests are supposed to be processed within 24 hours. But urgent requests are taking up to one month to be reviewed, according to Independent First Nations, an advocacy body representing a dozen First Nations in Ontario and Quebec.

In a January affidavit, the First Nations Child and Family Caring Society said nearly half of requests made by individuals from those First Nations in 2023-24 are still in review, along with 10 per cent of the files submitted in 2022-23.

The delays extend to the reimbursement of service providers, the Caring Society argued, with the Indigenous Services department missing its own promise to make those payments within 15 days. In 2022-23, the department processed only 50.7 per cent of payments within 15 business days, compared to 82.9 per cent in 2021-22.

In an interview Thursday, Cindy Blackstock, who heads the Caring Society, said Canada is making excuses for its noncompliance in its letter to the tribunal, and that it's a mess of its own creation.

"Canada behaved its way into this backlog crisis by not addressing it at an earlier stage and not implementing the many solutions that were put to it to solve the problem," she said.

"And now it's saying, 'Well, we're in this crisis, and so we can't possibly comply with the legal orders that are intended to stop the discrimination.' That cannot be allowed."

In the meantime, children are suffering due to Canada's actions, she said.

The Assembly of Manitoba Chiefs, which represents the 63 First Nations in the province, echoed her concerns, calling it an unsustainable system of paperwork and approval processes.

"This bureaucratic red tape is delaying urgent care for children and creating a situation where First Nations are powerless to make the decisions necessary to protect their own children, youth and families," the organization said in a statement released Wednesday evening.

This has resulted in children missing critical medical appointments, essential education supports and cultural programs, said acting Grand Chief Betsy Kennedy.

"This ongoing confusion and frustration, created by Canada's refusal to engage with First Nations on decision and guidelines, are making it even harder for our children to access the services they are legally entitled to," she added.

Manitoba is ranked third highest in estimated backlogs amongst the provinces, data Indigenous Services Canada provided in its report shows.

There are more than 25,000 requests outstanding. Saskatchewan is the highest with more than 33,000 claims, followed by Ontario with more than 30,000.

The Keewatin Tribal Council has said some of the projects in the 11 communities it represents in northern Manitoba are at a standstill because money has had to be allocated to cover the costs of service requests.

Leaders with the Interlake Reserves Tribal Council, which represents seven Manitoba First Nations, has said it is owed more than $1 million in funding for having to pay out of pocket for Jordan's Principle requests.

Indigenous Services Canada did not immediately respond to a request for comment.

In a letter to the tribunal dated Dec. 9, the Assembly of First Nations asked for a delay in the proceedings until April, saying they're dealing with directions from chiefs they cannot presently implement in a linked case to reforming the child welfare system.

"The resolutions are complex and will require significant consideration by the AFN with respect to their implementation, which includes issues relating to resourcing and staffing," wrote Stuart Wuttke, the AFN's general counsel.

"We would stress that this request is not being undertaken lightly, however, in light of the scope of the resolutions and their potential impacts on AFN governance, resourcing and staffing, including the potential for the appointment of new legal counsel, it is essential that the AFN be provided with sufficient time to clarify its role and mandate in these proceedings moving forward."

The Caring Society, in response, told the tribunal it does not consent to any delays, and questioned why the assembly was asking for postponement when chiefs called for there to be no delays in fixing Jordan's Principle.

It also said the Assembly of First Nations did not tell chiefs of its plans, even though they were all gathered in Ottawa last week discussing child welfare.

   This report by The Canadian Press was first published Dec. 12, 2024.