First Nations Child & Family Caring Society of Canada · Sophie Marchildon, Réjean Bélanger and...

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www.fncaringsociety.com Updates on First Nations Child Welfare Case and the Canadian Human Rights Tribunal TWO new rulings were released from the Canadian Human Rights Tribunal (CHRT). One of the rulings has to do with the appeal by the Aboriginal Peoples Television Network (APTN) to broadcast the Tribunal. In March 2011, the APTN appeared in Federal Court to appeal a decision by Chair Shirish Chotalia in 2009 which refused the application made by APTN to broadcast Tribunal hearings as the Government of Canada did not want its witnesses filmed. The APTN’s Federal Court appeal was supported by the Caring Society and Assembly of First Nations and opposed by the Government of Canada. The Federal Court over-ruled the Tribunal’s decision and returned the matter back to the Tribunal for re-determination in line with the Federal Court ruling. On Friday August 24, 2012, the CHRT ruled that it will allow the proceedings to be broadcasted, which means that First Nations communities across Canada will now be able to watch the case. The other ruling dismissed Canada’s motion to dismiss the case using the argument of jurisdiction and having no comparator for the case. The Government of Canada has tried twice in Federal Court to get the case dismissed on a jurisdictional motion but was unsuccessful. In June 2010, Canada brought a motion to dismiss the case on the same grounds (service and comparator) before Chair Shirish Chotalia at the Tribunal and in March 2011, she granted their motion to dismiss on the comparator issue. The Caring Society, AFN and the Canadian Human Rights Commission appealed Chair Chotalia’s decision to Federal Court and on April 18, 2012 the Federal Court overturned Chair Chotalia’s decision. The matter was returned back to the Tribunal for re-determination in line with the Federal Court Ruling. On August 23rd, 2012, the Canadian Human Rights Tribunal formally dismissed Canada’s jurisdictional motion clearing the way for the full hearing on the merits. A hearing on preliminary motions will be held from 9am-5pm EST on September 25 and 26, 2012 at the Canadian Human Rights Tribunal at 160 Elgin Street, 11th floor, Ottawa, Ontario. A three person panel, including Sophie Marchildon, Réjean Bélanger and Edward P. Lustig, has been appointed to the Tribunal for this case. Find out more at www. fnwitness.ca. We invite you to come and stand for culturally based equity for kids and witness history in the making! On behalf of the Caring Society, Cindy Blackstock attended and gave a presentation at Amnesty International’s Annual General Meeting in June 2012. We wish to say a big ‘thank you’ to Amnesty International for raising over $4000 for the Caring Society! United Nations Committee on the Rights of the Child In February 2012, six First Nations youth were a part of the Caring Society delegation at the United Nations Committee on the Rights of the Child (UNCRC) pre-session, held in Geneva, Switzerland. John-Paul Chalykoff, Chelsea Edwards, Helen Knott, Madelynn Slade, Collin Starblanket, and Kendall White were the first Canadian Indigenous youth to speak with the UNCRC. The purpose of the UNCRC pre- session is for the UN to learn about issues affecting all children in Canada and to hear recommendations by leading organizations working for and with children and youth. The six First Nations youth ambassadors used their personal experiences to tell the UN about issues affecting First Nations children ... continued on pg. 2 Child & Family First Nations Caring Society of Canada Fall 2012

Transcript of First Nations Child & Family Caring Society of Canada · Sophie Marchildon, Réjean Bélanger and...

www.fncaringsociety.com

Updates on First Nations Child Welfare Case and the Canadian Human Rights Tribunal TWO new rulings were released

from the Canadian Human Rights Tribunal (CHRT). One of the rulings has to do with the appeal by the Aboriginal Peoples Television Network (APTN) to broadcast the Tribunal. In March 2011, the APTN appeared in Federal Court to appeal a decision by Chair Shirish Chotalia in 2009 which refused the application made by APTN to broadcast Tribunal hearings as the Government of Canada did not want its witnesses filmed. The APTN’s Federal Court appeal was supported by the Caring Society and Assembly of First Nations and opposed by the Government of Canada. The Federal Court over-ruled the Tribunal’s decision and returned the matter back to the Tribunal for re-determination in line with the Federal Court ruling. On Friday August 24, 2012, the CHRT ruled that it will allow the proceedings to be broadcasted, which means that First Nations communities across Canada will now be able to watch the case. The other ruling dismissed Canada’s motion to dismiss the case using the argument of jurisdiction and having no comparator for the case. The Government of Canada has tried twice in Federal Court to get the case dismissed on a jurisdictional motion but was unsuccessful. In June 2010, Canada brought a motion to dismiss the case on the same grounds (service and comparator) before Chair Shirish Chotalia at the Tribunal and in March 2011, she granted their motion to dismiss on the comparator issue. The Caring Society, AFN and the Canadian Human

Rights Commission appealed Chair Chotalia’s decision to Federal Court and on April 18, 2012 the Federal Court overturned Chair Chotalia’s decision. The matter was returned back to the Tribunal for re-determination in line with the Federal Court Ruling. On August 23rd, 2012, the Canadian Human Rights Tribunal formally dismissed Canada’s jurisdictional motion clearing the way for the full hearing on the merits. A hearing on preliminary motions will be held from 9am-5pm EST on September 25 and 26, 2012 at the Canadian Human Rights Tribunal at 160 Elgin Street, 11th floor, Ottawa, Ontario. A three person panel, including Sophie Marchildon, Réjean Bélanger and Edward P. Lustig, has been appointed to the Tribunal for this case. Find out more at www.fnwitness.ca. We invite you to come and stand for culturally based equity for kids and witness history in the making!

On behalf of the Caring Society, Cindy

Blackstock attended and gave a presentation at

Amnesty International’s Annual General Meeting

in June 2012. We wish to say a big ‘thank you’

to Amnesty International for raising over $4000 for the Caring Society!

United Nations Committee on the Rights of the Child

In February 2012, six First Nations youth were a part of the Caring Society delegation at the United Nations Committee on the Rights of the Child (UNCRC) pre-session, held in Geneva, Switzerland. John-Paul Chalykoff, Chelsea Edwards, Helen Knott, Madelynn Slade, Collin Starblanket, and Kendall White were the first Canadian Indigenous youth to speak with the UNCRC. The purpose of the UNCRC pre-

session is for the UN to learn about issues affecting all children in Canada and to hear recommendations by leading organizations working for and with children and youth. The six First Nations youth ambassadors used their personal experiences to tell the UN about issues affecting First Nations children

... continued on pg. 2

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Child & FamilyFirst Nations

Caring Societyof Canada

Fall 2012

Touchstones of Hope UpdatesIn May 2012, Dr. Michael Saini and Ashley Quinn, PhD candidate, from the University of Toronto released the evaluation report, Touchstones of Hope: Participatory Action Research to Explore Experiences of First Nation Communities in Northern British Columbia. It outlines results from the recorded community sessions from a reconciliation process guided by Touchstones of Hope principles between First Nations child and family service agencies, First Nations community members and the Ministry of Children and Family Development. The rich discussions in the community sessions were recorded as a part of Participatory Action Research (PAR), an approach that involves all participants in research and also respects Indigenous people’s rights to guiding and conducting research. The report includes themes that emerged from the discussions around each of the Touchstones principles – culture and language, structural interventions, holistic approach, self-determination, and non discrimination. It also outlines how the themes relate to existing research about First Nations children and communities and provides recommendations in moving forth to promote better outcomes for First Nations children as well as moving forward with the Touchstones of Hope. As a follow up to the evaluation, there will be a webinar presentation for all of those who participated in the community sessions. It will be given by Dr. Michael Saini and Ashley Quinn, PhD candidate, this coming fall to discuss results of the evaluation and receive feedback. The report and other information about the BC Touchstones of Hope initiative are available at www.bctouchstones.ca. In other Touchstones of Hope news, the Caring Society will be releasing the 2012 version of the Touchstones of Hope Tool Kit this fall which includes additional resources. The Tool Kit is a step by step guide for those individuals wanting to engage in or continue a Touchstones of Hope reconciliation process. Contact Andrea Auger at [email protected] for more information.

Our names are Julia and Emma Mogus and we are teen sisters on a mission to improve literacy skills amongst First Nation children and teens in the Nishnawbe Aski Nation Communities. We are on a mission to help our fellow brothers and sisters to the north. We will ship thousands and thousands of books because every child and teen deserves access to an ENORMOUS supply of booksWe have purchased hundreds and hundreds of books with our own money over the past year and we have recently collected over 2000 LIKE NEW books in our communities. We are passionate about reading and we were inspired by the efforts of our former Ontario Lieutenant Governor, the Honourable James Bartleman, who said ‘his ticket out of poverty was reading’. Every child deserves access to the same tools we have for learning. No child deserves to be 3 to 4 years behind in reading... no child deserves to have less!When we met with the Regional Chief Stan Beardy, he told, “us they don’t need a little bit of books... they need a LOT of books!” Together Emma and I will continue to work very hard to bring our fellow brothers and sisters to the north an ENORMOUS supply of books ... and we won’t stop! We are teen sisters on a mission and we care!

Your friends, Julia and Emma Mogus, Founders of Books With No Bounds, Oakville Ontario

and youth in Canada including the funding inequities in child welfare, education and health, and the importance of culture and language. Following the pre-session, the UNCRC reviewed the spoken submissions at the pre-session and alternate reports submitted by the non-profit organizations. The Caring Society submitted one of their own reports: Jordan & Shannen: First Nations children demand that the Canadian Government stop racially discriminating against them and contributed to two joint alternate reports: (1) Our Dreams Matter Too, submitted by the Office of the Provincial Advocate for Children and Youth and the Caring Society, a report written by First Nations children and youth about equity in First Nations education and (2) Honouring the Children, submitted by KAIROS and the Caring Society, which describes inequities and ways that First Nations are providing to enact change in child welfare (I am a Witness), health (Jordan’s Principle) and education (Shannen’s Dream). These reports are available at http://www.crin.org/resources/find.asp?country=39&categoryID=Any6 and on the Caring Society website. From the alternate reports and the spoken submissions, the UN created a List of Issues to bring to Canada’s attention during their review. Now, months later, Canada will be reviewed during the 61st session at the UNCRC on September 26th and 27th where they will answer questions from the UNCRC about its current treatment of First Nations children and all Canadian children and youth. The review will take place on September 26th from 9am to 12pm EST and on September 27th from 4am to 7am and 9am to 12pm EST and it will be available to watch live at http://www.treatybodywebcast.org/. For those who are unable to watch the live broadcast, Concluding Observations by the UNCRC will also be posted on this website when they are released: http://www2.ohchr.org/english/bodies/crc/crcs61.htm.

United Nations Committee on the Rights of the Child ... continued from pg. 1

Books With No Bounds (www.bookswithoutbounds.ca)

www.facebook.com/bookswithnobounds(please like our page to show support)

www.twitter.com/[email protected]

(please write to us)

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had to be given at least 4 years worth of medical supplies but the boy sadly passed away and the supplies were wasted since they could not be returned. Will and Harrison both said how this reminded them of Jordan’s Principle and how unfair it was that a First Nations child living on reserve would not have the same standard of care. Harrison and Will both said that even though their reach may not have been as wide as they would have liked, their experiences still had a positive impact in raising awareness with their families, friends and those people they met along the way.This fall, Harrison will be starting a Masters in Economics. He said that this experience has had an influence on him and has left a “considerable mark” on how he sees the country. Will is starting law school and hopes to get involved in programs for those who do not have the same opportunities to succeed, including First Nations peoples. He also wants to stay involved personally. The Caring Society sends a heartfelt ‘thank you’ to Will and Harrison for their dedication and passion

in helping First Nations children and youth!

“Why are you doing this, why should we care”? This question was asked from individuals across the country as Will

Samson-Doel and Harrison Jones cycled across the country to raise awareness and donations for the First Nations Child and Family Caring Society. The two young men are in their 20s and wanted to make a difference and help First Nations children to have safe and comfy schools, grow up safely with their families, to celebrate their cultures and languages and be proud of who they are. They met with me in Ottawa on August 24, 2012 to talk about their 86 day, 8,100 km cycling trip across Canada where they surpassed their fundraising goal of over $20,000!At the end of February, Will visited us to learn more about the Caring Society and the work that we do. He and Harrison, both having little to no cycling experience, decided to dedicate their free summer before going into post graduates programs to raise awareness of the inequitable funding and services for First Nations children living on reserves and what First Nations are doing to help: Shannen’s Dream, Jordan’s Principle and the I am a Witness campaign. Harrison and Will wanted to raise money and awareness for a nation-wide cause that everyone could relate to. It was an opportunity, and a challenge, for them to de-mystify some of the stereotypes about First Nations peoples and to provide resources through the Caring Society website. They created business cards, a Canada Helps Giving page “Will and Harrison Bike Across Canada” (http://www.canadahelps.org/GivingPages/GivingPage.aspx?gpID=17127), a blog (willandharrybikecanada.blogspot.ca) and a Twitter feed (@WsdHjBikeCanada).On May 1, 2012 Harrison and Will left with their gear from Toronto and headed east to St. John’s Newfoundland where they flew to Vancouver, British Columbia to bike back east, ending their journey in Aurora, Ontario. For 86 days, Will and Harrison mainly camped along the roadside or wherever they could find a place to set up their tent. They took one day off a week to regain their energies. Several individuals interviewed them for local newspapers and radio stations, including a man from Maclean’s magazine who wrote about them in his blog. I asked Will and Harrison if there were any moments that really stuck with them. Aside from the breathtaking scenery from Jasper to Banff, they were in awe of the kindness of strangers throughout the journey. They also shared a story from a non-Aboriginal lady in BC. Her son had been terminally ill so the government let him go home to be with his family. Under one of the government policies, it stated that children

WILL and HARRISON's Cycling Adventure

by Andrea Auger

Photo copyright Mike Elliott

The First NationsChild and Family Caring Society of Canada

Cordially invites all to attend our 9th Annual General Meeting in Winnipeg

Thursday, October 25th, 2012Canad Inns Casino Regent Hotel

1415 Regent Avenue West, Winnipeg, Manitoba

Annual General meeting 10:00am - 11:30amCoffee, Tea, and Muffins will be available

Please RSVP by Friday, October 19th, 2012to Tammy Morgan at [email protected] or call

1-613-230-5885

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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 fol-lowing 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:

www.fncaringsociety.com

309 Cooper Street, Suite 401 Ottawa ON K2P 0G5ph: 613.230.5885fax: [email protected]

CALL FOR ABSTRACTSDeadline: November 1, 2012Submit your abstract for the 5th International Meeting on Indigenous Child Health. Submissions are welcome from anyone working with Indigenous populations, on any topic related to Indigenous child and youth health.To submit your abstract or for more information about this conference, please visit www.cps.ca/en/imich or www.aap.org/nach.

If you find yourself in Winnipeg, please consider attending the Manitoba First Nation Child Welfare Gala Committee’s fundraising event in support of the First

Nations Child & Family Caring Society of Canada

Registration at 4:00 pmEntertainment & Dinner

from 6:00 - 10:00 pm$75.00 per person

ARTWORK • ENTERTAINMENT • LIVE AUCTION • LIVE PAINTING

• SILENT AUCTION • PRIZES AND MORE!

Visit www.fncaringsociety.com/2012gala

GAL AThursday, OCTOBER 25TH, 2012

CANAD INNS CLUB REGENT CASINO HOTEL1415 Regent Avenue West, Winnipeg, Manitoba

5th Annual C hi ld Welfare

Upcoming Conferences ...

Gapminder.org: Data and tools for a “fact-based world view”Gapminder is a project that provides free access to data and statistical tools for global studies in a wide range of fields. The website serves as a hub for international statistics on health, income, population growth, environment, education and more. Gapminder also provides a range of tools aimed at helping teachers facilitate learning about social and economic issues in temporal contexts through visually exciting handouts, lesson plans, videos, and presentations. Professor Hans Rosling, co-founder of Gapminder, has been vocal in recent years about how to make comparative statistics beautiful, relevant, and more easily understood than tradition graphs, tables, and charts. Watch his videos and get inspired by visiting http://www.gapminder.org/videos.