The First Nations Caring Society, the Assembly of First Nations, and Amnesty International filed a human rights complaint alleging discrimination by the federal government because the funding provided for child welfare services on reserve is much less than is provided by provinces for First Nations children living off reserve.
The Canadian Human Rights Tribunal held that there was no discrimination because there was no other group which received funding for child welfare services from the federal government, and therefore no one to compare the federal funding policies to, and therefore no discrimination! On that basis, the tribunal dismissed the complaint without even hearing evidence.
The Federal Court said that the Tribunal made a mistake in dismissing the application at that stage and sent the case back to be heard by a different panel of the tribunal. Stay tuned for the decision of that panel.
For the complete decision: Canadian Human Rights Commission v Canada
http://www.canlii.org/eliisa/highlight.do?text=first+nations+caring+society&language=en&searchTitle=Search+all+CanLII+Databases&path=/en/ca/fct/doc/2012/2012fc445/2012fc445.html
The Canadian Human Rights Tribunal held that there was no discrimination because there was no other group which received funding for child welfare services from the federal government, and therefore no one to compare the federal funding policies to, and therefore no discrimination! On that basis, the tribunal dismissed the complaint without even hearing evidence.
The Federal Court said that the Tribunal made a mistake in dismissing the application at that stage and sent the case back to be heard by a different panel of the tribunal. Stay tuned for the decision of that panel.
For the complete decision: Canadian Human Rights Commission v Canada
http://www.canlii.org/eliisa/highlight.do?text=first+nations+caring+society&language=en&searchTitle=Search+all+CanLII+Databases&path=/en/ca/fct/doc/2012/2012fc445/2012fc445.html
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