Province, Saskatoon Tribal Council in court over child welfare dispute
Chief Felix Thomas says province can get files 'without acting like a bully'
There's big interest at the courthouse today over the child welfare dispute between the provincial government and the Saskatoon Tribal Council.
More than 100 people were at the Queen's Bench courthouse in Regina Tuesday morning to observe proceedings.
The safety of our kids is impeccable and second to none and it will continue to be that way.- Saskatoon Tribal Council Chief Felix Thomas
"We have a sovereign right to look after our children and be responsible for our children," tribal council Chief Felix Thomas told reporters outside court.
The province has moved to strip the tribal council of its jurisdiction over child welfare in its seven member communities.
The Social Services Ministry said the issue is the tribal council's refusal to hand over child welfare files.
The tribal council, in turn, has filed for an interim injunction against the province.
"The kids are safe and we know where they are," Chief Felix Thomas said outside the courtroom. "I challenge the ministry to tell us where 67 of their kids, or more than 100 in Saskatoon that are roaming the streets, that are runaways in Saskatoon. Do they know where their kids are?"
Thomas said information can be shared, but the province must proceed in a respectful manner "without acting like a bully."
During the hearing, a government lawyer told the court Saskatchewan needs documents in order to carry out its legal mandate, but as things stand right now it has no idea who the children in care are and what care they are getting.
"The safety of our kids is impeccable and second to none and it will continue to be that way," Chief Thomas said. "Our chiefs have taken that responsibility. They've never abdicated that responsibility and they never will."
Everybody wants a negotiated resolution and there's no interest in permanently replacing the agency, the government lawyer said.
The two sides were expected to make arguments before a judge throughout the day.
CBC's Adam Hunter tweeted the court proceedings:
Crown application done. Describes govt & STC agency history "tortured". Minister responsible for welfare of all children. <a href=" https://twitter.com/hashtag/skpoli?src=hash">#skpoli</a>
—@AHiddyCBCCrown: "Sask. needs documents in order to carry out its mandate under<br>the CFSA. Without documents Sask. cannot carry out its mandate."
—@AHiddyCBCCrown: "Sask. needs documents in order to carry out its mandate under<br>the CFSA. Without documents Sask. cannot carry out its mandate."
—@AHiddyCBCCrown: it has no idea who the kids in care are and what care they are getting. Says zero information sharing in 20 years since agreement.
—@AHiddyCBCCrown: If the government continued on current course it would be subordinate to a agency creating irreparable harm. <a href=" https://twitter.com/hashtag/skpoli?src=hash">#skpoli</a>
—@AHiddyCBCCrown: everybody wants negotiated resolution. No interest in permanently replacing the agency. Min. cares for 34 children on STCFN. <a href=" https://twitter.com/hashtag/skpoli?src=hash">#skpoli</a>
—@AHiddyCBCSTC lawyer: Info shared for case transfer/auditing purposes but that info won't be shared by STC simply because it is seen as subordinate.
—@AHiddyCBCSTC: Says it has 50-50 not subordinate relationship w/ govt not the subordinate. Says it's bound by '90 FSIN Child & Family Welfare Act.
—@AHiddyCBCSTC: Not about protection of children or information sharing but subjugation of STC. No reason for this to happen now and not in the past.
—@AHiddyCBC"The orders being sought are not necessary to protect children. They are already being protected." Josephine de Whytll lawyer for STC.
—@AHiddyCBCJustice Schwann has reserved her decision. More to come on <a href=" https://t.co/htLEgTP4T6">https://t.co/htLEgTP4T6</a>
—@AHiddyCBC