Mi'kmaw mother could lose custody of 3 disabled children after feds threaten to cut funding

A Mi'kmaw mother in Nova Scotia, who was once a child in care, fears she could lose custody of her three children with disabilities because the federal government doesn't want to pay for their essential services anymore.

Mary Isaac, a single mom living in Antigonish, N.S., was informed by Indigenous Services Canada (ISC) that she would be cut off of federal funding on Thursday for her children's 24-hour in-home support and transportation services.

"I feel at a loss," Isaac told CBC News as the deadline approached. 

"The whole process is, like, absolutely retraumatizing…. It's not like I'm a neglectful parent."

Isaac's children are 4, 10 and 11. They have high needs with diagnoses such as fetal alcohol syndrome, autism and attention deficit hyperactivity disorder.

Her children began receiving around-the-clock services in September 2022 after Isaac was hit by a truck at an intersection while crossing the road in her wheelchair, according to Federal Court filings. 

Isaac has used a wheelchair for most of her life because she has cerebral palsy, but she used to be able to crawl up and down her home's stairwell to tuck her kids into bed until the collision. 

"My mobility has changed because of this unforeseen accident," Isaac said. "I want to do everything to ensure that my children's needs are met."

Indigenous Services Canada temporarily extends services

After hiring a lawyer and inquires made by CBC News, Isaac was informed by the department late Thursday that it will be extending supports for three more weeks, as she fights the decision to discontinue services. 

Isaac was able to access services through a federal program known as Jordan's Principle. The department's intent to discontinue her family's funding is now raising serious concerns about how ISC implements the policy, which is supposed to ensure the needs of First Nations children come first no matter the cost or which government pays for it. 

"Rather than the governments getting together and coming up with a plan ... they've said to Mary: 'You need to figure it out,'" said David Taylor, a lawyer representing Isaac from Conway Litigation in Ottawa.

Taylor said he believes ISC contacted child welfare services in Nova Scotia to make them aware of Isaac's situation because they got in touch directly after the department informed the family it wants to end services.

Isaac fears that means she'll lose custody of her children. When she was 10 years old, she was taken away from the Potlotek First Nation and placed in foster care. Taylor is appealing ISC's decision and asking the Federal Court to intervene so history doesn't repeat itself. 

Taylor said ISC doesn't want to continue funding supports to Isaac's children because it believes this is a matter of provincial social assistance; however, Isaac has not been able to find an alternative solution with the Nova Scotia government, and she's on multiple wait lists for an accessible home. 

CBC News asked Indigenous Services Minister Patty Hajdu for a response, but she said she needed more details.  

"I'd like a bit more time to understand," Hajdu said. 

In a statement sent to CBC News, ISC said it can't provide information about specific requests. It added requests for services are reviewed on a case-by-case basis to support the distinct needs of each child. 

'Double breach of Canada's obligations'

Cindy Blackstock, executive director of the First Nations Child and Family Caring Society of Canada, said the discontinuation of services for Isaac's children would go against the Canadian Human Rights Act. 

"The case that we're dealing with legally requires Canada to not discriminate on the basis of race and national and ethnic origin," Blackstock said.

"They're also required by law to make accommodations for persons with disabilities, and so this is a double breach of Canada's obligations."

The federal NDP critic of Indigenous affairs says Isaac's case also raises serious questions about the federal government's commitment to keeping Indigenous children with their families. 

"Through her courage, she's helping to show that this Liberal government is not meeting its mandate," Nunavut NDP MP Lori Idlout said.

Since 2016, Ottawa has set aside $8.1 billion to meet the health, social and education needs of First Nations children through Jordan's Principle, according to ISC. The department also says more than 7.8 million products and services have been approved under the program during that time.

Isaac said she never thought the funding her family received through Jordan's Principle would be pulled without any replacement services while she's still recovering from her injuries.

She said she feels abandoned by all levels of government, and fears it's just a matter of time before child protective services will knock at her door. 

"Jordan's Principle really needs to be focused on children's needs instead of how much something costs," Isaac said. 

"What am I supposed to do when nothing else is available? I thought that Jordan's Principle had an obligation to First Nations children to fill that gap."