Canada blocks First Nations leaders in B.C. from Jordan's Principle consultations

The federal government is blocking First Nations leaders in British Columbia from participating in consultations to address the badly backlogged Jordan's Principle children's program, CBC Indigenous has learned.

The move came shortly before Prime Minister Justin Trudeau appeared at the Assembly of First Nations (AFN) chiefs' meeting in Ottawa last week, where he touted his past pledge to find "a new way of working together" that includes "welcoming you to be part of the conversations."

However, federal lawyers had just withheld consent for the B.C.-based First Nations Leadership Council to take part in the Canadian Human Rights Tribunal-ordered talks, citing what the government called "practical reasons" — prompting some leaders to condemn the disconnect. 

"It was disappointing to say the least, but Canada doesn't surprise us anymore, especially when it comes to continued discrimination against our kids," said Cheryl Casimer, chief of ʔaq'am, a Ktunaxa community about 500 kilometres east of Vancouver, and a political executive with the First Nations Summit.

Casimer is a member of the First Nations Leadership Council, which comprises the political executives of the First Nations Summit, B.C. AFN and Union of B.C. Indian Chiefs, who brought her concerns to the meeting after the prime minister left. The delegates then amended a resolution to demand Canada retract its opposition.

"Here in B.C., the Jordan's Principle backlog is approximately 2,000 unanswered requests. That's 2,000 children that are not having their immediate needs met, and so that's really concerning," she said in an interview.

This disconnect between what politicians say and what lawyers do is something First Nations have seen before, said Cindy Blackstock, executive director of the First Nations Child and Family Caring Society, a co-complainant in the case at the human rights tribunal since 2007.

"I welcome the words of the prime minister that he was willing to come back to the table and negotiate," she said in an interview.

"But they clearly need to direct the Department of Justice to come into alignment with what the prime minister is saying."

Complaint upheld in 2016

The tribunal is a court-like panel that adjudicates discrimination complaints.

On Nov. 21, it ordered Canada to address the backlog immediately, noting some of the log-jammed requests "may very well be urgent."

The panel previously ruled in 2016 that Canada racially discriminated against First Nations children by chronically underfunding on-reserve child and family services and failing to abide by Jordan's Principle.

The principle aims to ensure all First Nations children can access the products, services and supports they need when they need them, with questions about which jurisdiction pays worked out afterward. 

But the program is beset by several thousand unopened applications causing long delays, with some First Nations paying out of pocket while hoping for reimbursement later.

The First Nations Leadership Council joined the complaint only recently, and the tribunal said in its decision letter that the council could only participate with consent from the other parties.

Indigenous Services Canada (ISC) said it withheld consent due to the tribunal-ordered timeline, which required Canada to come up with a detailed plan to address the backlog by this week.

"We are trying to set the process up for the most amount of success, given the deadlines imposed by the CHRT," wrote ISC Minister Patty Hajdu's press secretary Jennifer Kozelj.

Ottawa recently offered to settle the child and family services component of the complaint for $47.8 billion over 10 years to reform the program. Chiefs rejected the deal in October in part because it had been negotiated without broad regional representation.

Casimer and Blackstock agreed it would seem to be in Canada's interest to include perspectives from across the country if the plan is to succeed.

AFN seeks extension

The AFN said it would support the B.C. council's participation but Canada's position renders the issue moot. For its part, the AFN wants the tribunal to extend all timelines until March 31, 2025.

In a Dec. 9 letter to the tribunal obtained by CBC News, the assembly cited chiefs' resolutions passed in October and December, which call for a major reorganization of the First Nations negotiating side, as reason for the requested delay.

"As said resolutions call for the creation of an entirely new entity, with a new negotiation and new legal team, the AFN is currently not in a position to move forward on this matter," wrote AFN general counsel Stuart Wuttke.

Blackstock expressed concern at the assembly's request, saying mediation must start at once "because children's lives are literally on the line." She urged Canada not to drag its feet either.

"There's no excuse for any delays, and Canada is the offender in this situation," she said.

"It is the one that's breaching the orders and it should not be given any latitude to dictate the terms."

Indigenous Services Canada said it proposes to include just the main parties to these specific motions, namely the Caring Society, the AFN, Chiefs of Ontario, Nishnawbe Aski Nation and the Canadian Human Rights Commission.

This process is limited to seeking interim solutions to address the backlogs and other aspects of Jordan's Principle, not its long-term reform overall, wrote department spokesperson Pascal Laplante.

Wuttke's letter said the AFN understands time is critical in this matter and expects Canada will continue to take all interim measures necessary to address the issues.