[Indigsol] FNCFCS to appeal Canadian Human Rights Tribunal Decision

[Indigenous Peoples' Solidarity Movement -Ottawa]

Source:http://bit.ly/g535ww

Canadian Human Rights Tribunal Dismisses the Complaint on legal
technicality - Caring Society appealing

News Release:

First Nations Child and Family Caring Society of Canada to appeal Canadian
Human Rights Tribunal Decision to dismiss discrimination claim for First
Nations Children on a legal loophole

OTTAWA, March 14 /CNW/ - The First Nations Child and Family Caring Society
of Canada is deeply concerned with the ruling today from Shirish Chotalia,
Chair of the Canadian Human Rights Tribunal, to dismiss the complaint
filed by the First Nations Child and Family Caring Society of Canada and
the Assembly of First Nations in 2007 alleging that the Federal Government
is racially discriminating against First Nations children by providing
less child welfare benefit on reserve. Chair Chotalia dismissed the case
on a preliminary motion brought by the Federal Government even though the
Federal Government had tried, and failed, to get the case dismissed on
similar grounds in Federal Court on two previous occasions. Chair Shirish
Chotalia did not address the overwhelming evidence of the inequity and
harm experienced by First Nations children on reserves even though she was
in possession of numerous reports confirming the problems such as the
Auditor General of Canada (2008), the Standing Committee on Public
Accounts (2009) and internal documents from the Department of Indian and
Northern Affairs Canada. Instead, Chair Shirish Chotalia dismissed the
case on a legal technicality suggesting that the Federal Government can
provide a different, and inequitable, level of service to First Nations
children so long as the Provinces/Territories provide the service to all
other children. In issuing this ruling, Chair Shirish Chotalia, in effect
legalized racial discrimination against vulnerable children on reserve by
the Federal Government.

The First Nations Child and Family Caring Society of Canada will
immediately appeal Chair Shirish Chotalia's decision to Federal Court.
This case is being followed by over 7200 Canadians and organizations
making it the most formally watched court case in Canadian history. Cindy
Blackstock, Executive Director of the First Nations Child and Family
Caring Society of Canada, says that "the Government of Canada should not
be immune from human rights laws and obligations to First Nations children
because of a legal technicality and we will take all necessary measures to
ensure that this case is decided in a public forum on the full set of
facts - the children deserve nothing less." The appeal will be filed in
Federal Court in the next 30 days.


Read the ruling: http://bit.ly/i531IB

~~

IPSMO's note: If you have not yet signed up as witnesses on the "I Am a
Witness" website http://www.fncfcs.com/fnwitness, please do and join over
7200 Canadians and organizations to follow the most formally watched court
case in Canadian history.

Thank you.

-- 
In Solidarity,
IPSMO
on unceded Algonquin Territory
--

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