S1E2: Child and Family Services in First Nations with Professor Naomi Metallic

Spirit Bear Podcast

05-10-2022 • 54 mins

uOttawa students hear from Dr. Naiomi Metallic, Mi'gmaw professor of law at Dalhousie University, as she discusses the social, legal, and political matters of child and family and social services in First Nations communities on reserve, and the role of the law in reconciliation.

Dr. Metallic comes from the Listuguj Mi’gmaw First Nation on the Gaspé Coast of Quebec, and currently holds the Chancellor’s Chair in Aboriginal Law and Policy at the Schulich School of Law at Dalhousie University.

Notes:

2:55: The First Nations Child & Family Caring Society is more commonly referred to as “The Caring Society”

3:27: Building on the interest of First Nations child and family services leaders to create a national networking organization, the First Nations Child and Family Caring Society of Canada (the Caring Society) was developed at the Squamish First Nation in 1998 at a national meeting of First Nations child and family service agencies.

4:00: The Reconciling History initiative seeks to present a balanced and truthful account of historical figures, places, and monuments. You can visit the website for more information: https://fncaringsociety.com/what-you-can-do/ways-make-difference/reconciling-history

4:48: The Touchstones of Hope reconciliation movement dates back to 2005. Learn more here! https://fncaringsociety.com/what-you-can-do/ways-make-difference/touchstones-hope

6:00: The Tribunal has issued twenty-four additional orders since the January 2016 ruling, many of them non-compliance orders against Canada.

6:36: 1.89 million services, products, and supports for First Nations children have been approved via Jordan's Principle since 2016.

7:00: Jordan’s Principle makes sure First Nations children get the supports they need, when they need them. Supports are provided on the basis of substantive equality, best interests of the child, culturally relevant service provision, and account for distinct community circumstances.

10:00: The CHRT ordered Canada to compensate some children and families who experienced denials, delays or disruptions as a result of the government's narrow implementation of Jordan’s Principle.

10:35: As discussed by Dr. Palmater in our last podcast episode, the agreement in principle is non-binding, and a final settlement agreement has yet to be reached. Visit https://fnwitness.ca to learn more.

11:31: Jordan’s Principle does not “evolve”, rather the Tribunal’s orders have served to push Canada toward full implementation in the spirit of Jordan River Anderson’s memory.

21:00: Fiduciary duties refer to a relationship in which one party holds a legal or ethical relationship of trust & benefit with another party.

24:00: Canada’s judicial review of the federal court decision is for the compensation aspect only; the Jordan’s Principle eligibility part of the ruling is not being appealed.

25:00: Negotiations on a Final Agreement continue and will continue for at least the rest of the year.

33:55: The Agreement in Principle (non-binding) commits 20B over 5 years for First Nations child welfare child and family services and the proper implementation of Jordan’s Principle, and 20B for compensation to those harmed by Canada’s discrimination in these areas.

For more information on the Caring Society’s position with regards to the Agreement in Principle and the subsequent proposed Final Settlement Agreement, please read our analysis here: https://fncaringsociety.com/publications/compensation-final-settlement-agreement-information-sheet

48:35: The United Nations Declaration on the Rights of Indigenous Peoples Act came into force in Canada in 2021.

50:00: The federal government has a responsibility for services, not jurisdiction in the governance sense. First Nations, Metis, Inuit are self-determining peoples.

51:23: “Indians and land reserved for Indians” are stated as falling under federal jurisdiction (in terms of provision of services) in the Constitution Act.

53:18: visit the Caring Society website https://fncaringsociety.com

Dr. Metallic comes from the Listuguj Mi’gmaw First Nation on the Gaspé Coast of Quebec, and currently holds the Chancellor’s Chair in Aboriginal Law and Policy at the Schulich School of Law at Dalhousie University.

Produced by Mtama Chatsala, Brodie Corrigan, Grabriell Heaven, Graciella Martinez and Sofia Saeed Zaman.

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