In a landmark ruling released on January 26, 2016, the Canadian Human Rights Tribunal found that the Canadian government is racially discriminating against 163,000 First Nations children and their families by providing flawed and inequitable child welfare services (“FNCFS Program”) and failing to implement Jordan’s Principle to ensure equitable access to government services available to other children. The Tribunal found that the federal funding formula provides First Nations CFS agencies with fewer resources than their provincial counterparts. Several years ago, federal government officials pegged the shortfall in funding at between 22 percent and 34 percent less than what other children receive. Moreover, the Tribunal found that federal funding formulas and policies create a perverse incentive to place First Nations children in foster care and does not address the cultural needs of children.
A link to the decision may be found here