Call us at: 1 (250) 480-4040
  • Home
  • Our Firm
  • Criminal Law
    • Top Ten Mistakes
    • Assault FAQ
    • Criminal Appeals FAQ
    • Criminal Law FAQ
    • Driving While Prohibited FAQ
    • Drug Offences FAQ
    • Homicide
    • Impaired Driving FAQ
    • Sexual Assault
    • Spousal Assault
    • Theft & Fraud
    • Vehicle Impoundment FAQ
  • Computer Forensics
    • Computer Forensics Concepts
    • Computer Forensics Overview
    • Legal Issues
    • Our Forensics Training
    • Our Services
  • Legal News
  • Contact Us
  • Menu Menu

Human Rights Tribunal – First Nations Children

January 28, 2016/in Legal News /by mtp_admin

hi-aboriginal-students-852Victoria Lawyer Michael Mulligan on CFAX 1070 – Legally Speaking – discussing the Canadian Human Rights Tribunal decision that the federal government discriminated on the basis of race and or national or ethnic origin by providing inadequate child and family services to First Nations children living on reserve.

First Nations children living on reserve face significant challenges. There are approximately three times the number of First Nations children in government care now than there were at the height of residential school in the 1940s. Aboriginal children are more than twice as likely to be placed in out of home care than other children.

In this context First Nations child and family services agencies are inadequately funded in almost every area of operations.

One of the unfortunate manifestations of the formula used to determine funding for child and family services on reserve is that while funding for services designed to assist families care for children are fixed and inadequate, once a child is apprehended this is not the case.

This formula provides an incentive to remove children form their homes as a first rather than last resort. In some cases, parents are asked to give up their children in order to permit medical or other assistance to be funded. This is contrary to the accepted social work approach that involves applying the least disruptive measures that are in the best interest of the child.

The Human Rights Tribunal process was delayed repeatedly by the previous federal government as a result of late disclosure of tens of thousands of documents, on more than one occasion, and as a result of judicial reviews and appeals challenging the jurisdiction of the tribunal.

The new Indigenous Affairs Minister, Carolyn Bennett, indicated that she agreed with the tribunal decision and said “My job is to go forward and fix these things.”

Discussion on Legally Speaking:

https://mtplaw.com/wp-content/uploads/2016/01/Mulligan-CFAX-Human-Rights-Tribunal-First-Nations-Children.mp3

A copy of the decision by the Canadian Human Rights Tribunal: Human Rights Tribunal Decision

Michael Mulligan headshot black suitMichael Mulligan is a lawyer at Mulligan Tam Pearson in Victoria. Legally Speaking is live on CFAX 1070 Thursdays at 11:00am.

Share this entry
  • Share on Facebook
  • Share on X
  • Share by Mail
https://mtplaw.com/wp-content/uploads/2020/04/mtplaw-logo.svg 0 0 mtp_admin https://mtplaw.com/wp-content/uploads/2020/04/mtplaw-logo.svg mtp_admin2016-01-28 21:26:012024-04-11 10:26:45Human Rights Tribunal – First Nations Children

Contact Us

Robert A. Mulligan, K.C.
Michael T. Mulligan
Professional Experience

24 Hour Immediate Confidential Help

#105 – 777 Blanshard Street
Victoria, BC, Canada  V8W 2G9
P  250-480-4040
F  250-480-0004
TF 1-800-664-2785

Subscribe to the Legally Speaking podcast

Get in Touch

#105 – 777 Blanshard St.,
Victoria BC, V8W 2G9.

  • Ph 1 (250) 480-4040
  • Fx 1 (250) 480-0004
  • Tf 1 (800) 664-2785

Mulligan Defence Lawyers

  • Criminal Law
  • Computer Forensics

Our Lawyers

  • Robert A. Mulligan, K.C.
  • Michael T. Mulligan
  • Link to Facebook

© Copyright 2020 Mulligan Defence Lawyers

Link to: Legal Fees for BC Government Employees Link to: Legal Fees for BC Government Employees Legal Fees for BC Government Employees Link to: Legally Speaking – Court Camping Sheriff Shortage and Ghomeshi Link to: Legally Speaking – Court Camping Sheriff Shortage and Ghomeshi Legally Speaking – Court Camping Sheriff Shortage and Ghomeshi
Scroll to top