The First Nations Child and Family Caring Society and several other bodies challenged as discriminatory the funding of child welfare services for First Nations children on reserve, which was reported to be significantly less than the funding for child welfare services for other children in Canada. CCLA was granted leave to appeal at the Federal Court of Appeal on the legal question of how “discrimination” should be defined and proven. CCLA is arguing for fair access to the human rights system. Such access should be responsive to discrimination, and allow for different kinds of proof of discrimination, in a manner that is not too burdensome for the complainant. It will still be open to the respondent to provide reasonable justification for distinctions they have made.
For more information about the case, including a timeline, legal documents, and relevant reports, click here for the “I Am a Witness” page of the First Nations Child & Family Caring Society of Canada.
To read CCLA’s factum at the Federal Court of Appeal, click here.