19.08.2015 Views

Honouring the Truth Reconciling for the Future

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The legacy • 191Call to Action:3) We call upon all levels of government to fully implement Jordan’s Principle.Improving outcomes <strong>for</strong> childrenAlthough <strong>the</strong>re is now considerable Aboriginal control of child-welfare services,Aboriginal agencies still struggle <strong>for</strong> adequate funding. There is a need <strong>for</strong> more fundingand research into preventive services that can support Aboriginal families. At <strong>the</strong>same time, many of <strong>the</strong> conditions that result in disproportionate Aboriginal involvementin <strong>the</strong> child-welfare system are related to more intractable legacies of residentialschools, including poverty, addictions, and domestic and sexual violence. Webelieve that in order to redress <strong>the</strong> legacy of residential schools and to move towardsmore respectful and healthy relationships, <strong>the</strong> Government of Canada, in meaningfulconsultation with First Nations, Inuit, and Métis communities, must recognize andaddress <strong>the</strong> broader context of <strong>the</strong> child-welfare crisis. This includes matters of childpoverty, housing, water, sanitation, food security, family violence, addictions, andeducational inequities. Effective child-welfare re<strong>for</strong>m will require both measureabletargets and timelines <strong>for</strong> reducing <strong>the</strong> numbers and proportion of Aboriginal childrenin care, greater consistency in <strong>the</strong> system’s regulatory framework, and <strong>the</strong> acknowledgementof <strong>the</strong> central role of Aboriginal agencies.Canada has rejected First Nations’ demands to operate services in accordancewith traditional laws and traditional justice systems. By contrast, in <strong>the</strong> United States,tribal courts have played an important role in <strong>the</strong> child-welfare system since 1978.These courts have exclusive jurisdiction over custody proceedings involving NativeAmerican children living on a reservation. They may also play a role in Native Americanchild-custody cases where <strong>the</strong> child lives outside a reservation. 35 While not perfect, <strong>the</strong>American system has led to greater tribal authority over <strong>the</strong> placement of Indigenouschildren, as well as <strong>the</strong> expansion of family preservation programs. Indigenous childrenare still removed from <strong>the</strong>ir homes in disproportionately high numbers, but <strong>the</strong>rate of overrepresentation has decreased. The rate of placement with non-Indigenouscaregivers has also decreased. 36Call to Action4) We call upon <strong>the</strong> federal government to enact Aboriginal child-welfare legislationthat establishes national standards <strong>for</strong> Aboriginal child apprehension and custodycases and includes principles that:

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