A Brief to the UN Committee on the Rights of the Child: Aboriginal Children and Youth – Urgent Needs and Unmet Obligations

The Ad Hoc Coalition on the Rights of Aboriginal Children in Canada

On the release of Canada’s Second Report to the UN Committee on the Rights of the Child (CRC), and in anticipation of the CRC’s review of Canada’s compliance to the UN Convention on the Rights of the Child, two national ecumenical coalitions joined with two regional and one national Aboriginal organization to form the Ad Hoc Coalition on the Rights of Aboriginal Children in Canada (The Ad Hoc Coalition). The Coalition’s objective was to produce a report on some of the key rights issues facing Aboriginal children in general, and First Nations’ children in particular, and to present this report to the UN Committee on the Rights of the Child during its 34th session in Geneva.

Coalition members include the Atlantic Policy Congress of First Nation Chiefs, the Commission on Justice and Peace of the Canadian Council of Churches, the First Nations Child & Family Caring Society, KAIROS: Canadian Ecumenical Justice Initiatives, and the Southern Chiefs’ Organization (Manitoba). More information on these organizations is available in Appendix “A”.

Executive Summary

The Ad Hoc Coalition acknowledges the many positive steps taken by Canada since it ratified the Convention on the Rights of the Child in 1991and since it submitted its First Report in 1995. The Ad Hoc Coalition also recognizes, however, as does Canada, that there is still much work to be done, especially in terms of implementing the inherent and treaty rights of Aboriginal children. Under Article 2 of the Convention, States must “ensure that all children within their jurisdiction enjoy their rights.” This brief will show that Canada’s Aboriginal policy does not uphold this basic principle, or adhere to Aboriginal inherent and treaty rights. In fact, it is the profound concern of many Aboriginal peoples that current federal policies and legislative initiatives will lead to their assimilation.

This brief examines the fundamental issue of how federal legislation threatens the inherent rights of Aboriginal peoples. The brief looks specifically at the federal Comprehensive Land Claims Policy, as well as two pieces of federal legislation: Bill C-31 and Bill C-7 also known as the First Nations Governance Act.

This brief also outlines concerns in the areas of service funding, child welfare and housing. Service funding and child welfare are two areas where Canada and the provinces have made great strides. The Ad Hoc Coalition recognizes the work that has been done in this area and is confident of continued improvement, as long as a “nation to nation” approach prevails. By working with First Nations, Canada will be able to address deficiencies in funding practices that are too often geared to specific symptoms, rather than to underlying fundamental causes such as poverty. Genuine partnerships with Aboriginal peoples will lead to more policies and programs that are culturally sensitive and take into account the unique history and traditions of Aboriginal peoples. With regard to housing, the Ad Hoc Coalition believes that Canada must act quickly to ensure that all Aboriginal children have safe homes in which to live.