Warrior Life Studios

Pam Palmater

Tag: foster care

  • Canada’s Shell Game on C-92 Funding

    Canada’s Shell Game on C-92 Funding

    C-92 An Act Respecting First Nations, Inuit and Métis Children, Youth and Families

    THE FEDERAL GOVERNMENT has once again proven that legislative initiatives tend to be effective deflections from their ongoing failures to address human rights abuses against Indigenous peoples. Bill C-92: An Act Respecting First Nations, Inuit and Métis Children, Youth and Families (2019) was heralded by the Assembly of First Nations (AFN) and the federal government as the solution to the “humanitarian crisis” of First Nations children in foster care. The AFN in particular pushed hard for the legislation to pass in Parliament, despite widespread opposition and protests from First Nations from all over Canada. First Nations legal and child welfare experts also warned Parliament that C-92 did not align with Canada’s political promises and could in fact make things worse. They were right.

    NO STATUTORY GUARANTEE OF FUNDING

    There are many substantive problems with C-92, but the most obvious is that there is no statutory guarantee of funding for First Nations in the legislation. In other words, there is no judicial right that a First Nation could use in court to force federal compliance in relation to funding under the Act. This concern was raised and effectively ignored by the AFN in its push to have the bill pass into law — all while federal officials were assuring First Nations that funding would follow. As expected, funding did not follow and to make matters worse, it looks like the federal government used C-92 as an attempt to insulate itself from the orders of the Canadian Human Rights Tribunal (CHRT).

    The federal government has confirmed that it does not consider itself to be bound by CHRT orders to end racial discrimination in funding against First Nations children in foster care, once First Nations assume jurisdiction under C-92.

    “Since (Bill C-92) falls outside the scope of the CHRT orders, the CHRT orders will not apply to a First Nation that has assumed jurisdiction.”

    Federal officials further clarified that:

    “There is no funding stream for the long-term operationalization of an Indigenous governing body’s law once they begin exercising jurisdiction.”

    This confirmation comes from the federal government’s response to questions posed by the First Nations Child and Family Caring Society in their ongoing litigation at the CHRT. Canada is effectively telling First Nations: Sure, you can assume jurisdiction over housing, education, health care and child and family services; but if you do, your funding will be cut or reduced. Oh, and by the way, you assume all the liability.

    https://fncaringsociety.com/publications/caring-society-submissions-re-non-compliance-motion-feb-3-2021

    The whole point of the CHRT’s original decision was for Canada to stop racially discriminating against First Nations children in foster care and their families. One of the primary reasons why First Nations children are apprehended and placed in foster care at such high rates is due to the purposeful, chronic and racially discriminatory underfunding of essential social services for First Nations — like child and family services. Ironically, one of the most striking pieces of evidence in the CHRT hearing came from the government’s own internal documents that confirmed that federal underfunding leads to higher rates of First Nation child apprehensions. Yet Canada continues to underfund child and family services and all services like housing, health care, education, water and mental health services like suicide prevention on reserve. It is no coincidence then, that First Nations have the worst socioeconomic conditions of all groups in Canada.

    TRANSFER OF FEDERAL LIABILITY

    This follows a similar pattern in federal legislative initiatives over the last few decades, where under the guise of addressing a breach of Indigenous rights, they instead use legislation to deflect from the matter and find ways to insulate itself from liability and/or transfer federal liability to First Nations. Bill C-3: Gender Equity in Indian Registration (2011) was supposed to end sex discrimination against First Nations women and their descendants in Indian registration. Instead it created new discrimination and in s. 9 insulated itself from any legal claims by those Canada had discriminated against for decades. Similarly, in Bill S-3: An Act to amend the Indian Act in response to the Superior Court of Quebec decision in Descheneaux c. Canada (Procureur general) (2017), Canada once again failed to address all forms of sex discrimination and via s. 10 purports to insulate itself from liability for the discrimination endured by First Nations women and their descendants.

    In enacting legislation, even in relation to First Nations, the federal government should always be assumed to be acting in the best interests of the Crown first, despite its fiduciary and other legal obligations to First Nations. C-3 and S-3 are just two legislative examples of explicit insulation of liability from Canada’s own wrongdoing. Another example is the Safe Drinking Water for First Nations Act (2013), which has done little to remedy ongoing the lack of clean drinking water and sanitation on all First Nation reserves but helped deflect media attention away from the crisis. Yet the legislation creates more problems than it solves including the creation of new ways to imprison First Nations members who breach the water laws; ensure federal laws are paramount over First Nation laws; and the inclusion of s. 11 which purports to limit liability for both the provincial and federal governments.

    “DRAW DOWN” JURISDICTION?

    In this context, it becomes apparent that First Nations who “draw down” jurisdiction under C-92 may be assuming significant financial and legal liability without corresponding legal protections and guaranteed, long-term needs and rights-based financial supports. Take a scenario where a First Nation band member is receiving federal support for health needs for their children under Jordan’s Principle and then the band assumes jurisdiction. What happens to the funding support for this First Nation band member and their children if — as the federal government has confirmed — they will not be bound by CHRT orders to provide funding to First Nations for critical programs like Jordan’s Principle (a child-first policy that is meant to ensure First Nations children have access to the same government services that other children do)? Does the member seek funding from the First Nation and if so, how will the First Nation provide this funding if the federal government ends Jordan’s Principle funding to First Nations under C-92?

    The AFN has a lot to answer for in its support of C-92 without ensuring the free, prior and informed consent of First Nations, and worse, for forging ahead when so many First Nations leaders and First Nation child welfare experts were against the legislation as it read. First Nations who have given notice or are contemplating giving notice that they want to “draw down” jurisdiction over child and family services under C-92 are likely shocked to hear these concerning revelations by the federal government. This is not something the government shared during review of the bill or has included in their information packages online.

    “TRUST US” MANTRA IS NOT ENOUGH

    Were it not for the ongoing legal actions by the First Nations Child and Family Caring Society to hold the federal government to account to comply with CHRT orders, we might not know the gravity of the funding situation. Canada must now answer for this bad faith funding shell game to undermine the basic human rights of First Nations children. The “trust us” mantra is not enough when the issue is the ongoing genocide of First Nations. It is long past time for full transparency and to stop ducking its human rights obligations to First Nations children and families.

    This article was originally published by The Lawyer’s Daily on Feb. 8, 2021, part of LexisNexis Canada Inc. Some edits have been made for style and to include references.

  • Bill C-92’s Indigenous Child Welfare Act: More Pan-Indigenous Legislation that Risks Continuing the Status Quo

    Bill C-92’s Indigenous Child Welfare Act: More Pan-Indigenous Legislation that Risks Continuing the Status Quo

    Bill C-92 An Act respecting First Nations, Inuit and Metis children, youth and families has been heralded as a “historic turning point”, an “important first step”, a “major milestone” and other similarly over-used and under-impressive political phrases to describe yet another top-down initiative from the federal government. While the Assembly of First Nations National Chief Perry Bellegarde (AFN) claimed that this legislation was “co-drafted” by the AFN and the federal government, that was not the case. In fact, Dr. Cindy Blackstock confirmed that First Nations did not co-draft the legislation and First Nations were not even permitted to see the second draft before it was tabled. This should be no surprise as Justice Canada does not co-draft legislation with anyone other than the French and English legislative drafters at Justice Canada – this is their long-standing practice. Bill C-92 content is glaring evidence that First Nation experts in child welfare did not hold the pen on this bill.

    There are many problems with this bill, but the main problem is it does not deliver any of what was promised by the federal government. Prime Minister Trudeau’s Liberal government promised to address the “humanitarian crisis” through federal legislation that fully recognized First Nation jurisdiction in relation to child welfare; that would provide statutory funding; and would eliminate the over-representation of First Nation children in care. If this bill is not substantially amended before it is passed, it will not accomplish any of those important goals. Ultimately, it will be our children and our families on the ground – in our communities – that will pay the biggest price. The fact that the AFN is promoting this bill so strenuously, without regard for the numerous and serious concerns raised by First Nation leaders, lawyers, academics and child welfare experts, shows how disconnected they are to the crisis at hand.

    Despite the many issues raised by the Assembly of Manitoba Chiefs, the First Nations Child and Family Caring Society and others, the AFN supports this bill as do the Metis National Council (MNC) and Inuit Tapiriit Kanatami (ITK). While I also have numerous, detailed concerns with the wording, structure and content of this bill, they are too many to include in this blog. What follows is a general overview of my concerns from a First Nation perspective. 

    Pan-Indigenous Legislation

    First of all, pan-Indian legislation has always been difficult to work with because of the differences between the 50-60 traditional Indigenous Nations in Canada that are now separated into 634+/- individual First Nations (Indian bands), across various provinces and within different treaty areas (some without treaties). However, pan-First Nation legislation, with opt-in clauses and flexible provisions to deal with legal, political and cultural variances, would be far superior to what is offered in this bill. Bill C-92 purports to cram First Nations, Inuit and Metis into one act that offers the same legislative options to all three groups – despite their vastly different histories, socio-economic conditions and rights.

    There are vast differences between the legal rights and specific needs of First Nations, Inuit and the Metis. For example, the Metis have much better socio-economic conditions than First Nations and Inuit. Geographic differences between the Inuit and First Nations and Metis, also require solutions tailored to their unique situation. Failure to do so can create inequalities between the groups.

    Substantive Inequality

    This bill also misses the mark in its purported goal to support Nation-to-Nation (First Nations), government-to-government (Metis) and Inuit-Crown relations by treating us all the same. Here’s the problem – when Canada treats all three groups formally the same, it prejudices the rights, needs and interests of those with more acute conditions. In other words, by treating all three groups as formally equally, those with the most acute needs will be treated substantively unequal. While disadvantage should never be about a “race to the bottom”, formal equality will embed discrimination into the very structure of this legislation and will operate to disadvantage First Nations in particular. First Nations are larger in population, have higher rates of child apprehensions and higher rates of underlying poverty, caused by the kinds of land dispossession and breach of treaty rights not experienced by Metis (with some exceptions).

    That is not to say that the Metis should not have their own framework- that is for them to decide what works best for them with the needs of their own constituency. First Nation, Metis and Inuit options should not be limited to the same generic legislative framework, from the same budget line, which assumes the same socio-economic needs, legal rights and interests. This pan-Indigenous template is not in line with the federal government’s promised “distinctions-based” approach and serves to embed substantive inequality into the act.

    First Nation Jurisdiction

    First Nation jurisdiction should be the heart of this bill. At best, what is offered is a delegated authority under federal jurisdiction, which is conditional on agreement with the provinces. At worst, this bill increases federal Ministerial control, while leaving provincial laws, policies and practices virtually in tact. Bill C-92 creates new powers for an unnamed federal Minister to carry out the provisions of the legislation, make regulations, possibly collect data and provide a report to Parliament after five years. What is missing is the original purpose of the bill: to recognize First Nation jurisdiction. While it purports to recognize First Nation jurisdiction, it does so with several substantive conditions. First Nation jurisdiction and laws in relation to child welfare appear to be directly or indirectly subject to the following limits:

    –          Canadian Charter of Rights and Freedoms;

    –          Canadian Human Rights Act;

    –          Section 35 Constitution Act, 1982 jurisprudence and limits in relation to constitutionally protected rights;

    –          “Inherent right to self-government” which indirectly incorporates the impoverished definition of self-determination outlined in the Inherent Right Policy;

    –          Constitution Act, 1867, section 92 provincial jurisdiction, i.e. provincial laws are the minimum standard;

    –          Successful negotiation of a tri-lateral coordination agreement between the First Nation, province and federal government (or proof they made good faith effort to negotiate);

    –          Pre-existing definitions of “best interests of the child” from legal precedents;

    –          Sections 10-15 of Bill C-92, which outlines specific limitations in relation to the best interests of the child, parental representation, notice of apprehensions, preventative care as the priority, and no apprehensions due to poverty.

    If a First Nation manages to ensure their laws meet all of these conditions, then they could be recognized as a “federal law”, but not a law in their own right – based on First Nation jurisdiction. It seems very clear that what is being offered is a delegated authority under federal jurisdiction, which is also limited by the constitutional division of powers. Nothing in this bill binds a provincial government or requires them to even come to the table – let alone contribute any funding. Some First Nations may be okay with exercising their powers this way in order to address the urgent crisis, but the federal government should just be honest about it and stop trying to package it as First Nation jurisdiction.

    There is also no specific recognition for pre-existing First Nation laws – oral or written – except in the case of self-government agreements, and these laws would only be paramount to the extent of any conflict with Bill C-92. What of First Nations that choose not to make agreements with the province? What if a First Nation chooses to negotiate only with the federal government? There are far more questions than answers in this bill – all of which need to be addressed in order to avoid legal chaos and uncertainty around jurisdiction.

    Funding & Socio-Economic Conditions

    My last major concern about this bill is the failure to include clear, directive language that would provide a statutory guarantee for annual funding, that is based on equal access to holistic, wrap- around social programs and services, that take into account specific needs, population increases, inflation, geographic location, and actual costs. Without this statutory guarantee, any recognition or First Nation jurisdiction is entirely hollow. Substantial funds are required for the development and enforcement of First Nation laws, policies and regulations in relation to child and family services; staffing and training; infrastructure; legal and technical research and advisory services; data collection and analysis; and monitoring, compliance, reporting and enforcement. The core issue has always been the long-standing chronic and discriminatory under-funding of social services for First Nations, like food, water, housing, health and education. This racist under-funding is what created the crisis and serves to maintain. Legislation is not needed to end discriminatory funding, but if legislation is to be enacted, a firm commitment for funding needs to be included.

    It is noteworthy that there is no mention of First Nation Aboriginal rights or treaty rights in relation to the funding that attaches to child welfare. While it may be politically expedient to create an act that is neutral on “rights” for all parties, this must be in exchange for a substantive, enforceable legal funding commitment. Long gone are the days where First Nations can reasonably or responsibly rely on the word of Ministers to hope that they fulfill their political promises. Ministers change, governments change and the law changes – which is why, if there is to be legislation, that it include a statutory guarantee of funding.  Without it, this legislation is empty of any real intention or ability to end the status quo – a price that will continue to be paid by our children and their children. First Nation cannot afford to lose any more children to a racist and sexually violent system that decreases their life chances and limits their ability to enjoy life with their families, communities, and Nations. The increasing foster care rates, incarceration rates and murdered and missing rates compel us to act urgently and with purpose.

    All that is required is for Parliament to sit down with First Nation child welfare experts and make the required amendments. Without substantive amendments, this bill may end up causing more harm than good and inject legal chaos into an already broken system and risk the lives of more of our children. Canada has apologized for the trauma caused by residential schools, while at the same time admitting that child welfare has continued the trauma. Canada has stated that this is a humanitarian crisis and as such is legally and morally bound to do better. 

    It’s time to sit at the table and urgently work this out for the sake of the children. Video of my recent testimony to Senate Committee on Aboriginal Peoples pre-study on C-92: https://www.youtube.com/watch?v=vkcl0iF0Yic To listen to my 3-part extended interview with Dr. Cindy Blackstock on my podcast show: Warrior Life, here is the link: https://soundcloud.com/pampalmater/cindy-blackstock-on-justice-and-equality-for-first-nation-children If you prefer video instead of podcast, you can listen and watch on my YouTube channel here: https://www.youtube.com/watch?v=t5LvH3LY_20&t=2s

  • Saskatchewan: The Land of Living Skies and Lethal Racism

    Saskatchewan is known as the “land of the living skies” for its breathtakingly colourful northern lights. It is also one of the most beautiful prairie-provinces in Canada, with stunning purple sand beaches and the incredible Sahara-like Athabasca Sand Dunes that stretch for nearly 100 kilometres. The province also boasts over 100,000 lakes and rivers, making it nearly 12% water. The diverse Indigenous Nations which have thrived on these territories since time immemorial have tied their customs, practices and traditions, and even their traditional Indigenous knowledge systems to the life-giving resources from these rich lands, waters and eco-systems. The very land that has sustained the Nehiyaw, Anishinabe and other Nations for thousands of years is firmly rooted in their identity as individuals, families, and Nations. Sadly, Saskatchewan is also well-known as one of the most racist provinces in Canada. With colonization and the clearing of the plains, came brutal acts of genocide, land dispossession and violent racism against First Nations – a legacy that has and continues to be a lethal reality for First Nations.

    Saskatchewan is the home to farmer Gerald Stanley, who shot and killed an unarmed First Nation youth, Colten Boushie, in cold blood in 2016, but was found not guilty by an all-white jury two years later – a result that shocked the nation. But it’s not just white farmers killing Indigenous peoples – 62.5% of people who died from police encounters in Saskatchewan were Indigenous, despite being only 11% of the population. But this should not come as a shock to anyone. It wasn’t that long ago in 2004 that the Neil Stonechild Inquiry exposed the Saskatchewan police practice known as “Starlight Tours” to the world. Starlight Tours occur when police officers detain Indigenous youth, drive them out of town and leave them stranded in sub-zero temperatures causing their deaths. While this racist practice was well-known by First Nations as common practice, Canada had a hard time accepting the persistence, prevalence and lethal nature of racism in this country. Meanwhile, the rate of murdered and missing Indigenous women and girls continued to climb.

    In 2014, the Royal Canadian Mounted Police (RCMP) released a report on the “known” cases of murdered and missing Indigenous women and girls in Canada which showed that Indigenous women and girls make up only 2.5% of the Canadian population, but 16% of the murder victims in Canada. However, Saskatchewan had the highest provincial rates – 55% of all murders of women were Indigenous. This unique intersection of racism and misogyny creates a situation where sexualized violence is perpetrated against Indigenous women and girls at alarming rates with relative impunity, and by all walks of society. While it is true that domestic violence is part of the issue, many of the murders and acts of sexualized violence were committed by society – doctors, lawyers, teachers, judges, social workers, foster parents and even police officers. Human Rights Watch released a report about police officers in Saskatchewan who commit sexualized violence against Indigenous women and girls in their custody, including sexual harassment, assault, invasive strip searches by male officers, and groping.

    Racialized violence, abuse and neglect of First Nations is so ingrained in Saskatchewan that it is not only reflected in societal attitudes, but those of its governing bodies and agencies. Nowhere are the socio-economic conditions worse for First Nations than in the sister provinces of Manitoba and Saskatchewan. More than 80% of all children in care in Saskatchewan are Indigenous – second only to Manitoba’s 90% – primarily due to discriminatory agency practices or conditions of poverty from chronic and discriminatory government under-funding of core social services. Racism has a multiplier effect where not only are Indigenous children wrongly apprehended, but because of that race-based apprehension, they are less likely to get a high school education, and more likely to end up in youth corrections. More than 2/3 of all Indigenous peoples in prison were in the child welfare system. It should be no surprise then that Indigenous foster girls are also over-represented in murdered, missing, and sex trafficked and those exploited in the child porn industry. Human traffickers know exactly where to get them – foster and group homes.

    These multiple, over-lapping crises rooted in racism and violence against Indigenous peoples is getting worse. The Supreme Court of Canada, the federal Office of the Correctional Investigator, the Auditor General, child welfare advocates, and numerous United Nations human rights bodies, together with countless research findings, commissions, inquiries and coroner’s reports all point to continued failures by federal and provincial governments to take concrete action to stem or reverse these crises. This failure, which is nothing less than colossal in Saskatchewan, sends the very toxic message to society that Indigenous lives have less value. Despite all the symbolism in a post-TRC report Canada, provinces like Saskatchewan have made very few substantive changes that have addressed any of these issues. All the political meetings, negotiation tables, and other so-called partnership initiatives haven’t stopped the suffering of the people – instead conditions are getting worse.

    This is the reason that Idle No More was born. Not only did this organic social movement grew from Indigenous grassroots community members – it was inspired by federal and provincial government inaction on these social issues and their constant breach of our Aboriginal and treaty rights. Omnibus bills to remove protections for the many lakes and rivers which make up Saskatchewan, together with provincial leases, permits and other authorities for corporations to continue to steal from Indigenous lands helped inspire a Saskatchewan born, nationwide movement to demand action. Idle No More wasn’t the first public show of protest over racial injustice, and it won’t be the last. First Nation family members of lost loved ones organized the Justice for Our Stolen Children Camp to again raise awareness and demand action. Their message was simple – the gross injustices committed against First Nations peoples in the name of racism and misogyny, like poverty, homelessness, over-incarceration, over-representation of our children in foster care and murdered and missing Indigenous women and girls – are all getting worse, not better.

    It would appear that Saskatchewan’s Premier is wholly detached from the problem. His focus seems to be on maximizing extraction of resources from First Nation lands; ignoring Aboriginal, treaty and lands rights; and clearing the legal playing field for more violence. In his recent Throne Speech, Moe announced that he will pass “trespass” legislation to allow more policing in “rural” areas. His focus is on the property rights of rural farmers without any mention for the safety of rural First Nation communities. We all know what this means. More laws to protect farmers who may hurt or kill other First Nations youth. His plan is eerily similar in nature to the bills proposed in the United States by certain states, to protect those (white people) who run over protesters with their cars, for example. Then add to Moe’s trespassing legislation, the fact that he is planning to arm conservation officers with AR-15 type carbine rifles! The very same conservation officers, who have recently been authorized to enter reserves through an MOU with the Federation of Sovereign Indigenous Nations (FSIN).

    There is a political storm brewing in Saskatchewan that further risks the lives of First Nations people. Trespass legislation and semi-automatic weapons are the not answer. Land and resource transfers back to First Nations, ending discriminatory practices, implementing treaty rights – all of those would contribute to justice for First Nations. Pumping more weapons into First Nation territory will only lead to more deaths.

    It is long past the time that the province of Saskatchewan take real steps to stem the race-based violence and deaths of First Nations from whose lands and waters every single resident of Saskatchewan benefits.

  • Justice for Our Stolen Children Camp – Thank you for Standing Up for our Children

    The violent deaths of Colten Boushie in Saskatchewan and Tina Fontaine in Manitoba hit their families, communities and First Nations pretty hard. These were youths who had their whole lives ahead of them. The fact that deep-seated institutional and societal racism and violence against Indigenous peoples is what led to their deaths is a glaring injustice that we have seen happen many times over to our people. But the other glaring injustice is how institutional and societal racism and violence allows the killers of our people to walk free. The high level of impunity for lethal race-based violence against Indigenous peoples serves only to reinforce the racist idea that Indigenous lives don’t matter. Without intervention from federal, provincial and municipal governments, agencies and police forces, our people will continue to be at risk.

    Canada’s failure to act on this crisis means that First Nations must continue to take action to stand against these injustices which are killing our people. At a time when our hearts were collectively breaking over the non-guilty verdicts in the Gerald Stanley murder trial of Colten Boushie and the Raymond Cormier murder trial of Tina Fontaine, First Nation members from Saskatchewan got together and created the Justice for Our Stolen Children Camp. On February 28, 2018, they raised a traditional teepee and lit a sacred fire in Treaty 4 territory at Wascana Park, just across from the Saskatchewan Legislative building. These grassroots community members used their most powerful tool to bring attention to this crisis – their voices and their traditions.

    But the teepee and the sacred fire not only attracted media attention for our issues, but it also turned into something special. This camp became a gathering place for those who had lost children to violence, foster care and the justice system. Mothers, fathers, aunties and cousins with broken hearts came to the camp to share their stories, release their emotions and start their healing journeys. Far from creating any safety risk to the public, this camp offered hope, comfort, solidarity, a sense of collectiveness and empowerment. The longer the camp remained at Wascana Park, the more the media took notice and started to highlight the many injustices faced by First Nations. The core message from the camp was that we need justice specifically for Indigenous youth in the wake of the Stanley and Cormier not guilty verdicts; and justice for the many Indigenous children stolen from our communities by child welfare agencies, the justice system and societal violence.

    For many months, it may have appeared to outsiders looking in, that they were alone and that their camp would eventually fade from attention. They occupied the area peacefully for four months, supported by donations from First Nations and allies. It wasn’t until the Province of Saskatchewan thought the camp would interfere with its planned location for its Canada Day beer gardens that they took legal action. On June 5, the camp was issued and eviction order and ten days later, the Regina Police Service began their eviction procedures by removing the tents. On June 17 the teepee was taken down and on June 18 six of the campers were arrested and removed from the area, though charges were never laid. Many of us watched with anger as the province carried out this heavy-handed action, trampling over the wounded hearts of those who have found some temporary peace at the camp – all for the sake of beer gardens.

    But if there is one lesson from our elders that we have to remember, is that we can never give up hope. Our ancestors died protecting the rights of future generations not yet born. We inherited the obligation to face each barrier put in front of us by colonial powers, with the same commitment to overcoming it, as our ancestors had. So, on June 21 National Indigenous Peoples Day, when we saw videos of the campers returning to Wascana Park, re-erecting the teepee and joining together in a round dance, our collective hearts were lifted again – this time with a renewed sense of resistance and empowerment. On June 23rd, a second teepee was erected and others joined in solidarity after that until there were many teepees side by side. People made donations of cash, food and water to support the campers and the healing continued. We owe so much to the spirit and determination of those who have stayed at the camp for long. Their commitment is why we are still talking about justice for our stolen children.

    There is a real and growing crisis in Saskatchewan that demands an emergency, crisis-level joint response by federal, provincial and First Nation governments, experts and advocates. It doesn’t matter what the federal or provincial governments say they have done, what programs they have funded, or who they talk to at various discussion tables – what matters is that what they have done to date has not worked and the crisis continues to get worse. Therefore, a radical shift from the status quo is required to save the lives of our children. They don’t have a whole childhood to wait for the slow, drawn-out process of policy change. Our children are dying and the statistics present a dire picture for their life-chances if we don’t change this now.

    Child Welfare

    In Canada, Indigenous peoples make up 5% of the population and Indigenous youth make up 7% of the youth population. Nationally, Indigenous children make up 48% of all children in foster care – a number that is 3 times higher than during the height of residential schools. However, in Saskatchewan, an alarming more than 70% of children in provincial care are Indigenous and the numbers continue to increase. We know that less than half of those children will graduate from highschool and more likely to end up in youth corrections. The statistics also show that that Indigenous girls in foster care are 4 times more likely to be sexually abused; more likely to be targeted for human sex trafficking and are over-represented in murdered and missing Indigenous girls. The theft of our children into foster care does not just impact the children. Indigenous mothers who lose their children to foster care are more likely to die from heart disease and suicide.

    Justice System – Prison

    Canada has had the lowest crime rate since 1969 with a reduction of 34% since 1998. Yet Indigenous people make up more than 26% of those in federal prisons and Indigenous women make up 34%. Saskatchewan’s numbers are frightening. Over 76% of admissions to Saskatchewan prisons are Indigenous – the highest rates in Canada. Nationally, 41% of youth in corrections are Indigenous, with 51% being Indigenous girls. In Saskatchewan youth corrections, 92% are Indigenous boys and 98% are Indigenous girls. They have the highest youth incarceration rates in the entire country. More than 1/5 of Indigenous prisoners were in residential schools and 2/3 were in the child welfare system. It is important to remember that Indigenous peoples represent 1/3 of all suicides in prison and more than half of those who suffer in solitary confinement/segregation.

    Violence – State & Societal

    In 1996, the report of the Royal Commission on Aboriginal Peoples noted that racism is rampant from police forces to the courts. Saskatchewan policing in particular has a long, violent history of racism against Indigenous peoples. In 2004, the Saskatchewan Commission on First Nations and Metis Peoples and Justice Reform found that racism in policing was a “major obstacle” in relations with First Nations. The well-known police practice of “Starlight Tours” where police detain and drive Indigenous men to the outskirts of town where they freeze to death doesn’t seem to have ended with the Neil Stonechild inquiry. Indigenous women are often targeted with sexualized violence – including from police. The Human Rights Watch report from 2017 documented instances of excessive use of force, abusive strip searches and other sexual harassment against Indigenous women. The statistics also show that Saskatchewan has the highest rate of police involved deaths (beatings, chokings, shootings) of Indigenous peoples (62.5%).

    The RCMP report into murdered and missing Indigenous women and girls showed that nationally Indigenous women and girls make up 16% of those murdered, but in Saskatchewan, that number jumps to 55%. Societal violence comes from the places most people do not suspect: priests, farmers, police, corrections, doctors, lawyers, judges, social workers, teachers, and foster parents. Very few of those who sexually violate or murder Indigenous women and girls are serial killers. The statistics also show they are less likely to be murdered by their spouse than Canadian women. The high level of impunity (non-conviction) for those perpetrators in society who continue to commit violence against Indigenous peoples is exacerbated by the many reports that document how police fail to protect Indigenous peoples or properly investigate their cases.

    We have a real crisis in Saskatchewan. What has been done isn’t working. We need a new approach – one that is led by First Nations and their experts and advocates. We owe a huge debt of gratitude to the campers at the Justice for Our Stolen Children Camp who have sacrificed their time and energy, and risked police arrest and jail, to keep the light on this crisis. We don’t want to lose any more of our children and we want to bring the rest of our children who are in foster care, corrections, trapped by human traffickers, or missing – back home. Bring our children home.

    In memory of all those precious lives those and sadly, too many to name:

    Neil Stonechild, Leo Lachance, William Kakakaway, Leonard Paul John, Colten Boushie

    Nadine Machiskinic, Shelley Napope, Melanie Dawn Geddes, Amber Redman, Danita Bigeagle

    Haven Dubois, Brandon-Bee Ironchild, Evander Lee Daniels

    Please see my YouTube video that I have created in support of the Justice for Our Stolen Children Camp:

    https://www.youtube.com/watch?v=2mYjduyt4Jw