Aboriginal Adoptions in Saskatchewan and British Columbia: An Evolution to Save or Lose Our Children?

Summary

---

With more than 27,000 Aboriginal children currently in provincial care, solving the issues surrounding Aboriginal adoptions has never been more important. These issues include: the inequality of funding between the First Nations Child Welfare agencies and provincial agencies (which has instigated a Canadian Human Rights Complaint by the Assembly of First Nations and the First Nations Child and Family Caring Society of Canada), the denial of Aboriginal Identity from Aboriginal adoptees, and the lack of recognition of Aboriginal custom adoptions. This paper focuses on these issues, discusses Supreme Court jurisprudence, as well as how Aboriginal adoptions are currently being dealt with in the provinces of Saskatchewan and British Columbia.

See the full content of this document

Extract

---

Aboriginal Adoptions in Saskatchewan and British Columbia: An Evolution to Save or Lose Our Children?

"The high rate of Aboriginal children in care reflects the historical disadvantages experienced by Aboriginal communities. Residential schools caused generations to grow up with out opportunities to develop parenting skills. Poverty, relative isolation, unemployment, and inadequate housing all contribute to family disruption. When Aboriginal families experience difficulties, they have not always been given the resources and support they need to ensure that children are raised in their home communities and culture."1

- BC Health Officer

"The road to hell was paved with good intentions and the child-welfare system was the paving contractor."2

- E. Kimmelman

FOREWARD

Most modern readers are likely aware that the Aboriginal population is still recovering from Residential Schools3 and the "60' s Scoop,"4 while also facing issues such as a growing amount of incarcerated youth and large numbers of Aboriginals living below the poverty line. However, what may be less overtly apparent is that more than a third of the Aboriginal population is currently under the age of 19, and that Aboriginal adoptions are requiring more urgent attention than ever before.6 One in ten Aboriginal children in Canada are placed in the Minister's care, compared to one in 200 nonAboriginal children;7 more than 27,000 Aboriginal children are currently in provincial care.

Children awaiting adoption are among the most voiceless groups in the system. The Assembly of First Nations and the First Nations Child and Family Caring Society of Canada (FNCFCS) attempted to give these children a voice on February 23, 2007, by filing a complaint with the Canadian Human Rights Commission over the lack of funding for Aboriginal child welfare.9 8,300 children are in the care of First Nations child and family service agencies.10 Yet First Nations Child Welfare agencies receive 22% less funding per child than provincial agencies.11

The National Assembly of First Nations calls this current situation a "national disgrace" and proclaims that it "requires the immediate and serious attention of all governments to resolve."12 With respect to the Human Rights Commission application, National Chief Phil Fontaine states:

Rational appeals to successive federal governments have been ignored. After years of research that confirm the growing numbers of our children in care, as well as the potential solutions to this crisis, we have no choice but to appeal to the Canadian Human Rights Commission.

...But, we have the right to determine what is best for the future of our children. Our children must have an equal opportunity to grow up with their families, in their communities, and in their culture. No First Nation child should have to forgo this opportunity as a result of poverty or an inability to access basic services.13

Likewise, Federation of Saskatchewan Indian Nations Chief Lawrence Joseph states:

First Nations leadership have been forced into the position of launching this formal complaint against the federal government, ... [because] it has become clear to our leadership that governments do not respond to demonstrated, real and growing needs in First Nations child welfare.14

In May, 2008, the ...

See the full content of this document

---