Indigenous Child Welfare Reform

Child welfare is defined as a “set of governmental and private services primarily designed to protect children from child maltreatment, encourage family stability, and, when necessary, arrange foster care and adoptions and child protection services”[1]. The child welfare reforms for Indigenous Canadians aimed to improve the wellbeing of children and their families by addressing historical injustices. Some of the most notable reforms include the Indigenous Child Welfare Legislation (Bill C-92), the Canadian Human Rights Tribunal (CHRT) rulings, and the legal framework of Jordan’s Principle.

Indigenous Child Welfare Legislation (Bill C-92)

Indigenous children represent a disproportionately large number of children in care. In 2016, it was estimated that 52.2% of children in foster care were Indigenous, despite Indigenous people making up only 7.7% of Canada’s population[2]. As a result, the legislation granted Indigenous communities legal authority and administrative power to make their own child welfare decisions. This legislation marked a reversal of over a century of colonial policy, which had assumed that the Canadian government should have control over decisions affecting Indigenous children and families, rather than allowing families and communities to decide for themselves.

Following its enactment in June 2019, the federal government committed $20 billion to support child services as part of a $40 billion settlement to address the damage caused[3]. The Miyo Pimatisowin Act, created by Cowessess First Nation under Bill C-92, is renowned for reclaiming full jurisdiction over child welfare[4]. The act focuses on the “best interest of the child,” with themes of substantive equality, service provision, and cultural continuity at its core.

Despite these good intentions, critics argue that Bill C-92 has not been entirely effective. The Yellowhead Institute, an Indigenous-led research and education centre based at Toronto Metropolitan University, points to insufficient funding to properly implement the legislation's mandate. Furthermore, a lack of clear enforcement has caused inconsistent application of the legislation across Canadian provinces and territories[5].

Canadian Human Rights Tribunal (CHRT) Rulings

The Canadian Human Rights Tribunal (CHRT) rulings, which took place between 2016 and 2023, addressed systematic discrimination against Indigenous children by giving the CHRT power to make formal decisions regarding complaints of institutionalised discrimination. When individuals file complaints under the Canadian Human Rights Act (CHRA), their concerns are processed, leading to either mediation or a hearing depending on the severity of the claim. In 2023 alone, the CHRT had 274 active cases, with 59 decisions and rulings[6] issued. Many of the cases handled by the CHRT involved housing and service discrimination.

In 2023, the CHRT conducted 63 online and 22 in-person mediation sessions, achieving an average success rate of 51% in settling complaints. This highlights how mediation can be an effective tool for resolving complex disputes, offering accessibility to individuals in remote areas or those who prefer not to attend in-person hearings. However, the government has faced criticism for the slow implementation of the tribunal's rulings despite demands to move faster, which led to continued harm to Indigenous children. In addition, critics argued that underfunding of preventative services has not been properly addressed causing unfairness that still exists[7]

Jordan’s Principle

Jordan’s Principle is a needs-based, child-first principle adopted by the Canadian government in 2007[8]. The principle is named after Jordan River Anderson, a Cree child with a muscular disorder from Norway House Cree Nation Manitoba. After the province of Manitoba refused to pay for his necessary medical equipment, Jordan, at age 1, was forced to spend the next four years in the hospital. He ultimately died due to a lack of care from workers. Critics argue that his maltreatment was caused by “government bureaucracy”[9]. The principle’s legal framework was designed to ensure that all Indigenous children have access to governmental services, addressing their needs in a family-centred and timely manner[10].

Although the principle promised timely 48-hour assessment for eligibility, only 60% of requests where processed within this timeframe. As a result, 40% of the requests were disregarded and delayed, contradicting the promise of timely delivery to children in need. Additionally, confusion among families and service providers was widespread due to administrative challenges and a lack of clarity in the application process[11].

Conclusion

While the child welfare reforms implemented through Bill C-92, the CHRT rulings, and Jordan’s Principle have made strides toward addressing the injustices faced by Indigenous children, challenges remain. Underfunding, inconsistent application, and delays continue to obstruct meaningful progress. In the next instalment of this blog series, I will delve deeper into the Canadian government’s efforts to acknowledge the harm that was inflicted by the 60s Scoop and Residential schools and also the efforts to heal intergenerational trauma through Truth and Reconciliation.

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[1] Jill R. McTavish et al., “Child Welfare Reform: A Scoping Review,” International Journal of Environmental Research and Public Health 19, no. 21 (October 28, 2022): 14071,.

[2] Indigenous Services Canada, “Bill C-92: An Act Respecting First Nations, Inuit and Métis Children, Youth and Families Receives Royal Assent,” Canada.ca (Government of Canada News, June 21, 2019),

[3] Assembly of First Nations , “AFN Bulletin: Agreements-In-Principle on Compensation and Long-Term Reform Related to Child and Family Services and Jordan’s Principle - Assembly of First Nations,” Assembly of First Nations, January 4, 2022,

[4] “Cowessess First Nation Miyo Pimatisowin Act,” March 10, 2020,

[5] Yellowhead Institute, “The Promise and Pitfalls of C-92: An Act Respecting First Nations, Métis and Inuit Children, Youth and Families,” Yellowhead Institute, n.d.,

[6] Canadian Human Rights Tribunal, “Canadian Human Rights Tribunal,” Chrt-tcdp.gc.ca, 2023,

[7] Cindy Blackstock, “The Complainant: The Canadian Human Rights Case on First Nations Child Welfare,” McGill Law Journal, 2016, 

[8] CBCNEWS, “3. Implement Jordan’s Principle,” Www.cbc.ca, 2022,

[9] “Jordan’s Principle and Children with Disabilities and Special Needs: A Resource Guide and Analysis of Canada’s Implementation,” 2021,

[10] “Jordan’s Principle and Children with Disabilities and Special Needs: A Resource Guide and Analysis of Canada’s Implementation,” 2021, 

[11] Hiba Zafran, Kaarina Valavaara, and Angie Phenix, “Challenges Faced by Practitioners Accessing Jordan’s Principle: A Commentary,” Mcmaster.ca, 2021,