SKTC: Chief’s Statement on June 30 Court Ruling June 30, 2016
Press Release
June 30, 2016
Chief’s Statement Re: Court Ruling on Child and Family Services Data Sharing
A decision was rendered today on the matter before the Court of Queen’s Bench between STC and the Ministry of Social Services.
Madam Justice Schwann accurately characterized the position we have taken and her decision demonstrates she has understood and acknowledged our cause as valid. We have always been, and want nothing more, than to develop and maintain a positive working relationship with the Province of Saskatchewan towards our shared responsibility for protecting the best interests of our children and families. We hope this judgment paves the way to meaningful discussion and a firm commitment from the Province that it will respect and honour our rights, our agreements, and uphold the honour of the Crown in dealing with First Nation issues of jurisdiction and governance, particularly in respect of Indigenous children’s rights.
Further we respectfully accept Madam Justice Schwann’s decision. We call on the Ministry to reinstate the 1996 Agreement, rescind their withdrawal of delegated authority, accept equality of services, and return to developing the Data Sharing Protocol. In the interim, in compliance with the Court Order, STC will make available for copy or notes the files as per the order.
Earlier this month, the Ministry announced they were withdrawing the authority of the agency to operate using the Child and Family Services Act in Saskatchewan courts and terminating the 1996 Bilateral Accord which was entered into with the Ministry through the Indian Child Welfare and Family Support Act. This Act was adopted by the General Assembly of the FSIN in 1993 and has been amended over the years as the authority through which First Nations can agree to share jurisdiction over child welfare for the protection of children and families until a more comprehensive form of self-government exists.
The original agreement was negotiated to provide joint responsibility and joint protective mechanisms which were in the best interests of the children.
STC acknowledges that Justice Schwann’s decision was a difficult one to make without deciding the constitutional issues of breach of inherent treaty rights. The Province’s position that it had sole power to delegate authority over child welfare on reserve is an affront to our inherent and Treaty rights. We have considered the Crown’s attempt to subordinate our rights offensive and we are pleased that the Court has given merit to our interpretation.
As per encouragement from the Court to negotiate in good faith, STC is optimistic the Ministry will carry out its authority respectfully and with due care for the inherent Treaty rights which are central to the best interests of our children.
It has never been STC’s desire to interrupt or interfere with the delivery of services to children. STC has fought hard to maintain its equal standing as an Accredited agency with its own First Nations policies. We will continue to assert that, by way of recognizing the unique needs of First Nations children as demonstrated by the strong work we do reunifying families, we are the best agency to deliver these paramount services to our children and families of STC First Nations. We do not take matters to court and seek arbitrary judgements on private and personal family issues.
Hundreds of supporters accompanied STC in Regina on Tuesday morning at the Court of Queen’s Bench to hear the deliberations. We are not alone in wanting the Ministry of Social Services to uphold the Honour of the Crown and respect our equal rights to shared responsibility for protecting our children and assisting them in their times of need. Widespread support from across Saskatchewan is demonstrated by how many people attended court to support us.
Now is not the time to point the finger at Saskatchewan for what they have not understood they’ve done wrong. As the TRC has indicated in its Calls to Action, First Nations need to continue to educate the public about Indigenous rights so as not to ignore, whitewash, or trample this important issue. Instead, we hope this leads to effective and meaningful nation-to–nation negotiations, as it was before, and as it should be, especially in light of the United Nations Declaration on the Rights of Indigenous Peoples.
Letter to the Editor from Chief Felix Thomas, Saskatoon Tribal Council
June 23, 2016 | Saskatoon Star Phoenix
In response to recent events, I believe it is important to clarify the role and responsibility of Saskatoon Tribal Council (STC) in the delivery of child welfare programs for our seven member communities.
Our service delivery arm, STC Health & Family Services is Accredited With Commendation by Accreditation Canada. It is the corporation into which the seven Member First Nations have, along with the Province, vested their authority for addressing child welfare responsibilities. The structure of this agreement establishes us as a peer agency alongside the provincial Ministry of Social Services (MSS). Ours is a fundamentally different contract with the province than the other 16 First Nations agencies that operate as designated authorities under the provincial ministry.
STC works with MSS under a bilateral accord. The accord is intended to align our programs and ensure the safety of our children remains paramount. It does not however, require STC to conform to child welfare philosophies, policies and procedures that have undermined First Nations values, traditions and families for decades.
The Minister of Social Services suggests that our children are at risk because STC programs do not conform to their approach or reporting platform. This is blatantly untrue. We currently have 67 children under our care. We know who they are, where they are and the status of their health and safety. I challenge the Ministry to say the same for all the children in the care of the province.
The Ministry would also have the public believe we are not willing to share information about our children. This is also untrue. STC has been working collaboratively to develop protocols to address data sharing processes. An agreement was reached between our offices, I signed on our behalf, but when the agreement was sent to the Minister (on two different occasions), it was not signed. We have never refused to negotiate, but we do need to be working with the agreements that are in place. STC can cite many examples whereby the Ministry, to the detriment of the child, has refused to share information with STC.
Further, it has been suggested that children have died while in the care of STCs Child and Family Services agency. This is also untrue. The two tragedies referenced recently by the Saskatchewan Children’s Advocate were indeed young people from our First Nations, but at no time were they under the care of our agency.
And here is where we need to draw the line. We cannot allow a repeat of Indian Residential Schools, the 60’s Scoop or this new iteration of control. If it had ever been about the children, the Minister would have entered in appropriate talks rather than attempt to collapse the Agency.
The lasting intergenerational impacts residential schools has had in our communities has left too many of our families to struggle with a loss of parenting skills, addictions and devastating levels of poverty. Nationally in 2010, there were three times more children in care than there were at the height of the residential school operations in 1940 (Gauthier, 2010). When the Royal Commission on Aboriginal Peoples visited the Saskatchewan Penitentiary, it was indicated that 95 percent of the Aboriginal inmates in the penitentiary had made contact with the child welfare system (RCAP, 1996).
In Saskatchewan, 86% of the children in care are our First Nations children. We don’t need more children displaced, we need to heal families. First Nations children and communities continue to be devastated by the mainstream child welfare system. Social impacts run deep, and contribute to systemic problems such as the heightened suicide rates, crime, and self-harm. This is completely unacceptable to us, and we will not be bullied into allowing it to continue.
Jurisdiction is what the ministry is after. Over the past two weeks the ministry has gone to our communities demanding case files – but not once did they ask to see the children they have indicated are of utmost importance. We don’t have to prove ourselves to the Ministry – we have to prove ourselves to the First Nations communities and the families and children we serve. We will do so first and foremost by empowering our communities to protect our most precious asset – our children. We will help them improve the bond of family, building connections with First Nations values, culture, spirituality and language. And as authorized by our people and treaty rights, we will intervene the moment the safety of the child is at risk.
We welcome collaboration and partnership with agencies, neighbors and all areas of government to protect and support our children. As leaders, we will not cede responsibility for our people to systems that continue to do harm nor will we stand idly by as we lose yet another generation of our children to the child welfare system.
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June 15
Re: Tribal Chief Felix Thomas’ Statement from STC Media Conference on Child and Family Services
Good afternoon and thank you for joining us. We have received considerable media attention on this issue over the last 24 hours, and I wanted an opportunity to address some of the misinformation that is circulating.
First, I can confirm that the Ministry of Social Services did come to Saskatoon Tribal Council’s office this morning. As advised by our legal counsel, we refused to provide the files they requested and they left without incident.
I would like to reassure everyone that the children in our care are not at risk. This is an issue of jurisdictional control. On reserve issues are between the federal government and First Nations governments. We work with the province through a bilateral agreement. This agreement differentiates us from all other delegated agreements in the province. You can see our agreement on the STC website.
To give you an update, STC Child and Family Services currently has 67 children under our care on reserve today. We know where they are, how they are and work with both families and communities to ensure their care. We will continue to operate, as we have the legal authority and the confidence of our people, our leaders and our families to do so.
We have been reporting as required in our agreements with INAC and the province since 1996. We also work closely with the Office of the Children’s Advocate and other partners and agencies. In fact, STC holds accreditation with commendation with Accreditation Canada ensuring that our operating practices are held to the highest standards of accountability. The suggestion that we are lax in our responsibilities is offensive.
In our opinion, this issue is politically motivated. Why? Currently the province has no jurisdiction over our reserves or these children in care. They do not receive or provide funds to assist. Over the course of the last three weeks we have seen the province and federal government align to undermine the STC agreement in a bold effort to undermine inherent treaty rights.
Our seven First Nations communities will not take this lying down.
ILR5
