In a precedent-setting decision released today, the Canadian Human Rights Tribunal ruled that First Nations families living on reserves are being discriminated against in the provision of child and family services by the Government of Canada, and ordered such discrimination to stop. Xaidsart lawyer Justin Safayeni represented Amnesty International as an interested party in the proceedings before the Tribunal. Many of Amnesty’s submissions on the relevance of international law to the interpretation and application of the Canadian Human Rights Act were accepted by the Tribunal (see paras. 428-455). In particular, the Tribunal concluded that “[s]ubstantive equality and Canada’s international obligations require that First Nations children on-reserve be provided child and family services of comparable quality and accessibility as those provided to all Canadians off-reserve” (at para. 455). To read the Tribunal’s full decision, click here.
