In 2016, the Canadian Human Rights Tribunal ruled that the government discriminated against First Nations children by under-funding on-reserve child welfare services. Although Indigenous children account for only 8% of all children in Canada, they make up a disproportionate 52% of all foster children. In Manitoba and Saskatchewan, nearly 90% of children in foster care are Indigenous. The tribunal’s ruling was in response to complaints that the federal government did not provide enough support for on-reserve child welfare. Inadequate resources include the lack of funding for these much-needed welfare agencies that perpetuate other deep-rooted issues such as poverty and inadequate housing or healthcare.

The tribunal’s decision also compared the discriminatory measures that put Indigenous children at risk of entering the foster care system today to the forceful separation of families when residential schools were created in hopes of cultural assimilation. With the number of Indigenous children being put in foster care on the rise, they find themselves separated from their families, and to a broader extent, their culture. Many Indigenous leaders and activists compare the modern-day child welfare policies to a vestige of assimilating First Nation children by separating them from their families. This national pattern can be traced back to the historical legacies of residential schools and the long-lasting impact of intergenerational trauma that continue to trap many families in poverty. Given these structural barriers, many parents continue to experience the repercussions and are labelled as “high-risk” parents by social workers, making their children equally vulnerable and live with foster families. 

In light of the chronically disproportionate number of Indigenous children in the foster care system, the federal government introduced Bill C-92, An Act respecting First Nations, Inuit and Metis children, youth, and families. It was co-developed with Indigenous, provincial, and territorial partners to address the growing number of Indigenous children in the foster care system. Considered a crucial piece of legislation, the act outlines its goal of keeping children and youth connected to their families, communities, and culture. Its primary goal is to adopt a more culturally-informed approach in creating a more effective framework for child welfare policies that put the interests of Indigenous children first. This includes allowing Indigenous communities and groups to develop policies based on their particular histories, cultures, and circumstances. Combined with increased cooperation with communities, the act aims to encourage cultural continuity and to enable those affected to exercise partial or full jurisdiction over child and family services. 

Despite the legislative progress, the Liberal government recently stated that they will appeal the tribunal decision that could potentially affect more than 50,000 Indigenous children. This decision is inconsistent with their rhetoric that talks of reconciliation with Indigenous communities and sends mixed signals about the government’s commitment to address structural issues that continue to affect Indigenous communities. While a consistent rhetoric should be applied, additional legislation should also address the deeply-rooted socio-economic inequalities that feed the vicious cycle of poverty that continue to leave children and youths at risk of being put in the foster care system.