Human rights tribunal ruling should prompt overhaul of funding formula, says prof

Today's landmark ruling from the Canadian Human Rights Tribunalpoints to the need for a complete overhaul of the way the federal government pays for and manages child welfare services on First Nations reserves,says a University of Lethbridge professor.

"I think it should be thrown out. I think they should start the whole thing over," saidLinda Many Guns, professor of Native American Studies.

In a decision handed down today, the tribunal found that the federal government discriminatesagainst children living on reservesby failing to provide themwith the same quality of welfareservices availableto childrenelsewhere in the country.

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When CBC's Alberta at Noonasked Many Guns to describe the state of child welfare services on reserves now, shereplied with one word: "abysmal."

"This horrific [funding] formula that they've been using that really isn't relevant to any community has finally been addressed by this tribunal," she said.

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"The message has been very clear, that there needs to be a case-by-case or band-by-band formula that's drafted that's mutually agreed upon," Many Guns said.

"Ithas to be based on need, rather than on somebody in Ottawa figuring out a formula of using numbers that we're not quite sure areeven factually based on reserve numbers," she said.

Money not the full answer

Internal federal government documents estimate the child welfare funding shortfall to be between 22 and 34 per cent, compared with provincial rates.

Justice Minister Jody Wilson-Raybould saidfixing the problem will undoubtedly cost money,but did not commit to aspecific figure.

"It's difficult to put a price tag on not providing indigenous children with the opportunity to be able to succeed," she said.

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Many Guns, however, said money is just one part of the solution.

"The other part of it is control by the specific bands. Each one of them has unique problems. Whether they're way up north or they're down south, their population bases are different.

"They have to have some development in whatever the program is. They have to get rid of this formula," she said.

"I'm hoping that the embarrassment of this might loosen up the purse strings, so at least some services could come through the present system and that an adjustment or initiative based on the bands' preferences could start to take place," Many Guns said.

"I don't think it's that difficult. We're an intelligent society, and we have systems already in place in each of the nations. They know what they need."