Coverage of some of the tremendous problems with Canada’s foster care system.
According to a report from B.C.’s representative for children and youth, although Indigenous children are less than 10 per cent of the population, they account for 62 per cent of children in government care.
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Here is the 7-2 opinion in Ktunaxa Nation Council v. Minister of Forests:
An excerpt:
The Ktunaxa are a First Nation whose traditional territories include an area in British Columbia that they call Qat’muk. Qat’muk is a place of spiritual significance for them because it is home to Grizzly Bear Spirit, a principal spirit within Ktunaxa religious beliefs and cosmology. Glacier Resorts sought government approval to build a year-round ski resort in Qat’muk. The Ktunaxa were consulted and raised concerns about the impact of the project, and as a result, the resort plan was changed to add new protections for Ktunaxa interests. The Ktunaxa remained unsatisfied, but committed themselves to further consultation. Late in the process, the Ktunaxa adopted the position that accommodation was impossible because the project would drive Grizzly Bear Spirit from Qat’muk and therefore irrevocably impair their religious beliefs and practices. After efforts to continue consultation failed, the respondent Minister declared that reasonable consultation had occurred and approved the project. The Ktunaxa brought a petition for judicial review of the approval decision on the grounds that the project would violate their constitutional right to freedom of religion, and that the Minister’s decision breached the Crown’s duty of consultation and accommodation. The chambers judge dismissed the petition, and the Court of Appeal affirmed that decision.
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An excerpt from the statement summary:
Statement Summary:
JUSTIN TRUDEAU, Prime Minister of Canada, recalled that, throughout his country’s history, it had worked hard to achieve its ambitions at home and elsewhere in the world. Canada was built on the ancestral land of indigenous peoples, he recalled, and was regrettably a country that came into being without the meaningful participation of those who were first there. The indigenous peoples were the victims of a Government that did not respect them, their traditions, their attributes, their way of governance, or their laws. They were victims of a Government that sought to rewrite their unique history and refused to protect the lands and water. It was a great shame that that lack of respect persisted today.
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Indigenous Law Journal – Call For Submissions!Please download our Call for Submissions! Deadline: September 1, 2017 Please contact the Submissions Manager prior to making an oral submission, or to submit written work: submissions.ilj@utoronto.ca If someone you know would like to receive future calls for submissions, please signup here (link)! You may unsubscribe from our list using the link at the bottom of this email. Sincerely, Ben Hanff, Josh Favel, Catherine Ma |
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