STC accepts Court of Queen's Bench ruling
- EFN Staff | July 04, 2016
UPDATE: Court of Queen's Bench Justice Lian Schwann has ruled in favour of the province and calls on the Saskatoon Tribal Council to hand over relevant files to the Ministry of Social Service.
Below is a statement from STC Tribal Chief Felix Thomas.
"A decision was rendered today (Thursday, June 30) 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."
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The battle between the Saskatoon Tribal Council and the Province of Saskatchewan over jurisdiction of child welfare has continued in a Regina courthouse. Led by Tribal Council Chief Felix Thomas and Vice Chief Mark Arcand, over 100 people marched in unity from their hotel to the downtown court of Queen’s Bench to hear deliberations over jurisdiction and information sharing on case files held by their Child and Family Services agency.
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.
Related: Opinion: Tribal Chief says STC won't let province take over First Nations children in care
The original agreement was negotiated to provide joint responsibility and joint protective mechanisms which were in the best interests of the children. The Province has terminated most of these agreements and forced First Nation agencies to enter into Delegation Agreements which subordinate the First Nations to the position of agent of the Province when it comes to protecting First Nations children. The Tribal Council has stated that this is unacceptable and has fought hard to maintain its equal standing as an accredited agency with its own First Nations policies.
The Province has moved to strip the tribal council of its jurisdiction over child welfare. The Tribal Council has now filed for an interim injunction against the Province.
“The bilateral agreement we signed declared us equal partners in caring for our children. Our sovereign rights as nations are not being honoured when we are addressed as a subsidiary party by the Ministry,” said Tribal Chief Felix Thomas outside of the courthouse. “The kids are safe and we know where they are and I challenge the Ministry to tell us where 67 of their kids, or more than 100 in Saskatoon that are roaming the streets that are runaways in Saskatoon. Do they know where their kids are?”
How we got here: STC and province enter dispute over child welfare files
Chief Thomas continued to insist that their leaders have never abdicated the responsibility for their children and that they never will. “We are grateful for the support we’ve had from leadership and community members in this matter. It shows this matter is not just an STC matter, that other nations and community members believe strongly in First Nations care over First Nations children,” added Chief Thomas. “We remain focused on our children’s safety ensuring no irreparable harm is done. Our children’s safety and wellbeing is paramount.”
Justice Schwann has reserved her decision. It is expected later in July.