Good morning.
You know that we are two of the authors of the Yellowhead report card on Bill C-92. I believe you've been provided with that report, and you know that in our report we found significant problems. That said, we do believe that the legislation has good spirit and intent behind it, but there are some key improvements that we believe must be made in order for it to be effective.
We're going to split our time. What I'm going to focus on is why we believe it is so important for the bill to address funding and accountability. This is intertwined with jurisdiction because, really, if there is no funding and accountability built into this act, what this bill will do is merely provide indigenous people with the jurisdiction to legislate over their own poverty.
I've seen the blackline version that Cindy Blackstock has been circulating, and I believe members of this committee have a copy of that. I do believe that what is proposed in the suggested amendments on funding and accountability are workable solutions.
We really believe that this bill is an opportunity to make a difference in such an important area. It has been said by many, including the TRC and the Canadian Human Rights Tribunal, that the child welfare system is today's modern incarnation of the residential school system. You as lawmakers have a really historic opportunity before you to do something, perhaps, that previous parliamentarians didn't do or couldn't do. I urge you to do this right, because if you don't and you produce something that is just a hollow gesture, then that's not sufficient for indigenous children.
A lot of my writing as an academic has been on how child welfare is a very problematic area in terms of how it is structured with respect to first nations issues. It suffers from major systemic problems and structural design problems. I have a very long paper on it if you want to read it, but just to give you the high points of it, it's a system that has been in place for almost 70 years. A key feature of it is jurisdictional neglect, meaning that neither the federal government nor the provincial governments have ever really wanted primary jurisdiction in this area. Both argue that the other is accountable to provide services in this area, and indigenous issues and first nations issues become a jurisdictional hot potato. This leaves indigenous kids in a vacuum and creates risks and uncertainty, and that's in nobody's interest.
The system has also allowed underfunding to continue knowingly for over a decade by Department of Indigenous Affairs officials, while at the same time going unnoticed by parliamentarians and Canadian society more broadly. The system as it's currently structured really doesn't provide oversight and accountability, and we desperately need it. The way the system has been structured also creates a terrible power imbalance, where first nations have really very little means to challenge the system and to hold officials accountable.
But for Cindy Blackstock and the AFN bringing their case forward, we wouldn't be here. It's so important to remember that case. The case is a real watershed for a couple of major reasons. First, it not only found that indigenous services are underfunded but also that indigenous people are entitled to funding and services that meet their needs and circumstances, just like all other Canadians. The decision is also very clear that it is the responsibility of the federal government under 91(24) to provide these services and funding.
With that said, I am a proponent of the federal government legislating in this area, but it cannot just be about recognizing jurisdiction alone. That is a necessary part, but it is not sufficient on its own. The law also needs to put in funding mechanisms and accountability measures. Funding should not be made contingent upon first nations and other indigenous groups reaching an agreement with provincial governments. Really, the buck should stop with the federal government. If the federal government feels that the provinces should be kicking in some money as well on this, then leave that to the feds and the provinces to negotiate.
Do not put it on the backs of indigenous people, who have historically faced some massive power imbalances, to have to try to negotiate it themselves. It's not going to work and we're just going to be left legislating our own poverty. That sort of approach, leaving it to the feds and provinces to work out if they want to share money, is consistent with Jordan's principle.
I'm running short on time. I echo the sentiment that there needs to be an independent decision-making body with the ability to make binding decisions on accountability. The proposal I've seen is to allow the Canadian Human Rights Commission to be the body to do that as a last resort. I believe that makes a lot of sense, although I encourage dispute resolution mechanisms built within the system.
Finally, I believe that consistent with call to action 2, there needs to be mandatory data collection as part of the accountability measures built into this bill.
Thank you.