Saturday, June 18, 2016

Cut the Bureaucratic BS -Kids are dying!!!

In a landmark ruling released in January 2016, the Canadian Human Rights Tribunal found the Canadian government was racially discriminating against 163,000 First Nations children living on reserve.

Among the remedies is the full implementation of Jordan's Principle.

Jordan's Principle was established in response to the death of five-year-old Jordan River Anderson, a child from Norway House First Nation who suffered from Carey Fineman Ziter Syndrome, a rare muscular disorder that required years of medical treatment in a Winnipeg hospital. After spending the first two years of his life in a hospital, doctors felt he could return home. However, the federal and provincial government could not resolve who was financially responsible for the necessary home care in order for Jordan to return to his family in his home community 800 kilometers north of Winnipeg. After spending over two years in hospital unnecessarily while governments argued over who should pay for his at-home care, Jordan died in a hospital in 2005.

Jordan's Principle is a child first principle used in Canada to resolve jurisdictional disputes within, and between governments, regarding payment for government services provided to First Nations children. Under this principle, where a jurisdictional dispute arises between two government parties (provincial/territorial or federal) or between two departments or ministries of the same government, regarding payment for services for a Status Indian child which are otherwise available to other Canadian children, the government or ministry/department of first contact must pay for the services without delay or disruption. The paying government party can then refer the matter to jurisdictional dispute mechanisms.

The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC, CROC, or UNCRC) is a human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The Convention defines a child as any human being under the age of eighteen, unless the age of majority is attained earlier under a state's own domestic legislation.[4]
Nations that ratify this convention are bound to it by international law. Compliance is monitored by the UN Committee on the Rights of the Child, which is composed of members from countries around the world. Once a year, the Committee submits a report to the Third Committee of the United Nations General Assembly, which also hears a statement from the CRC Chair, and the Assembly adopts a Resolution on the Rights of the Child.[5]

Canada became a signatory to the Convention on 28 May 1990[18] and ratified in 1991.[19] Prior to ratifying the treaty, Canada's laws were either largely or entirely in conformity with the treaty. Youth criminal laws in Canada underwent major changes resulting in the Youth Criminal Justice Act (YCJA) which went into effect on 1 April 2003. The Act specifically references Canada's different commitments under the Convention.
The convention was influential in the following administrative Law decision of Baker v Canada (Minister of Citizenship and Immigration).

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