Resisting Canada’s “old mindset” in the fight for First Nations children's human rights

• In Event: Routledge International Handbook on Decolonizing Justice – Panel I

Abstract

Achieving equity and authentically working towards decolonization for First Nations children in Canada is obstructed by a mindset of colonialism that privileges the best interests of government over the needs, rights and best interests of children. In a landmark 2016 decision, the Canadian Human Rights Tribunal (Tribunal) found the Government of Canada to be discriminating against First Nations children in its provision of child welfare funding and failing to properly implement Jordan’s Principle, a child-first principle named in memory of Jordan River Anderson, to ensure that First Nations children get the help they need, when they need it. The Tribunal has cited Canada’s “old mindset” as a barrier to achieving government compliance and ending its discrimination against First Nations children. By examining the Canadian government’s conduct in light of ongoing Tribunal orders, the authors point to indicators of the colonial “old mindset” and how these patterns of thought, behaviours, policies and practices gives the Government of Canada leave to continue discriminating against First Nations children. The authors investigate how the individual actions and ideologies of government bureaucrats reinforce the systemic colonial “old mindset” and how First Nations may come to accept the colonial mindset, in some cases adopting the patterns themselves, suppressing their authentic mindsets and reinforcing the systems and structures they seek to disrupt.

Authors

• Brittany Mathews, First Nations Child & Family Caring Society

• Jennifer King, First Nations Child & Family Caring Society

• Cindy Blackstock, First Nations Child & Family Caring Society