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VULNERABLE - The Law, Policy and Ethics of COVID-19
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389Systemic Discrimination in Government Services and Programs and Its Impact on… needs and circumstances of First Nations children and families liv- ing on reserve—including their cultural, historical and geographical needs and circumstances.” According to the CHRT panel, substantive equality in services for First Nations children could not be achieved through applying ad hoc and piecemeal measures to the funding. It analogized: It is like adding support pillars to a house that has a weak founda- tion in an attempt to straighten and support the house. At some point, the foundation needs to be fixed or, ultimately, the house will fall down. Similarly, a REFORM of the FNCFS Program is needed in order to build a solid foundation for the program to address the real needs of First Nations children and families liv- ing on reserve.29 In retrospect, the CHRT’s conclusion that the Government of Canada had been aware for many years of the harmful impact of its discrimi- natory behaviour on First Nations children, but nevertheless did not act, foreshadowed its inability or unwillingness to immediately cease its unlawful conduct. Faced with Canada’s inaction following its decision on the merit of the complaint, the CHRT was required to issue nine further remedial orders in which it specified with preci- sion the measures the federal government needed to take to comply with its legal obligations under the CHRA. Of most relevance to the current situation, Canada was ordered to cease unnecessarily real- locating funds from other social programs, especially housing, to compensate for shortfalls or increased costs in its FNCFSP;30 to fund requests for services to First Nations children that are culturally appropriate and necessary to safeguard their best interests, and to fund certain services and programs for First Nations children based on their actual costs.31 While the CHRT’s ruling and remedial orders relate specifically to FNCFSP and Jordan’s Principle, the decision clarifies the legal stan- dard with which Canada must comply to satisfy its obligations under the CHRA in the provision and funding of all services and programs to 29. Caring  Society  2016, supra note 3 at para 463. 30. First  Nations  Child  &  Family  Caring  Society  of  Canada  et  al  v  Attorney  General  of  Canada  (representing  the  Minister  of  Indigenous  and  Northern  Affairs  Canada), 2018 CHRT 4 at para 422. 31. Ibid at para 462.
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VULNERABLE The Law, Policy and Ethics of COVID-19
Title
VULNERABLE
Subtitle
The Law, Policy and Ethics of COVID-19
Authors
Vanessa MacDonnell
Jane Philpott
Sophie Thériault
Sridhar Venkatapuram
Publisher
Ottawa Press
Date
2020
Language
English
License
CC BY-NC-ND 4.0
ISBN
9780776636429
Size
15.2 x 22.8 cm
Pages
648
Categories
Coronavirus
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