In February 2007, a human rights complaint was filed by the First Nations Child and Family Caring Society (the “Caring Society”) and the Assembly of First Nations (“AFN”) against the Government of Canada, alleging that the government discriminated against First Nations children by providing inequitable child welfare services to children living on-reserve as compared to children living off-reserve (First Nations Child).

In particular, the First Nations Child complaint alleges that the federal government’s program underfunds children living on-reserve, such that children do not receive needed care and support that would permit them to continue to live at home and, as a result, First Nations children are disproportionately removed from their families in comparison to non‑First Nations children. The impact of the child welfare system on First Nations communities has been compared to the legacy created by the residential school system.

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