scholarly journals Meenoostahtan Minisiwin: First Nations Family Justice "Pathways to Peace"

Author(s):  
Joe Pintarics ◽  
Karen Sveinunggaard

Community justice initiatives are now common in Canada, both for young offenders and in adult criminal cases; there are only a few examples of alternative methods for dealing with justice issues in the area of mandated child welfare services. The initiative outlined in this paper represents one of the most comprehensive family justice initiatives in First Nations Child and Family Services in Canada. Meenoostahtan Minisiwin: First Nations Family Justice offers a new way of addressing conflict in child and family matters, outside of the regular Child and Family Services (CFS) and court systems. It incorporates the traditional peacemaking role that has existed for centuries in Northern Manitoba Cree communities, alongside contemporary family mediation. The program brings together family, extended family, community members, Elders, social workers and community service providers in the resolution of child protection concerns through the use of properly trained Okweskimowewak (family mediators). The Okweskimowewak’s role involves assisting participants to articulate their personal ‘truth’ (dabwe) and to hear and respect the dabwe of others; to create a safe and nurturing context by addressing inherent power imbalances; to explore the root causes of family conflict in order to address the long term best interests of children; and to facilitate innovative and collaborative planning outcomes for families. The program was developed by the Awasis Agency of Northern Manitoba, a mandated First Nations Child and Family Services agency, although it receives its services mandate from the Manitoba Keewatinowi Okimakanak (MKO) Exectuive. It is jointly funded by the Aboriginal Justice Strategy of Justice Canada and the Manitoba Department of Family Services and Housing. Overall direction for the program is provided by the First Nations Family Justice Committee, a sub-committee of the MKO Exectuive Director of Awasis Agency, and representative chiefs of the MKO region. The program currently employs a Program Coordinator, two full time regional Okweskimowewak, two full time community-based Okweskimowewak and an administrative assistant. Since its inception in 1999, the program has received referrals involving more than seven hundred families, including well over 1900 children and 1500 volunteer participants. Services have been provided in seventeen First Nation communities in Northern Manitoba as well as in Thompson, Winnipeg, The Pas, and Gillam. The Meenoostahtan Minisiwin program responds to all aspects of mandated child welfare, as well as other situations where the best interests of children are in jeopardy. These have included mediating care placement arrangements; child-parent conflicts; family-agency or family-agency-system conflicts; assisting in the development of service plans in neglect and abuse cases; advocating on behalf of families attempting to access services; family violence; larger community-wide conflicts; and working to address systemic problems which impact the lives of First Nations children and families. We believe that by establishing processes which focus on restoring balance and harmony within families and communities, we are working towards an overall increase in the health and wellness of community members. And you who would understand justice, How shall you, unless you Look upon all deeds In the fullness of light? Only then shall you know that the erect And the fallen are but one man standing in The twilight between the Night of his pigmy-self And the day of his god-self. K. Gibran

Author(s):  
Darcy Joseph Tootoosis

The inter-generational loss of Indigenous identity in Canada has been a result of Canadian Aboriginal policy in the past and present. The policies of the residential school era and the policies of today’s child welfare system lead to similar outcomes, particularly governmental determination of how the next generation of First Nations people are affected by the state. By 1997-1998, the Department of Indian and Native Affairs reported that First Nations child and family services were administering services to 70% of children on reserves, and that number was projected to increase to 91% by 2002. In 1940 when the residential school system was still in full use, there were almost 8,000 children in the schools across the country; compare that statistic to the year 2002 when there were over 22,500 First Nations children in the child welfare system, showing a progression of almost three times the number living in state care. The numerous social problems resulting from poverty are re-enforced by the Federal Government’s policy decision to neglect taking action despite their own commissions and research data. Procedural problems in child welfare administration arise due to government jurisdictions, which will also be discussed.


2015 ◽  
Vol 40 (2) ◽  
pp. 95-103 ◽  
Author(s):  
Cindy Blackstock

Many child welfare statutes protect children when caregivers jeopardise their safety and best interests, but what if the risk is sourced in government child welfare policy or practice? Instead of including provisions to hold governments accountable for placing children in harm's way, governments and their agents are largely protected against any systemic maltreatment claims made against them. This paper describes a precedent-setting case before the Canadian Human Rights Tribunal attempting to hold the Canadian federal government accountable for its systemic failure to ensure that First Nations children are protected from maltreatment linked to inequitable federal child welfare funding on reserves. The case is a rare example using an independent judicial mechanism with the authority to make binding orders against the government and enveloping the proceedings in a public education and engagement movement. Implications of the case for child rights in Canada and abroad are discussed.


2016 ◽  
Vol 25 (2) ◽  
Author(s):  
Ron S Phillips

In January 2016, the Canadian Human Rights Tribunal released its decision regarding the provision of Child and Family Services to First Nations living on reserves and the Yukon. The Tribunal found that the government of Canada had discriminated against First Nations children on the basis of their race. Many of the arguments made by the government of Canada to describe their actions in the provision of First Nations child and family services can be easily transferred to the provision of First Nations education programs and services to First Nations children throughout Canada. This article has replaced child and family services terms and phrases with education terms and phrases in the decision. Hopefully, the federal government of Canada will see the futility of fighting First Nations in education as they did in child and family services. It is time to provide First Nations students on reserves a comprehensive system of education.


2019 ◽  
Vol 27 (1) ◽  
pp. 3-12
Author(s):  
Colleen Sheppard

The Truth and Reconciliation Commission of Canada (TRC) was mandated to “document the individual and collective harms” of residential schools and to “guide and inspire a process of truth and healing, leading toward reconciliation.”  The stories of survivors revealed the intergenerational and egregious harms of taking children from their families and communities. In seeking to redress the legacy of the residential schools era, the TRC Calls to Action include greater recognition of self-governance of Indigenous Peoples, as well as numerous recommendations for equitable funding of health, educational, and child welfare services.


Author(s):  
Sandrina de Finney ◽  
Jacquie Green ◽  
Leslie Brown

This article documents the development of the newly launched Indigenous Child Welfare Research Network in British Columbia. This Network is a provincial association of researchers, service providers, community members and policy makers with an interest in using Indigenous research in the transformation of child and family services. Rooted in a vision for healing and the inclusion of diverse voices, Network Initiatives seek to reclaim Indigenous ways of knowing and doing and reposition them at the core of child and family wellness initiatives. The Network provides a space for critical dialogue about Indigenous research, as well as opportunities for researched-related training, knowledge transmission and resource sharing.


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