Court Rules Against First Nations Adoption Policy

CBC

A Saskatchewan Queen’s Bench judge has struck down the provincial government’s policy on the adoption of First Nations children. Under the policy, the Saskatchewan Community Resources Department would not put First Nations children up for adoption without the consent
of their band.
In a recent case, the Surgeon Lake band had refused consent for the adoption of five children on the grounds it didn’t want them adopted by non-aboriginal parents.
The band was concerned the children would lose their connections to their culture and community. However, Prince Albert Justice Jacelyn Ann Ryan-Froslie ruled the existing policy left some children in foster care “limbo”. It can result in children being shuffled through numerous foster homes with a “far-reaching and devastating” effect, she said.
“There is no reason why children cannot have a permanent, stable and loving home through adoption and still be guaranteed a connection with their family,” Ryan-Froslie wrote in her 50-page decision. The judge also said the current policy violates the children’s constitutional rights to equality, liberty and security of the person.
Debra Parker-Loewen, Saskatchewan’s Children’s Advocate, wouldn’t comment directly on the court decision, but said it’s time for a new approach on adoptions.
“I don’t think there’s one answer for every child,” she said. “I think there’s many answers just like there are many different kinds of family constellations and many different ways of sorting out what’s in the interests of children.”
Parker-Loewen said the current policy was a well-meaning attempt to help First Nations children keep their culture. However, she said, that can still be done even if they are adopted into non- native homes.

Good news.
update – Be sure to read what Raskolnikov has to say in the comments. And then, go read this first rate rant.

8 Replies to “Court Rules Against First Nations Adoption Policy”

  1. Someone familiar with the foster care system told me that the primary motivation of bands in keeping these kids in the “First Nations community” is to keep payments rolling in to the band.

  2. I would say that is a pretty broad brush you are painting the bands with. What evidence do you offer to support this type of statement?

  3. How about the evidence from an Indian who has heard it all before?
    Children are simply pawns for most bands. They pay lip-service to such nonsense as “cultural-connections” simply to ensure that reserves have enough bodies to keep the federal funds coming.
    The fact is that many bands are getting paid for off-reserve indians who never have lived, or have not lived for decades, on-reserve. The feds give bands money for these people who are supposed to be on-reserve, while in fact they are living in the city or a town off provincial money via welfare and health, family services and so on.
    I know the scam, alright? I’ve heard it all before.
    If I wanted to be taught indian culture, the last place I would go is a reserve. Major cities are the best places to get a cultural education. That’s where the money goes for cultural programs.
    On the reserve all the money goes to the chief and council who then play God.
    95% of that money is supposed to be for housing and welfare payments.
    On-reserve education is appaling and has little room for “cultural components”.
    Is every reserve like this? No. But many are.
    Besides, you would have to be illiterate or clueless to imagine that it is difficult to find taxpayer-funded cultural programs in any city town or village over 500 people.
    All these adopted kids have to do is pick up a phone book and they’ll have dozens of agencies, organizations and groups to teach them their culture.

  4. Beltway Traffic Jam

    The daily linkfest:
    Fontana Labs ponders the ettiquette of faculty-student affairs.
    Spoons has paid money to SixApart to screw up all the permalinks to his blog.
    Steven Taylor wonders why Rehnquist hasn’t retired yet.
    PunditGuy proclaims th…

  5. What’s wrong with subjecting orphans to far-reaching and devastating effects if you can get a few more bucks from the feds?
    Signed,
    Maurice Duplessis
    P.S. All these federal transfer payments prove that Canada is a caring country. Or a half-assed country in which the powerful prey on the weak, I’m not sure which.

  6. Careful, Justzumgai. Norm hath knowledge by interception you dream not of. Saying that Canada is “half-assed” is apparently punishable by exile; consistently treating it as a half-assed country, as the Liberals do, carries only the penalty of indefinite re-election.

  7. Adoption and race

    Since two of my three children joined our family via adoption and are also of a different “race” than my husband and I are, I’ve done a lot of soul-searching over the past ten years…

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