Indian and Inuit Family Law and the Canadian Legal System (original) (raw)

1980, American Indian Law Review

There is also a tendency for poorer communication with clients and a lower quality of services to result as a further repercussion of cultural misunderstanding. Neil Stuart, in a recent report on the quality of child welfare services delivered to the Indian population of the Sudbury and Manitoulin districts, stated that: "Indians in care are less likely to get specialized services than other children, were more likely to stay in care longer than non-Indian children, and were less likely to be discharged home. Workers on Indian cases were more likely to be less experienced than workers in non-Indian cases."" Even the most conservative figures, which will omit many Metis and nonstatus Indian children, demonstrate that in "1977 about 20 per cent of all children in care in Canada, that is 15,500 children, were native children." ' 2 Depending upon one's sources, the rate of status Indian children in the case of child welfare agencies is approximately two' 3 to five times the national average.' 4 The statistics in some provinces are frightening. The number of native children in care range as high as 39% in British Columbia to 44% in Alberta to 51.5% in Saskatchewan and 60% in Manitoba.'" Even in Ontario where the rate is only 9%/ it does run as high as 19% in northern agencies.' 6 These figures are even more startling when one realizes that the divorce rates of status Indians are only one half the national average 7 and the proportion of children released for adoption at birth, or thereafter, by unmarried native women is dramatically less than the general pattern. 8 Despite the fivefold increase in child care expenditures by the federal Department of Indian Affairs and Northern Development (DIAND) over the last two decades,' 9 family conditions on reserves are deteriorating. The increase in the federal financial commitment to child care expenses for status Indians has neither minimized this tragedy nor has it provided any tangible benefits to Indian communities. When native children do come into the care of child welfare 11. N. Stuart, "Study of Child Welfare Services Provided to Indian People in the Sudbury and Mani Districts" (Ottawa, Sept. 1978, unpublished), at 45. 12. Id. 13. Id. at 112.