The Blackfoot Confederacy, which consists of Siksika Nation, Kainai Nation, and Piikani Nation, joined together at a press conference today to announce a complaint they filed against Indigenous Services Canada (ISC) for systemic discrimination against adult members of the Blackfoot Nations living with developmental disabilities through the Persons with Developmental Disabilities program.

The complaint has been filed with the Canadian Human Rights Tribunal, and it says the Federal Government has failed to support Indigenous adults with disabilities within the Nation. Carly Fox, a lawyer with Fox Fraser LLP who is representing the Blackfoot Nations, explains there wasn't support for disabled Indigenous people.

"All of these families have a choice. They can either stay at home and live on the reserve with their culture, with their communities. Or they can move off reserve in order to access services that are essential for the health and well-being of their loved ones," she said 

"Being a First Nations person who lives on reserve should not mean that you don't have access to health services that other people in Alberta receive. The Blackfoot Nations are seeking equitable and stable funding so they can create comprehensive and culturally appropriate programs, supports, and services to meet the needs of their citizens."

Chief Ouray Crowfoot of Siksika Nation emphasized that the Blackfoot Nations aren't asking for anything beyond what other Albertans receive, and is only interested in delivering the same quality of care to the First Nations that people living elsewhere receive.

"We're Albertans, just like everybody else is Albertans. Our members shouldn't have to leave the reserve to receive the same treatment you would in Calgary, or any other municipality. So it's not like we're looking for anything new. It's just asking for that fair and equitable treatment," he said.

"If we're asking our people that need the most support to move away from their core support area, and be able to receive those kinds of programs, well, that's just unheard of. It shouldn't be in 2022, that we're standing before you now."

Chief Ouray CrowfootChief Ouray Crowfoot

Crowfoot explained this has been a problem for years, and has been raised with both the UCP and the NDP, when they were in power. While the complaints were raised with the Provincial Government, it's actually the Federal Government that send funding and supports. Tracy Mcewen, a member of Siksika Chief and Council, has personal experience with this, as 30 years ago her sister was sent away from Siksika to receive care elsewhere. Mcewen said Siksika and Blackfoot have been speaking about this for a long time, but since there was a lack of action a lawsuit has been filed.

"When you look at the PDD (people with developmental disabilities) website, the provincial website for persons with developmental disability funding, it says every person living with a developmental disability can live as meaningful and as high a quality of life as independently as possible within their communities. And then when you read further down, it says if you reside in the province of Alberta, on a First Nations reserve, speak to your Federal Government. So when we're asked, 'Well, have you even applied?' The website says there's no need to because you are not the right kind of Albertan, you are not the one that we take care of. And this is why we're here. This is why this claim has been filed. We've knocked on all of those doors," Mcewen said

"The option of: do you stay home and live in your community without those programs and services, or do you leave the reserve to get those essential needs? How is that an option? How is that a good option for any parent? Any guardian?" she added.

"Another form of colonialism"

Theodore Terry Provost of Piikani Nation says the discrimination against Indigenous people with disabilities is part of a bigger, deeper issue, which stems from Canada's colonial history with Indigenous peoples.

"This is an issue that is deep, deep, deep, deep in our communities. It's another form of colonialism. It's another form of discrimination. We need to end this way of thinking, this way of viewing the world. We are essentially losing our children. They leave, become adults, and they have to leave for services off the reserve," Provost said.

Provost used to be a social worker, and he says there was a case where a 15-year-old boy had to leave Piikani Nation and go to Lethbridge. He says this boy was cut off from his family, friends, and community, and no one should have to go through that, as care should be available on reserve for Indigenous people.

"We have the people who care in our communities. But yet again, the Provincial Government, the Federal Government, it's just another form of the boarding school, the residential school system. It has to stop. And we're the ones that have to step forward."

Fox said there is no current timeline for this lawsuit, as the Human Rights Commission is dealing with quite a bit of lag due to covid. But she hopes the commission recognizes there is discrimination and that the First Nations can enter into negotiations with the Federal Government as soon as possible.