LAO, Windsor Law announce project to reduce Indigenous overrepresentation in child protection cases

Legal Aid Ontario (LAO) and the University of Windsor Faculty of Law (Windsor Law) are collaborating on an initiative that intends to address the overrepresentation of Indigenous families in child welfare cases. 

In a news release, LAO shared that the project seeks to support meaningful progress toward attaining long-term systemic improvements and achieving equity in child protection matters for Indigenous clients. 

LAO stated that the initiative aims to improve legal education for lawyers and law students alike on Bill C-92, An Act respecting First Nations, Inuit, and Métis children, youth, and families. 

“An Act Respecting First Nations, Inuit and Métis children, youth and families, affirms the inherent right that Indigenous peoples have over child and family services and supports a community’s ability to implement their own laws and solutions,” said Fallon Melander, LAO associate vice president of Indigenous services, in the news release. 

“This landmark legislation acknowledges Indigenous legal traditions and affirms the vital importance of children maintaining connection to their culture,” Melander added. “It significantly transforms how child welfare matters are approached.” 

In its news release, LAO explained that the project strives to foster culturally competent legal support networks and, via a strategic approach, design a culturally relevant curriculum, training, and resources for lawyers and law students assisting Indigenous families. 

According to the news release, LAO and Windsor Law plan to establish relationships and engage with First Nations, Indigenous communities, legal professionals, and researchers in an effort to: 

• Drive more lawyers to take on cases involving child protection and well-being 
• Help these lawyers handle such cases more competently 
• Ensure that learning materials and programming align with the lived experiences and cultural values of First Nations and Indigenous communities, as well as reflect their community-driven approaches to child and family well-being 

“We look forward to working with the various Nations, the University of Windsor and other justice participants in southwestern Ontario to ensure the best possible outcomes for Indigenous children and families,” Melander said in the news release. 

LAO noted that the initiative, which launched last May, will operate for two years and focus on southwestern Ontario. In its news release, LAO acknowledged that the project received support from the Law Foundation of Ontario through $425,000 in funding. 

Project context

LAO noted that Indigenous individuals comprise only about 2.9 percent of the provincial population. However, LAO pointed out that Indigenous clients make up over 23 percent of legal aid child protection certificates. 

In its news release, LAO stressed that one of its strategic objectives is to decrease the current overrepresentation of Indigenous children in child and family services systems and state wardship.