Sam Odrowski
The chiefs of the Treaty #3 First Nations have taken a stand for indigenous youth in the classroom.
At an assembly earlier this month, they passed a resolution instructing lawyers for Grand Council Treaty #3 to file a motion with the Ontario Superior Court of Justice to seek intervenor status in the litigation regarding the province’s decision to scrap the 2015 sex-ed curriculum.
The motion to intervene was heard on Oct. 18 and intervenor status was granted by court order on Oct. 23.
Grand Council Treaty #3 now will participate in the litigation between the province and the Elementary Teachers Federation of Ontario (ETFO).
A related proceeding has been commenced by the Canadian Civil Liberties Association (CCLA), which will be heard alongside the ETFO suit.
As an intervenor, Treaty #3 lawyers will make submissions on all issues before the court pertaining to how the changes to Ontario’s education curriculum will disproportionately disadvantage indigenous youth and infringe on their Section 7 and 15 rights under the Charter of Rights and Freedoms.
Section 7 pertains to the right to life, liberty, and security of a person while Section 15 is the right to equality.
“An indigenous perspective is important for this litigation because indigenous young people are a vulnerable group in our society who are uniquely impacted by health and education policies,” said Douglas Judson, a local lawyer and staff advisor to Grand Council Treaty #3.
“It’s important that we deliver a modern, inclusive, and fact-based health curriculum to indigenous youth because they are far less likely than their peers to get that information outside of school, which exposes them to greater risk of harm when vital curriculum topics are rolled back,” he noted.
An affidavit filed by Treaty #3 attests that indigenous young people are at increased risk of experiencing domestic and gender-based violence or abuse, often live in communities with limited health resources or infrastructure, and continue to experience difficulty accessing higher levels of education where further health resources or information may be available.
Indigenous groups also demonstrate concerning sexual health statistics compared to other populations.
Ogichidaa Francis Kavanaugh, the Grand Chief of Treaty #3, said the current curriculum is silent on important topics such as same-sex marriage, online behaviour, consent, and LGTQ2 issues.
“It is very badly outdated and for our First Nations’ kids, that’s pretty bad in my eyes,” Grand Chief Kavanaugh told the Times.
He’s concerned that if First Nations’ students don’t receive proper sex-ed information, they could be put at a higher risk of developing mental health issues and could find themselves at heightened risk of self-harm.
Indigenous youth are uniquely vulnerable due to the intergenerational trauma caused by the residential school system, the so-called “’60s Scoop,” and the government’s colonial/discriminatory policies that have reflected a “cultural genocide” for First Nations people, Grand Chief Kavanaugh noted.
“We’re already very marginalized,” he remarked.
The intergenerational trauma inflicted by these wrongdoings have made indigenous youth less likely to have relationships with strong mentorship and strong communication that provides guidance on health and sexual education information, Judson said.
The court will hear from ETFO, CCLA, Treaty #3, and two other intervenors in January.
The provincial government has expressed interest in working with indigenous groups to ensure indigenous content is part of the curriculum, and Judson hopes this intervention can be helpful in reaching that objective.
But he’s critical of the consultation strategy currently underway using the province’s website at https://www.ontario.ca/page/for-the-parents
“There is a lot of concern that the approach that’s being taken will not result in a modern, inclusive curriculum that’s in-step with the Charter, the Ontario Human Rights Code, or the needs of kids from vulnerable groups,” Judson noted.
“There is no comprehensive consultation strategy in place, it is entirely ad hoc, based on the response to a website, and we fear that the outcomes have been pre-ordained,” he added.
A telephone town hall is slated for Wednesday, Nov. 14 to get input from people living in Northwestern Ontario.
To provide input, people can register for the 90-minute session at: https://www.ontario.ca/form/register-telephone-town-halls-about-education-ontario
