A Mi’kmaq mother from Nova Scotia, who was once in care, fears losing custody of her three disabled children because the federal government no longer wants to pay for their essential services.

Mary Isaac, a single mother living in Antigonish, Nova Scotia, was informed by Indigenous Services Canada (ISC) that she would be cut off on Thursday from federal funding for 24-hour in-home support and transportation services for his children.

“I feel lost,” Isaac told CBC News as the deadline approached.

“The whole process is absolutely traumatic… It’s not like I’m a neglectful parent.”

Isaac’s children are 4, 10 and 11 years old. They have high needs with diagnoses such as fetal alcohol syndrome, autism and attention deficit hyperactivity disorder.

Her children began receiving 24-hour services in September 2022 after Isaac was struck by a truck at an intersection while crossing the road in a wheelchair, according to documents filed in Federal Court.

Isaac used a wheelchair for most of her life because she has cerebral palsy, but she was able to go up and down the stairs in her home to put her children to bed until the collision.

“My mobility changed because of this unforeseen accident,” Isaac said. “I want to do everything to ensure that my children’s needs are met.”

Indigenous Services Canada temporarily extends its services

After hiring a lawyer and investigating by CBC News, Isaac was informed Thursday evening by the ministry that it would extend her support for another three weeks, while she contests the decision to cut off services.

Isaac was able to access services through a federal program known as Jordan’s Principle. The department’s intention to end funding for its family now raises serious concerns about how ISC is implementing the policy, which is supposed to ensure that the needs of First Nations children come first, regardless of the cost or the government paying for it.

“Rather than governments get together and come up with a plan … they said to Mary, ‘You have to find a solution,'” said David Taylor, a lawyer representing Isaac of Conway Litigation in Ottawa.

Taylor said he believed ISC contacted Nova Scotia Child Protective Services to inform them of Isaac’s situation, as they contacted him directly after the department informed the family that he wanted to terminate the services.

Isaac fears this means she will lose custody of her children. At the age of 10, she was removed from the Potlotek First Nation and placed in foster care. Taylor is appealing ISC’s decision and asking the Federal Court to intervene so history does not repeat itself.

Taylor said SAC did not want to continue funding Isaac’s children because he believed it was a provincial welfare issue. However, Isaac has been unable to find an alternative solution with the Nova Scotia government and is on several waiting lists for accessible housing.

CBC News asked Indigenous Services Minister Patty Hajdu for a response, but she said she needed more details.

“I wish I had a little more time to figure it out,” Hajdu said.

In a statement sent to CBC News, ISC said it could not provide information on specific requests. He added that requests for services are considered on a case-by-case basis to meet the distinct needs of each child.

“Double breach of Canada’s obligations”

Cindy Blackstock, executive director of the First Nations Child and Family Caring Society of Canada, said cutting off services for Isaac’s children would go against the Canadian Human Rights Act of the person.

“The case we are legally handling requires that Canada not discriminate on the basis of race and national and ethnic origin,” Blackstock said.

“They are also required by law to accommodate people with disabilities, so this is a double violation of Canada’s obligations.”

The federal NDP’s Indigenous affairs critic says Isaac’s case also raises serious questions about the federal government’s commitment to keeping Indigenous children with their families.

“Through her courage, she is helping to demonstrate that this Liberal government is not fulfilling its mandate,” said Nunavut NDP MP Lori Idlout.

Since 2016, Ottawa has set aside $8.1 billion to address the health, social and education needs of First Nations children through Jordan’s Principle, according to ISC. The ministry also says more than 7.8 million products and services were approved under the program during this period.

Isaac said she never thought the funding her family received through Jordan’s Principle would be withdrawn without any replacement services while she was still recovering from her injuries.

She says she feels abandoned by all levels of government and fears it’s only a matter of time before Child Protective Services comes knocking on her door.

“Jordan’s Principle really needs to focus on the needs of children rather than the cost of something,” Isaac said.

“What am I supposed to do when nothing else is available?” I thought Jordan’s Principle had an obligation to First Nations children to fill this gap. »