Through identifying the effect of past and current colonial structures surrounding the social, economic, and political conditions of Indigenous peoples in Canada, it is evident this group can be recognized as a marginalized group within the Canadian population. In particular, there is a vast amount of discrimination that takes place against Indigenous children within the child welfare system.

The increasing number of Indigenous children placed into the foster care system can often be described as a humanitarian crisis. Kyle Edwards, an Indigenous journalist, speaks on the overrepresentation of Indigenous children within the child welfare system having a correlation to the shortfalls in terms of funding on essential goods and services. This crisis is harming the next generation of Indigenous youth. According to Statistics Canada, 48% of foster children younger than the age of 14 are Indigenous. This forced disconnection from one’s family, culture, and identity is tied closely with increasing rates of deficits in the Indigenous population such as suicide and depression. Edwards describes that Canada’s colonial legacy has paved the way for present-day assimilation. Jane Philpott, Canada’s Indigenous services minister believes by providing adequate goods as well as addressing social determinants of health, must be done in order to reduce children being removed from their family home for unacceptable reasons such as poverty.

It is crucial to examine the focal points of interaction between the Canadian legal system and the Indigenous peoples of Canada. Various forces have the ability to hinder the development of legal frameworks between the state and Indigenous peoples. The evident lack of government funding within child welfare and social services creates toxic cycles of poverty. Evidently, this is creating the stigma that foster care is in fact a solution. However, the root of the problem can be traced back to colonialism, which purposely underfunded social services in Indigenous communities. When discussing legal implications, the federal government holds the responsibility for funding regarding on-reserve services. This leaves provincial and territory governments responsible for the rest of the services available. The problem that lies within this model is there is no consistency for funding on a provincial and territorial level. For example, when looking at the policy of Directive 20-1, there is a  reliance on the components of child population size as well as the maintenance of children in and out of foster care. For example, in Manitoba, CFS (Child and Family Services) are seizing approximately one newborn child per day. The issue arises concerning Canadian colonial legacy as more Indigenous children are being placed in the foster care system than residential schools. The Truth and Reconciliation Committee addresses child-welfare as one of the various actions. It is stated that there must be a commitment to increasing funding for Indigenous welfare, establishing national standards, and a reduction of Indigenous children in the welfare system.

The lack of adequate funding within the child welfare system as well as the underdevelopment within national standards and practices have left Indigenous children in a state of intergenerational neglect and poverty. Thus, hindering the state of Indigenous culture, families, and ultimately a sense of identity.