Ottawa to argue appeal of tribunal order to compensate First Nations children

Ottawa to argue appeal of tribunal order to compensate First Nations children

Assembly of First Nations estimated that 54,000 children and payment would exceed $2 billion

The federal Liberals say they are appealing a Canadian Human Rights Tribunal ruling on First Nations children because it limits the families that could receive compensation to only those affected in the last 13 years.

That appeal is underway today in Ottawa, where the Justice Department lawyers are expected to ask the Federal Court for a stay of execution of the tribunal’s September order that the federal government must compensate First Nations families who were inappropriately split apart by the child welfare system.

Instead, a settlement in a separate class-action case brought earlier this year will be pursued, the government said in a statement this morning from Marc Miller, the Montreal MP appointed last week as minister of Indigenous Services, and Justice Minister David Lametti.

Xavier Moushoom, an Algonquin man from Quebec was moved in and out of 14 foster homes from the time he was nine until he was 18. His lawsuit claims the federal government knew it was inadequately funding child welfare services for children on reserves and did nothing about it.

Miller and Lametti said that Canada “agrees it must fairly and equitably compensate First Nations children who have been negatively impacted by child and family policies. What we must do is seek an approach that will provide a fair and equitable resolution.”

“To that end, we will work with plaintiff’s counsel with the goal of moving forward with certification of the Xavier Moushoom and Jeremy Measwasige v. The Attorney General of Canada class action,” they said.

Federal lawyers began negotiating with the plaintiffs’ lawyers earlier this fall.

Measwasige was added as a new plaintiff when the original statement of claim was amended to increase the lawsuit from $3 billion to $6 billion. The 25-year-old from Nova Scotia was born with cerebral palsy, spinal curvature and autism. He battled the federal government to get adequate funding for essential services.

The class action case was filed last March. The human rights tribunal order came in September, requiring the government to pay $40,000 for every First Nations child who was inappropriately taken away from their parents after 2006, as well as similar compensation to parents or grandparents who had their kids inappropriately removed, and for children who were denied essential services.

The Liberals announced during the election they intended to appeal the ruling.

The Assembly of First Nations estimated that 54,000 children and their parents could be eligible for but which families would be covered had to be worked out in negotiation between the Assembly of First Nations and the First Nations Child and Family Caring Society, which brought the original human rights complaint forward in 2007.

The ruling said the government “wilfully and recklessly” discriminated against Indigenous children living on-reserve by not properly funding child and family services.

The Liberals decided in the midst of the election that they would appeal the decision, saying they agreed children deserved compensation but there were concerns with the tribunal’s findings. They did not specify at the time what they were unhappy about, but did say the election made it impossible to meet a Dec. 10 deadline for the compensation package.

Miller and Lametti said today the tribunal order only includes compensation for families since 2006, while the proposed class action suit goes back to 1991.

“The class action model is designed to give individuals the chance to have their interests represented, to address the interests of all impacted individuals and to allow parties to arrive at an appropriate resolution of past harms,” they said.

The Liberals’ decision to appeal the tribunal order bolstered criticism of Prime Minister Justin Trudeau’s commitment to reconciliation.

The government’s decision to petition the court to delay the effect of the ruling sparked more criticism on Sunday, when the Union of B.C. Indian Chiefs held a news conference in Vancouver and a led a march in the Downtown Eastside.

Several people who spent time in the child-welfare system said they were inspired to speak out after the Nov 13 death of a 29-year-old man who had few resources when he aged out of care and fatally overdosed in a shelter.

Jaye Simpson, who was in government care as a youth, said there’s no point in the government discussing reconciliation if the tribunal’s decision is challenged and discriminatory policies continue.

“All of us have the capacity to re-engage with our culture, our ceremony and life but that is being impeded by Trudeau’s unjust recognition of this,” she said.

Dawn Johnson, who also spent her childhood in care, said Ottawa doesn’t need to do any more consultations before ending discriminatory policies.

“They’ve been fighting this since 2006, so we’re going on 14 years that the government is wilfully and recklessly choosing economics and finances over the lives of children and families,” Johnson said.

“They’ve had plenty of time to cease the discrimination and have funnelled billions of dollars into taking Indigenous children to court and righting this. They need to cease the discrimination now. They need to compensate.”

Johnson said the higher cost of separating children from families comes from more Indigenous people behind bars, on the streets and in the mental-health system so compensation would be a cheaper alternative for the government.

ALSO READ: B.C. First Nations drop out of court challenge, sign deals with Trans Mountain

The Canadian Press


Like us on Facebook and follow us on Twitter.

Just Posted

Tammy Bradford, manager of the Creston Museum & Archives for the last 23 years, wants to welcome visitors to check out their exhibits and programs this summer. (Photo by Kelsey Yates)
Creston Museum encourages summer visitors to check out programs and activities

After some temporary closures of indoor exhibits due to COVID-19, the museum has re-opened to welcome visitors

Protestors blocking Columbia Avenue Saturday evening. Photo: Betsy Kline
Old growth protesters begin 24-hour blockade of Castlegar’s main street

Members of Extinction Rebellion plan to stay overnight

Nasukin Jason Louie of the Lower Kootenay Band poses under the mural in the administration building. The mural depicts past elders David Luke, Wilfred Jacobs, Isobel Louie, Charlotte Basil, and Louis White. (Photo by Kelsey Yates)
Lower Kootenay Band announces cross-border COVID-19 vaccine clinic

In partnership with the Kootenai Tribe of Idaho, the clinic will be held on National Indigenous Peoples Day

Forty sled dogs were seized by the BC SPCA from a Salmo kennel in February. A recent ruling has decided the dogs won’t be returned. Photo: Gounsil/Flickr
BC Farm Industry Review Board rules against Salmo kennel after 40 sled dogs seized

Spirit of the North Kennels was also ordered to pay BC SPCA $64,000

An old-growth stand pictured in Saook Bay on northeastern Baranof Island. Some individual trees were over six feet in diameter and many centuries old. (Photo courtesy of John Schoen)
E-Tips: Stop Deforestation

Trees are one of the regulators of our planet’s climate

At an outdoor drive-in convocation ceremony, Mount Royal University bestows an honorary Doctor of Laws on Blackfoot Elder and residential school survivor Clarence Wolfleg in Calgary on Tuesday, June 8, 2021. THE CANADIAN PRESS/Jeff McIntosh
‘You didn’t get the best of me’: Residential school survivor gets honorary doctorate

Clarence Wolfleg receives honorary doctorate from Mount Royal University, the highest honour the school gives out

Two-year-old Ivy McLeod laughs while playing with Lucky the puppy outside their Chilliwack home on Thursday, June 10, 2021. (Jenna Hauck/ Chilliwack Progress)
VIDEO: B.C. family finds ‘perfect’ puppy with limb difference for 2-year-old Ivy

Ivy has special bond with Lucky the puppy who was also born with limb difference

A million-dollar ticket was sold to an individual in Vernon from the Lotto Max draw Friday, June 11, 2021. (Photo courtesy of BCLC)
Lottery ticket worth $1 million sold in Vernon

One lucky individual holds one of 20 tickets worth $1 million from Friday’s Lotto Max draw

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

“65 years, I’ve carried the stories in my mind and live it every day,” says Jack Kruger. (Athena Bonneau)
‘Maybe this time they will listen’: Survivor shares stories from B.C. residential school

Jack Kruger, living in Syilx territory, wasn’t surprised by news of 215 children’s remains found on the grounds of the former Kamloops Indian Residential School

A logging truck carries its load down the Elaho Valley near in Squamish, B.C. in this file photo. THE CANADIAN PRESS/Chuck Stoody
Squamish Nation calls for old-growth logging moratorium in its territory

The nation says 44% of old-growth forests in its 6,900-square kilometre territory are protected while the rest remain at risk

Flowers and cards are left at a makeshift memorial at a monument outside the former Kamloops Indian Residential School to honour the 215 children whose remains are believed to have been discovered buried near the city in Kamloops, B.C., on Monday, May 31, 2021. THE CANADIAN PRESS/Darryl Dyck
‘Pick a Sunday:’ Indigenous leaders ask Catholics to stay home, push for apology

Indigenous leaders are calling on Catholics to stand in solidarity with residential school survivors by not attending church services

“They will never be forgotten, every child matters,” says Sioux Valley Chief Jennifer Bone in a video statement June 1. (Screen grab)
104 ‘potential graves’ detected at site of former residential school in Manitoba

Sioux Valley Dakota Nation working to identify, repatriate students buried near former Brandon residential school

Most Read