VIDEO: More First Nations kids deserve child-welfare compensation, federal lawyers argue

VIDEO: More First Nations kids deserve child-welfare compensation, federal lawyers argue

Government had been ordered to pay $40K for each child taken away from parents after 2006

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 those affected in the last 13 years.

That appeal is underway Monday in Ottawa, where Justice Department lawyers are asking the Federal Court for a stay of the tribunal’s September order that the federal government must compensate First Nations families that were wrongly split apart by the child-welfare system.

The ruling said the federal government “wilfully and recklessly” discriminated against Indigenous children living on-reserve by not properly funding child and family services. As a result, children were sent away from their homes, families and reserves because if they lived off-reserve, they would be covered by better-funded provincial systems.

Justice Department lawyer Robert Frater argued the tribunal’s judgement imposes a one-size-fits-all solution to an issue of systemic discrimination against Indigenous children and will not compensate all possible victims.

Frater noted the tribunal’s compensation order includes victims and their families dating back to 2006, while there are victims of the Indigenous child-welfare system’s being underfunded from as far back as 1991.

The government does favour compensation but it wants to find a more inclusive process, Frater told the Federal Court.

“Canada is committed to remedying the injustices of the past, but it has to be done in a fair and equitable way.”

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.

Another man, Jeremy Measwasige, was added as a new plaintiff when the original statement of claim was amended to increase the lawsuit’s claim 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.

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.

The class-action case was filed last March. Federal lawyers began negotiating with the plaintiffs’ lawyers earlier this fall.

The human-rights tribunal order came in September, requiring the government to pay $40,000 for each First Nations child who was inappropriately taken away from his or her 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 campaign they intended to appeal the ruling. Prime Minister Justin Trudeau said there wasn’t time for proper consultations and planning on how to distribute the money by a December deadline.

The Assembly of First Nations estimated that 54,000 children and their parents could be eligible for payments 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.

Teresa Wright, The Canadian Press

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Amanda Parsons, a registered nurse on staff at the Northwood Care facility, administers a dose of the Moderna vaccine to Ann Hicks, 77, in Halifax on Monday, Jan. 11, 2021. THE CANADIAN PRESS/Andrew Vaughan-Pool
61 new COVID-19 cases, two more deaths in Interior Health

Twenty-nine people are in hospital, seven of whom are in intensive care

Interior Health has set up a COVID-19 testing site in Castlegar. Photo: Betsy Kline
No new COVID-19 cases diagnosed in Castlegar for Jan. 3-9

The BCDCD has begun to report more localized COVID-19 numbers in recent weeks

Community mental health workers are in high demand, and a new program at Selkirk College will provide opportunities in this field. File Photo
Selkirk College to train community mental health workers

Twelve students will complete two courses enabling them to work in health and human services

The City of Castlegar plans to move to renewable energy by 2050. Photo: Betsy Kline
City of Castlegar adopts West Kootenay 100% Renewable Energy Plan

It represents a commitment to 100 per cent renewable energy by 2050

Dr. Cori Lausen, bat specialist, has questions about logging in an unusual bat habitat near Beasley. Photo: Submitted
Kaslo biologist questions logging at unique West Kootenay bat site

Dr. Cori Lausen, a bat specialist, studies a population of bats above Beasley

Syringe is prepared with one of B.C.’s first vials of Pfizer vaccine to prevent COVID-19, Victoria, Dec. 22, 2020. (B.C. government)
B.C.’s COVID-19 caseload stays steady with 465 more Tuesday

No new outbreaks in health care facilities, 12 more deaths

New Westminster TV production designer, Rick Whitfield, has designed an office in a box for British Columbians in need of a private workspace. (BC Box Office photo)
PHOTOS: B.C. man designs ‘box office’ solution for those working from home

‘A professionally designed workspace on your property, away from the distractions of home’

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

Chilliwack ER doctor Marc Greidanus is featured in a video, published Jan. 18, 2021, where he demonstrates and describes effectiveness of various styles of masks. (Youtube)
VIDEO: Emergency room doctor runs through pros and cons of various masks

‘We’ve been asked to wear a mask and it’s not that hard,’ Greidanus says.

(Pixabay photo)
VIDEO: Tip to Metro Vancouver transit police helps woman 4,000 km away in Ohio

Sgt. Clint Hampton says transit police were alerted to a YouTube video of the woman in mental distress

A woman types on her laptop in Miami in a Monday, Dec. 12, 2016, photo illustration. THE CANADIAN PRESS/AP/Wilfredo Lee
British Columbia government lax on cybersecurity practices, auditor reports

The audit did not highlight a specific threat, but it found breaches in cybersecurity are increasing globally

Cranbrook Food Bank coordinator Deanna Kemperman, Potluck Cafe Society executive director Naved Noorani and Sunshine Coast Community Services Society executive director Catherine Leach join B.C.’s new Municipal Affairs Minister Josie Osborne on a video call about B.C. gaming grants, Jan. 19, 2021. (B.C. government)
B.C. gaming grants reorganized for COVID-19 priorities

Minister highlights community kitchens, food banks

(Pixabay photo)
‘Cocaine bananas’ arrive at Kelowna grocery stores after mix up from Colombia: RCMP

Kelowna RCMP recently concluded an international drug investigation after finding cocaine in local grocers’ banana shipments in 2019

A new video from NCCIH and BC Northern Health titled ‘Healing in Pandemic Times: Indigenous Peoples, Stigma and COVID-19’ was animated by Joanne Gervais. (Photo Provided By: NCCIH Archives)
VIDEO: Stigma against Indigenous people is a ‘social sickness’

A new short animated video is aiming to educate the public on the stigmatization

Most Read