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.

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

Just Posted

Elvira D’Angelo, 92, waits to receive her COVID-19 vaccination shot at a clinic in Montreal, Sunday, March 7, 2021, as the COVID-19 pandemic continues in Canada and around the world. THE CANADIAN PRESS/Graham Hughes
110 new cases of COVID-19 in Interior Health

Provincial health officers announced 1,005 new cases throughout B.C.

Kristian Camero and Jessica Wood, seen here, co-own The Black Cauldron with Stephen Barton. The new Nelson restaurant opened earlier this month while indoor dining is restricted by the province. Photo: Tyler Harper
A restaurant opens in Nelson, and no one is allowed inside

The Black Cauldron opened while indoor dining is restricted in B.C.

First-year Selkirk College student Terra-Mae Box is one of many talented writers who will read their work at the Black Bear Review’s annual (virtual) launch on April 22. Photo: Submitted
Kelowna General Hospital (File photo)
Interior Health hospitals not strained by rising COVID case counts

While provincial hospitalizations rise, health care systems in the B.C. Interior remain robust, say officials

School District 20 is advising the public there has been a positive case of COVID-19 at the Trail high school. Photo: Trail Times
District confirms positive COVID case at Trail high school

The person is at home self-isolating, administration advised on Wednesday

Rainbow trouts thrashing with life as they’re about to be transferred to the largest lake of their lives, even though it’s pretty small. These rainbows have a blue tinge because they matched the blue of their hatchery pen, but soon they’ll take on the green-browns of their new home at Lookout Lake. (Zoe Ducklow/News Staff)
VIDEO: B.C. lake stocked with hatchery trout to delight of a seniors fishing club

The Cherish Trout Scouts made plans to come back fishing soon

Royal Inland Hospital in Kamloops. (Dave Eagles/Kamloops This Week file photo)
RCMP intercept vehicle fleeing with infant taken from Kamloops hospital

The baby was at the hospital receiving life-saving care

Vancouver Police Const. Deepak Sood is under review by the Independent Investigations Office of B.C. after making comments to a harm reduction advocate Sunday, April 11. (Screen grab)
VIDEO: Vancouver officer convicted of uttering threats under watchdog review again

Const. Deepak Sood was recorded Sunday saying ‘I’ll smack you’ and ‘go back to selling drugs’ to a harm reduction advocate

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

Provincial health officer Dr. Bonnie Henry prepares a daily update on the coronavirus pandemic, April 21, 2020. (B.C. Government)
B.C.’s COVID-19 infection rate persists, 1,005 new cases Friday

Hospitalization up to 425, six more virus-related deaths

Premier John Horgan receives a dose of the AstraZeneca COVID-19 vaccine at the pharmacy in James Bay Thrifty’s Foods in Victoria, B.C., on Friday, April 16, 2021. THE CANADIAN PRESS/Chad Hipolito
B.C. Premier John Horgan gets AstraZeneca shot, encourages others

27% of residents in B.C. have now been vaccinated against COVID-19

The Nautical Dog Cafe at Skaha marina is getting its patio ready in hopes Mother Nature will provide where provincial restrictions have taken away indoor dining. (Facebook)
‘A lot of instability’: B.C. restaurants in layoff limbo

As COVID-19 cases stay high, restaurants in British Columbia are closed to indoor dining

Prime Minister Justin Trudeau looks on as Deputy Prime Minister and Finance Minister Chrystia Freeland responds to a question during a news conference on Parliament Hill in Ottawa, Tuesday, Aug. 18, 2020. THE CANADIAN PRESS/Adrian Wyld
Expectations high as Trudeau Liberals get ready to unveil first pandemic budget

The Liberals will look to thread an economic needle with Monday’s budget

Since April 4, 38 flights with COVID-19 cases have departed from Vancouver International Airport, while 23 arrived. (Phil McLachlan/Capital News)
Vancouver the largest source of domestic flights with COVID-19 cases: data

This month alone, 38 flights with COVID-19 cases have departed from Vancouver International Airport, while 23 arrived

Most Read