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First Nations Compensation for Canadian Child Welfare System Overview:
- Who: Representatives for First Nations children have been in a 14 year fight with the Canadian government to get compensation for kids who were underfunded in the welfare system.
- Why: The government made a last-minute appeal on Oct. 29 to appeal multiple courts’ unified decision that it must pay affected First Nations people $40,000 each in compensation.
- Where: Canada
The Canadian government has decided to prolong the fight over the amount it should compensate First Nations people who were hurt by the “racist” and deliberately underfunded child-welfare system.
In a last-minute appeal lodged in the Federal Court of Appeal Oct. 29, Indigenous Services Canada signaled its intent to fight the Federal Court decision to uphold compensation of First Nations families to the tune of about $40,000 per person.
The move comes after a 14 year fight on the subject, APTN news reports. Lawyer Cindy Blackstock filed the original complaint in 2007 along with the Assembly of First Nations (AFN)
The lawsuit led to a 2019 Canadian Human Rights Tribunal decision that found the federal government discriminated against First Nations children by underfunding a racist on-reserve child welfare system, and not paying attention to the harm caused by separating families, CBC reports.
It said the practice led to “trauma and harm to the highest degree, causing pain and suffering,” and ordered Ottawa to pay $40,000 to each child affected by the system from Jan. 1, 2006.
It is estimated about 50,000 children could have been affected, making it a billion-dollar case for the government. This is the second time it will go to an appeals court.
Blackstock reacted to the government’s decision to prolong the case Oct. 29, telling APTN she was disappointed.
“I’ve always felt like this case is about ending discrimination against kids and trying to make some reparations for the victims that were hurt,” she said. “It’s disturbing to see that the federal government is not yet fully able to put down its sword of litigation against First Nations children.”
The news comes as the government also faces multiple class action lawsuits for the underfunding of the child welfare system.
In 2020, two class action lawsuits challenging the funding of First Nation child welfare services and children’s health services were certified.
Ottawa has reportedly agreed to mediation to reach a potential settlement of the class action lawsuits, which also seek billions of dollars in compensation for First Nations children who were impacted by the on-reserve child welfare system and for children who were denied services the federal government was reportedly obligated to provide under Jordan’s Principle.
According to Jordan’s Principle, First Nation children on reserves who need vital social services should not have their access to such services delayed because the governments cannot agree on who is responsible for paying for them.
What do you think of the government’s decision to appeal the case once again? Let us know in the comments!
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