First Nations Children Class Action Lawsuits Move Forward

Last week, two class action lawsuits Canada challenging the funding of First Nation child welfare services and children’s health services were certified after the federal government consented to their certification. These First Nations class action lawsuits will proceed together in federal court.

Ottawa has reportedly agreed to mediation to reach a potential settlement of the class action lawsuits, which 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.

Allegedly, tens of thousands of First Nations children were harmed because Ottawa violated Jordan’s Principle and forced them to wait for “legally required” services from the federal government.

First Nations Child Welfare Class Action Lawsuits

The first class action lawsuit, which seeks $10 billion in damages, was filed on Jan. 28 by the Assembly of First Nations on behalf of former foster children. This AFN class action lawsuit alleged that the federal funding of the child welfare services was discriminatory because it created an incentive to remove First Nations children from their communities.

The AFN class action lawsuit alleges that the funding for First Nations children on reserve was significantly less than the amount allocated to children off the reserve.

The second class action lawsuit Canada, which seeks $6 billion in damages, was filed in March 2019 on behalf of a former foster child who was allegedly placed in 14 foster homes during his teenage years and a First Nation member with cerebral palsy, spinal curvature and autism who allegedly received subpar medical services.

This First Nations class action lawsuit seeks damages on behalf of tens of thousands of First Nations children and families who claim they were harmed by the systemic discrimination in child welfare funding since 1991.

Certification Paves Way for Potential Class Action Settlement

The government’s consent to certification will allow the cases to move forward and set the stage for a potential First Nations child welfare class action settlement.

“Consenting to certification marks a step forward in negotiating a settlement to compensate those harmed by under-funding of child and family services on reserve,” Indigenous Services Minister Marc Miller and Justice Minister David Lametti reportedly said in a media statement.

“Canada’s decision to work with the AFN and its allies in addressing this tragedy is an important step,” Assembly of First Nations Chief Perry Bellegarde said of Ottawa’s certification. “It is crucial that Canada act in good faith in these upcoming negotiations, provide fair compensation to all who suffered harm, and implement real change. Only then can we bring closure to this sad chapter in our history.”

Last year, the Canadian Human Rights Tribunal ordered the federal government to pay $40,000 to each child taken from their homes through the on-reserve child welfare system since Jan. 1, 2006. As many as 50,000 children may be affected by this order. The federal government has asked the federal court to review the order.

More Lawsuits Allege First Nations Child Welfare Discrimination

A First Nations woman has filed a lawsuit against Manitoba child and family services agencies after three of her children were allegedly apprehended by child welfare workers in 2007 after an alleged incident of abuse perpetrated by their father.

According to the woman’s First Nations child welfare lawsuit, her children were taken away suddenly and, despite leaving the father immediately and doing everything she could to regain custody of her children, she was unable to get her children back.

The mother, who did not suffer from mental health disorders, substance abuse and is not alleged to have engaged in abusive behavior, reportedly spent over a decade attempting to regain custody of her children. However, she was characterized by the child welfare system as “unfit,”

“I have done absolutely everything within the system to get my children back and it hasn’t worked,” she said in a 2017 interview with CBC News.

“The CFS agency and the Manitoba advocates have failed my children and my family.”

History of Discrimination and Abuse

Canada has a long history of discrimination and abuse against indigenous populations. In the 1920s, the federal government operated 699 Indian Day Schools, which were reportedly attended by nearly 200,000 First Nations, Inuit, Métis and non-status Indian children.

Many children who attended the Indian Day schools have reportedly suffered physical and sexual abuse. They also allegedly had their languages, traditions and cultures denigrated by school administrators.

In 2019, the federal court approved a $1.27 billion Federal Indian Day School class action settlement.

What do you think about the First Nations class action lawsuits moving forward? Tell us your thoughts in the comment section below! 

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