Money to compensate young people harmed by Canada’s discriminatory child welfare system is expected to begin flowing to First Nations sometime next year after the federal government and the Assembly of First Nations (AFN) reached a final settlement agreement.
Ottawa, the AFN and the plaintiffs in two class actions reached an agreement in principle earlier this year. The parties announced on Monday that the agreement had been finalized.
Indigenous Peoples Services Canada says the settlement is the largest in Canadian history.
A total of $20 billion will be provided to:
- First Nations children on reserve and in the Yukon who were removed from their homes between April 1, 1991 and March 31, 2022.
- Those affected by what the government called a “narrow definition” of the Jordan Principle used between 12 December 2007 and 2 November 2017.
- Children who did not receive an essential public service or experienced delays in accessing such services between 1 April 1991 and 11 December 2007.
- Caring parents or grandparents of children covered by the arrangement who may also be eligible for benefits.
Manitoba Regional Director Cindy Woodhouse said in a media statement that she expects the money to start rolling in next year.
“We have kept our children in our hearts and prayers throughout the negotiations,” Woodhouse said in a statement.
The final settlement must still be approved by the Canadian Human Rights Tribunal and the Federal Court.
The non-binding agreement reached earlier this year also includes $20 billion for long-term reform of the child welfare system on the reservation, but a final agreement on that part has yet to be reached.
The Canadian Human Rights Tribunal ruled in 2016 that $40,000 must be paid to each First Nations child unnecessarily placed in foster care.
Indigenous Services Minister Patty Haidu said in January that $20 billion was expected to cover those minimum payments and those who may be entitled to more.
“I hope that the court process to approve the settlement will be swift and that individuals and families will be able to get the security and resolution that they have asked for,” Haidu said in a statement to the media on Monday.
Indigenous Services Minister Patty Haidu said she hopes to see swift approval of the final agreement by the Canadian Human Rights Tribunal and the Federal Court. (Justin Tang/The Canadian Press)
The Federal Court has rejected Canada’s request to review two human rights tribunal orders on child welfare and the Jordan Principle – which aims to eliminate jurisdictional disputes over payment of government services for First Nations children.
The government said at the time that it was not opposed to compensation. He argued that the tribunal had no jurisdiction to order specific amounts of compensation in the manner of a class action.
The government also objected to the fact that the order would award the same amount of money to someone who spent a day in care as someone who spent an entire childhood there.
In his ruling, Justice Paul Favell said negotiations could help achieve the goal of reconciliation and would be “the preferred outcome for both Indigenous peoples and Canada.”
The government has said it intends to appeal the decision, but will suspend litigation as it has begun negotiations and will drop the appeal altogether once the deal is approved. A federal court will hear the deal in September, according to AFN.
Cindy Blackstock, executive director of the First Nations Child and Family Caring Society, called on the government to drop its appeal immediately.
“The Caring Society believes that Canada should immediately pay human rights compensation to the victims and withdraw their appeal to the Federal Court of Appeal,” she said in a tweet.
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