First Nations given max compensation for Ottawa’s child-welfare discrimination

2016 ruling said feds didn’t give same funding for on-reserve kids as was given to off-reserve kids

Indigenous children play in water-filled ditches in Attawapiskat, Ont. on April 19, 2016. THE CANADIAN PRESS/Nathan Denette

First Nations children who were separated from their families by a chronically underfunded welfare system could receive more than $2 billion in compensation following an order from the Canadian Human Rights Tribunal.

More than three years ago, the tribunal ruled there was clear discrimination by the federal government for kids living on reserves who needed help from child welfare agencies. Ottawa, the tribunal said, didn’t ensure services available to on-reserve children were funded at anywhere near the same levels as provincially funded services available off-reserve.

The tribunal reserved its decision on compensation at that time.

On Friday, the tribunal ruled that Ottawa’s discrimination was “wilful and reckless,” allowing it to award the maximum compensation allowed by legislation.

The award includes $40,000 for every child unnecessarily taken away from their families since Jan. 1, 2006 and another $40,000 for each of their parents or grandparents. Similar amounts will go to children abused in foster care, and children on- and off-reserve who were taken into care because they couldn’t access services there, including mental health supports, suicide prevention and basic medical devices.

“Overall, this is a good day for kids,” said Cindy Blackstock, executive director of the First Nations Child and Family Caring Society. “Overall, this is also a wake-up call for Canadians.”

The society was among the organizations that brought the original human rights complaint in 2007.

The Assembly of First Nations estimates the number of children impacted at around 54,000, bringing the minimum compensation bill to $2.1 billion. If all of their parents also get compensation, that number would double.

Indigenous children make up more than half of children in foster care in Canada, even though they represent just seven per cent of all children under the age of 15. In some provinces, as many as 90 per cent of kids in care are First Nations, Metis and Inuit.

Blackstock says these high numbers are the result of a system that refused to provide adequate funding to work with families on-reserve to prevent their kids from being placed in care.

The only time provincial and federal funding was at the same level was when a child was in care and the federal government picked up the provincially tab for foster care. That created an incentive to take kids from their families, advocates say.

The result was the mass separation of Indigenous children from their parents and placing them in a foster care system that Indigenous leaders say had more First Nations kids than at the height of the residential-schools era.

RELATED: Indigenous children still being treated unequally by provinces, says advocate

Since its first ruling in 2016, the tribunal has said 10 times that Ottawa failed to comply with its orders to fix the funding discrepancies. In 2018, the Liberals finally committed to funding prevention services at the needed levels. Despite that, Blackstock said Ottawa still refused to fund supports for those services such as a building to house programs.

Kevin Deagle, spokesman for Indigenous Services Minister Seamus O’Regan, said Friday the government is reviewing the order that touches on “important and complex issues” the Liberals take seriously.

Mia Rabson, 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

‘Manny’s Motel’ badly damaged by fire Jan. 15

Police say 40 Ave. closed due to fire, use alternate route

From courthouse to council’s house

Old courthouse had long history before becoming City Hall

Revenue Canada, RCMP don’t accept Bitcoin: police

RCMP issue Bitcoin warning posters

Writer says Alberta highway system falling apart

Highways in ‘deplorable’ condition: writer

County council denies request for parking lot

Buck Lake groups are welcome to raise funds and return to council

Canada to bolster screening of central China passengers for virus at 3 airports

Additional measures will include messaging on arrivals screens in Toronto, Montreal and Vancouver

PHOTOS: Eastern Newfoundland reeling, search underway for missing man after blizzard

More than 70 centimetres of new snow fell overnight, creating whiteout conditions

Prince Harry, Meghan to give up ‘royal highness’ titles

‘Harry, Meghan and Archie will always be much loved members of my family,’ says Queen Elizabeth II

RCMP Major Crimes Unit lays charges in Stettler death

Nicholas Climb Johnson, 32, of Stettler is charged with second degree murder in the death of his father

Metis nations ask Ottawa to negotiate directly with them, not national body

Three provincial Metis nations will work through the national council until after the federal government releases its 2020 budget

Canada to give $25,000 to families of each Canadian who died in Iran plane crash

Prime Minister Justin Trudeau also made it clear that Canada still expects Iran to compensate victims

Oil and gas industry applauds top court’s dismissal of B.C.’s Trans Mountain case

The high court’s ruling Thursday removes one of the remaining obstacles for the project

Sylvan Lake RCMP seek assistance in locating missing male

Mark Crier, 17, was last seen in Sylvan Lake on Jan. 13

UPDATE: Supreme Court dismisses B.C.’s appeal in Trans Mountain pipeline case

Judges decide whether B.C.’s power to protect environment can include impeding a federal project

Most Read