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

Oaklands Elementary’s Division 5 Grade 4/5 class posed with Leila Bui (middle), her dad Tuan Bui (crouching to her left) and mom Kairry Nguyen (right) after presenting the family with a cheque for $710 raised by the students during a necklace sale in December 2020. (Photos courtesy Kairry Nguyen)
Victoria students raise funds for girl seriously injured when struck by vehicle in crosswalk

Oaklands Elementary class contributes to purchase of all-terrain wheelchair for Leila Bui

Ravi Jain, Why Not Theatre’s founding artistic director, will present a Zoom lecture as part of the University of Victoria’s Orion fine art series on March 8. (Photo: University of Victoria).
Award-winning directors highlight coming University of Victoria lecture series

The March 8 and 18 Zoom events are part of the Orion fine arts lecture series

Saanich council recently adopted a 131-step climate action plan expected to cost $2.5-million in the first year of implementation. (Black Press Media file photo)
Tensions high as Saanich considers reigniting local area plan review

Majority vote pushes discussion to fall strategic plan check-in

The Victoria Fire Department was able to contain a fire to one room after a bed placed directly against a heater ignited. (Black Press Media file photo)
Early morning Victoria balcony fire causes $20,000 in damages

Victoria Fire Department said nobody was injured in the fire on View Street

Postmark Group, an Edmonton-based development firm, bought two properties at 6641 and 6643 Sooke Rd. last year, and is reaching out to the community and local groups for feedback before they begin planning the designs for the development. (Photo contributed/Postmark Group)
Waterfront village development eyed for Sooke

Postmark Group development firm bought two properties at 6641 and 6643 Sooke Rd. last year

Const. Nancy Saggar, who has 11 years in policing, offers advice for other women who may pursue both policing and family. (Black Press Media file photo)
Pregnancy prompts sage advice from RCMP officer for women thinking about policing

West Shore constable with 11 years experience heads off on maternity leave

Provincial health officer Dr. Bonnie Henry and Health Minister Adrian Dix provide a regular update on the COVID-19 situation, B.C. legislature, March 2, 2020. (B.C. government)
B.C.’s COVID-19 cases: 545 Saturday, 532 Sunday, 385 Monday

Focus on Prince Rupert, Lower Mainland large workplaces

Rising accident rates and payout costs have contributed to billion-dollar deficits at ICBC. (Comox Valley Record)
B.C. appealing decision keeping ICBC injury cases in court

David Eby vows to ‘clip wings’ of personal injury lawyers

Hannah Ankenmann, who works with k’awat’si Economic Development Corporation, winces as she received her first shot of the Pfizer vaccine administered by a Gwa’sala-‘Nakwaxda’xw Family Health nurse. (Zoe Ducklow photo)
Vancouver Island’s small remote towns to get community-wide vaccine clinics

Island Health to take a wholesale approach to immunization, rather than age-based appointments

Anyone with information is asked to call Nanaimo RCMP at 250-754-2345 or contact Crime Stoppers by calling 1-800-222-8477 or submitting a tip online at www.nanaimocrimestoppers.com.
21-year-old motorbike rider dies after crash with ATV on Nanaimo back road

Incident happened Sunday afternoon near Boomerang Lake

(Black Press Media files)
Hosts charged, attendees facing COVID fines after Vancouver police bust party at condo

Police had previously received 10 complains about that condo

Minister of Families, Children and Social Development Ahmed Hussen takes part in an update on the COVID pandemic during a press conference in Ottawa on Tuesday, Oct. 27, 2020. A joint federal and B.C. government housing program announced today aims to help people living in up to 25,000 vulnerable households pay their rent. THE CANADIAN PRESS/Sean Kilpatrick
Federal, B.C. governments announce $517-million rent aid program to help vulnerable

Benefits for those not eligible for B.C.’s Rental Assistance Program or Shelter Aid for Elderly Renters

(BC SPCA)
Is it safe to give your dog some peanut butter? Not always, BC SPCA warns

Some commercial peanut butter ingredients can be harmful to dogs

Most Read