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

Just Posted

Mystery illness killing Kootenay bees

Samples being sent to laboratories for analysis

Grand Forks hires interim Chief Administrative Officer

Ron Mattiussi retired as Kelowna’s city manager in March 2018

COLUMN: Poster plea from vape companies feels disingenuous

Blue posters have shown up at Boundary gas stations saying ‘Vaping is legal but we can’t talk about it’

Border Bruins win 1, lose 2 on opening weekend

Goalie Shane Zilka named MVP of the week

Sounds of new exhibits echo through Grand Forks art gallery

The gallery hosts shows on the Sinixt, our collective anxiety and what makes a ‘real’ experience

Third instance of Trudeau in skin-darkening makeup emerges

Another instance of Trudeau using makeup to darken his face has emerged, within 24 hours of the first

21 years: Grand Chief Stewart Philip to continue leading B.C. Indian Chiefs union

Grand Chief Stewart Phillip acclaimed as president of Union of BC Indian Chiefs

Murder charges laid after body pulled from Fraser River ID’ed as missing man

Accused also face one count each of attempted murder in connection with Rudy Johnson Bridge incident

B.C. MLA’s former constituency assistant charged with fraud, breach of trust

Charges announced Sept. 19 more than two years after Martin fired Desmond Devnich for alleged thefts

B.C. salmon farm inspection deal reached with Indigenous people

Monitoring to determine if any Broughton region farms stay open

RCMP seize $1.9 million in B.C. traffic stop

The driver and passenger were detained under the Controlled Drugs and Substances Act

Yearbook photo surfaces of Trudeau wearing ‘brownface’ costume in 2001

The report describes the occasion as an ‘Arabian Nights’-themed gala event

‘Troubling, insulting’: NDP Leader Jagmeet Singh reacts to Trudeau’s brownface photo

Jagmeet Singh, leader of the New Democrats, responded with a call for love after Trudeau photos surface

35 of 87 dogs in 2018 Williams Lake seizure were euthanized, BC SPCA confirm

The dogs did not respond to the behaviour modification and remained terrified of humans

Most Read