VIDEO: More First Nations kids deserve child-welfare compensation, federal lawyers argue

VIDEO: More First Nations kids deserve child-welfare compensation, federal lawyers argue

Government had been ordered to pay $40K for each child taken away from parents after 2006

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 those affected in the last 13 years.

That appeal is underway Monday in Ottawa, where Justice Department lawyers are asking the Federal Court for a stay of the tribunal’s September order that the federal government must compensate First Nations families that were wrongly split apart by the child-welfare system.

The ruling said the federal government “wilfully and recklessly” discriminated against Indigenous children living on-reserve by not properly funding child and family services. As a result, children were sent away from their homes, families and reserves because if they lived off-reserve, they would be covered by better-funded provincial systems.

Justice Department lawyer Robert Frater argued the tribunal’s judgement imposes a one-size-fits-all solution to an issue of systemic discrimination against Indigenous children and will not compensate all possible victims.

Frater noted the tribunal’s compensation order includes victims and their families dating back to 2006, while there are victims of the Indigenous child-welfare system’s being underfunded from as far back as 1991.

The government does favour compensation but it wants to find a more inclusive process, Frater told the Federal Court.

“Canada is committed to remedying the injustices of the past, but it has to be done in a fair and equitable way.”

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.

Another man, Jeremy Measwasige, was added as a new plaintiff when the original statement of claim was amended to increase the lawsuit’s claim 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.

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.

The class-action case was filed last March. Federal lawyers began negotiating with the plaintiffs’ lawyers earlier this fall.

The human-rights tribunal order came in September, requiring the government to pay $40,000 for each First Nations child who was inappropriately taken away from his or her 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 campaign they intended to appeal the ruling. Prime Minister Justin Trudeau said there wasn’t time for proper consultations and planning on how to distribute the money by a December deadline.

The Assembly of First Nations estimated that 54,000 children and their parents could be eligible for payments 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.

Teresa Wright, The Canadian Press

Just Posted

Vetch cover crop beginning to flower. (Mary Lowther photo)
Mary Lowther column: Vetch and crimson clover to the rescue of soil fertility

I add dry organic fertilizer as plants use up what is in the soil.

Sarah Simpson
Sarah Simpson column: A shift in perspective can sometimes change everything

Have you even been forced to wake up at 5:30 on a Saturday

Black Press file photo
RCMP seek suspect in Vancouver Island-wide crime spree

Crimes stretched from Deep Bay to Qualicum, Ladysmith, Chemainus and Youbou

North Cowichan’s committee of the whole have rejected staff’s recommendation to limit the use of fireworks to Halloween. (File photo)
North Cowichan rejects limiting fireworks to Halloween

Municipality decides staff recommendation would be unpopular

Things are looking up for Vancouver Island as zero COVID-19 cases have been reported for the first time since October. THE CANADIAN PRESS/Darryl Dyck
Island records zero new COVID-19 cases for the first time since October

For the first time since October, the province is reporting zero new… Continue reading

A small pod of Pacific white-sided dolphins pass by close to shore in Campbell River June 16, 2021. Still capture from video courtesy of Kimberly Hart
VIDEO: Dolphin sunset captured from Vancouver Island shore

Spectacular setting for view of travelling pod of Pacific white-sided dolphins

People in Metro Vancouver can expect to experience a short wave of heat just in time for Father’s Day, according to Environment Canada. (Black Press Media files)
Short-lived heatwave headed for Metro Vancouver this weekend

Temperatures are expected to be up to 10 degrees higher than average Sunday and Monday

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Bruce Springsteen performs at the 13th annual Stand Up For Heroes benefit concert in support of the Bob Woodruff Foundation in New York on Nov. 4, 2019. (Greg Allen/Invision/AP)
Canadians who got AstraZeneca shot can now see ‘Springsteen on Broadway’

B.C. mayor David Screech who received his second AstraZeneca dose last week can now attend the show

New research suggests wolves can be steered away from the endangered caribou herds they prey on by making the man-made trails they use to hunt harder to move along. THE CANADIAN PRESS/Nathan Denette
Culling cutlines, not B.C. wolves, key to preserving caribou herds: researcher

The government has turned to killing hundreds of wolves in an effort to keep caribou around

Gary Abbott (left) and Louis De Jaeger were two of the organizers for the 2014 Spirit of the People Powwow in Chilliwack. Monday, June 21, 2021 is Indigenous Peoples Day. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of June 20 to 26

Indigenous Peoples Day, Take Your Dog to Work Day, Onion Rings Day all coming up this week

Gwen Spencer Hethey with her uncle and mentor Major Frederick Richardson. (Courtesy of Greater Victoria Sports Hall of Fame)
‘She was a killer’: The B.C. woman who pioneered female sharpshooting

Gwen Spencer Hethey made military men ‘look like turkeys’ says her son

Central Okanagan Grade 12 grads are set to get $500 each after a more than $1 million donation from a Kelowna couple. (File photo)
B.C. couple donating $500 to every Grade 12 student in the Okanagan

Anonymous donors identified as Kelowna entrepreneurs Lance and Tammy Torgerson

Most Read