Ottawa appeals ruling to compensate Indigenous kids over child welfare services

Oct 29, 2021 | 3:35 PM

OTTAWA — The federal government is appealing a ruling ordering Ottawa to compensate First Nations children removed from their homes, but says the parties have agreed to keep talking about next steps in the hope they can reach an agreement outside the court.

The government filed the notice of appeal late Friday before the Federal Court of Appeal closed.

In 2016, the Canadian Human Rights Tribunal found Ottawa discriminated against First Nations children by knowingly underfunding child and family services for those living on reserve.

The tribunal said each First Nations child, along with their parents or grandparents, who were separated because of this chronic underfunding were eligible to receive $40,000 each in federal compensation, which was the maximum amount it could award.

It has been estimated some 54,000 children and their families could qualify, meaning Ottawa could be on the hook to pay more than $2 billion.

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The tribunal also ruled that the criteria needed to be expanded so more First Nations children could be eligible for Jordan’s Principle, a rule designed to ensure jurisdictional disputes over who pays for what don’t prevent kids from accessing government services.

In a joint statement Friday, Indigenous Services Minister Patty Hajdu, Crown-Indigenous Relations Minister Marc Miller and Justice Minister David Lametti said the parties “have agreed to pause litigation” on the tribunal’s decision.

“Providing the space to reach agreement on compensation and funding for future reforms will help us reach the best outcome,” they said ahead of a news conference in Ottawa on Friday.

“This means that while Canada filed what is known as a protective appeal of the Federal Court decision … the appeal will be on hold and the focus will be squarely on reaching an agreement outside of court and at the table.”

The parties to the case are the federal government, the First Nations Child and Family Caring Society and the Assembly of First Nations.

by The Canadian Press

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Ottawa appeals ruling to compensate Indigenous kids over child welfare services

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