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

Rotary producing hand sanitizer for local businesses

Rotarians Rebecca Kolbenson and Jeff Dolinsky have headed up the new Infection Control Committee

COVID-19: Interior Health orders closure of all fitness centres until May 30

The order is subject to revision, cancellation, or extension

MP Morrison ‘disappointed’ in six-week delay for wage subsidy support

Kootenay-Columbia MP says small businesses and employees need financial help now

Q&A: Interior Health CEO answers questions on COVID-19 response

Susan Brown, president and CEO of Interior Health, answers questions regarding COVID-19

Positivity rocks: Golden resident brings positivity to community

Brandi Romano hand crafts the rocks with her kids as a distraction from COVID-19

Trudeau rejects mandatory stay-at-home order for now; COVID deaths up

The virus has now infected more than 10,000 Canadians and cost 130 their lives

Cowichan couple won’t self-isolate after returning from overseas

New law requires 14 days of self-isolation when returning to Canada

Family uses social media to help truckers find places to eat during pandemic

Restaurants Serving Drivers in Western Canada seeks to provide a list of places open for drivers

Celebrate Easter in a ‘safe way,’ Dr. Henry urges as B.C records 6 new COVID-19 deaths

Top doctor urges British Columbians to halt non-essential travel within the province

B.C. health officer says homemade masks may prevent spread of COVID-19 to others

Practising physical distancing, frequent hand washing and resisting touching your face are proven methods

B.C.’s senior home staff measures show results in COVID-19 battle

Dr. Bonnie Henry’s order restricts care aides to one facility

‘A matter of human decency’: Truckers’ union calls on gas stations, rest stops to fully re-open

Teamsters Canada wants feds, provinces to put pressure on facilities to re-open for transport workers

B.C. unveils $3.5M COVID-19 emergency fund for post-secondary students

Money will help students cover living expenses, food, travel, portable computers

‘We will get through this’: B.C. sees new COVID-19 death, but 57% have recovered

A total of 1,066 people have tested positive for the novel coronavirus

Most Read