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

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Island Health chief medical officer Dr. Richard Stanwick receives a first dose of Pfizer vaccine, Dec. 22, 2020. (B.C. government)
COVID-19: Vancouver Island in a January spike while B.C. cases decrease

Island’s top doc Dr. Stanwick breaks down the Island’s rising numbers

North Island Gazette file photo of Port Hardy council
Port Hardy council proclaims the last week of March ‘Bear Smart Week’

Council agreed to allocate $3,000 for funding towards ‘Bear Smart Week’ signage.

Port Hardy mayor Dennis Dugas. (Dennis Dugas photo)
Port Hardy mayor talks two years in office, ready to move forward in 2021

Port Hardy mayor Dennis Dugas tackles a number of different topics in an interview with the Gazette.

Dex needs surgery after breaking his paw in the panic caused by an apartment fire. (Submitted)
Dog needs surgery after apartment fire injury

A fundraiser has been started to contribute towards veterinarian costs

People skate on a lake in a city park in Montreal, Sunday, January 10, 2021. THE CANADIAN PRESS/Graham Hughes
The end of hugs: How COVID-19 has changed daily life a year after Canada’s 1st case

Today marks the one year anniversary of COVID-19 landing in Canada

(Twitter/Ateachersaurus)
The Pachena Bay shoreline in 2013. (Twitter/Ateachersaurus)
This week in history: 9.0 magnitude quake struck under what is now called Vancouver Island

According to First Nations elders, the 9.0-magnitude quake in 1700 CE kick-started a tsunami

Extensive water on No. 4 and 5 at the Mount Brenton Golf Course following heavy rains earlier this month. (Photo by Don Bodger)
Island golf course does a booming business in 2020

A total of 15,000 more rounds played than the previous year at Mount Brenton

SAR crews worked late into the night Tuesday to rescue an injured snowboarder in North Vancouver. (Facebook/North Shore Rescue)
Complicated, dangerous rescue saves man in avalanche near Cypress Mountain

North Shore SAR team braves considerable conditions to reach injured snowboarder

A Cessna 170 airplane similar to the one pictured above is reported to be missing off the waters between Victoria and Washington State. Twitter photo/USCG
UPDATE: No sign of small plane that went down in waters south of Vancouver Island

Searchers out on both sides of border between Victoria and Port Angeles

A tip from the public helped Victoria police located and arrest wanted men Jonathon Muzychka and Dean Reber. (Courtesy of Victoria Police Department)
Tips lead police to arrest convicted killer, robber near downtown Victoria

Two men were at large after failing to return to community facility

The Pacific Rim Whale Festival is breaching for a COVID-safe return in March. (Poster photo by Owen Crosby)
Pacific Rim Whale Festival aims for virtual return in March

Educational celebration scheduled to arrive in Tofino-Ucluelet on March 15.

In this undated image made from a video taken by the Duke of Sussex and posted on @SaveChildrenUK by the Duke of Sussex and Meghan, Duchess of Sussex, shows the Duchess of Sussex reading the book “Duck! Rabbit!” to their son Archie who celebrates his first birthday on Wednesday May 6, 2020. The Canadian Paediatric Society is reminding families that the process of raising a reader starts from birth. (Duke of Sussex/@SaveChildrenUK)
Canadian Paediatric Society says raising a reader starts from birth

CPS says literacy is one of the strongest predictors of lifelong health outcomes

Employment, Workforce Development and Disability Inclusion Minister Carla Qualtrough responds to a question during a news conference Thursday August 20, 2020 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Easing rules for parental benefits created inequities among parents, documents say

Employment Minister Carla Qualtrough’s office says the government will make any necessary changes

People walk along a pedestrianized zone of Sainte-Catherine street in Montreal, Monday, May 18, 2020, as the COVID-19 pandemic continues in Canada and around the world. Newly released statistics point to a major drop in police-recorded crime during the first eight months of the COVID-19 pandemic. THE CANADIAN PRESS/Graham Hughes
Crime down in first 8 months of pandemic, but mental health calls rise: StatCan

The agency says violent crimes such as assault dropped significantly

Most Read