In September 2019, the Canadian Human Rights Tribunal ordered the federal government to pay $40,000 for every First Nations child who was inappropriately taken away from their parents after 2006. (Photo by THE CANADIAN PRESS)

In September 2019, the Canadian Human Rights Tribunal ordered the federal government to pay $40,000 for every First Nations child who was inappropriately taken away from their parents after 2006. (Photo by THE CANADIAN PRESS)

Ottawa to argue appeal of tribunal order to compensate First Nations children

OTTAWA — Federal lawyers will be in court later this morning to argue the government’s appeal of a Canadian Human Rights Tribunal ruling that ordered Ottawa to pay billions of dollars in compensation to First Nations children and their families.

In September, the tribunal ordered the federal government to pay $40,000 for every First Nations child who was inappropriately taken away from their parents after 2006.

The Assembly of First Nations estimated that 54,000 children and their parents could be eligible for total compensation that could exceed $2 billion.

The ruling said the government “wilfully and recklessly” discriminated against Indigenous children living on-reserve by not properly funding child and family services.

The government has said it planned to appeal the damage award because the timing of the election campaign made it impossible to organize compensation by a Dec. 10 deadline.

Justice Department lawyers will ask the Federal Court for a stay of execution of the tribunal’s order later this morning during the first of two days of hearings set aside for the case.

The tribunal’s ruling came shortly before the start of the federal election campaign and has bolstered criticism of Prime Minister Justin Trudeau’s commitment to reconciliation.

Trudeau has said he agrees with many of the tribunal’s findings, but that more time is needed for consultation than the tribunal’s Dec. 10 deadline allows.

The government’s decision to petition the court to delay the effect of the ruling sparked more criticism on Sunday, when the Union of B.C. Indian Chiefs held a news conference in Vancouver and a led a march in the Downtown Eastside.

Several people who spent time in the child-welfare system said they were inspired to speak out after the death of a 29-year-old man who had few resources when he aged out of care and fatally overdosed in a shelter on Nov. 13.

Jaye Simpson, who was in government care as a youth, said there’s no point in the government discussing reconciliation if the tribunal’s decision is challenged and discriminatory policies continue.

“All of us have the capacity to re-engage with our culture, our ceremony and life but that is being impeded by Trudeau’s unjust recognition of this,” she said.

Dawn Johnson, who also spent her childhood in care, said Ottawa doesn’t need to do any more consultations before ending discriminatory policies.

“They’ve been fighting this since 2006, so we’re going on 14 years that the government is wilfully and recklessly choosing economics and finances over the lives of children and families,” Johnson said.

“They’ve had plenty of time to cease the discrimination and have funnelled billions of dollars into taking Indigenous children to court and righting this. They need to cease the discrimination now. They need to compensate.”

Johnson said the higher cost of separating children from families comes from more Indigenous people behind bars, on the streets and in the mental-health system so compensation would be a cheaper alternative for the government.

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

Just Posted

A sign on a shop window indicates the store is closed in Ottawa, Monday March 23, 2020. The Canadian Federation of Independent Business is raising its estimate for the number of businesses that are considering the possibility of closing permanently. THE CANADIAN PRESS/Adrian Wyld
Alberta entrepreneur launches project to help small business owners

Bruce Tannas is trying to bring together small businesses as the COVID-19… Continue reading

Alberta Premier Jason Kenney updates media in Edmonton on measures taken to help with COVID-19 on Friday, March 20, 2020. Political analysts say Kenney must rethink his traditional “fight back” approach and start building bridges to reconcile environmental concerns with oil and gas development. THE CANADIAN PRESS/Jason Franson
Political scientists say Kenney must rethink pugilistic approach on oil, environment

Keystone XL pipeline expansion would have taken more oil from Alberta through the United States to refineries and ports

An incomplete secondary wall stands alongside the previous version near where the border separating Tijuana, Mexico, and San Diego meets the Pacific Ocean Tuesday, Jan. 19, 2021, in Tijuana, Mexico. In the days before Joe Biden became president, construction crews worked quickly to finish Donald Trump’s wall at an iconic cross-border park overlooking the Pacific Ocean that then-first lady Pat Nixon inaugurated in 1971 as symbol of international friendship. (AP Photo/Gregory Bull)
Biden halts border wall building after Trump’s final surge

Pause order leaves billions of dollars of work unfinished but still under contract

Former Alberta Premier Rachel Notley shakes hands with Joel Ward, former Red Deer College President and CEO, as Notley announces that the college is on the path to grant degrees. Red Deer-South MLA Jason Stephan says university status is not a necessary condition for offering degrees. (File photo by Advocate staff)
Future of Red Deer University increasingly uncertain

MLA’s college update says RDC more like SAIT and NAIT than a university

There are two confirmed COVID-19 cases at Red Deer College. Photo by Mamta Lulla/Advocate staff
Central Albertans were promised a university

Central Albertans were promised a university

Jacqueline Donahue of Hazleton, right, buys la Mega Millions lottery ticket at the Anthracite Newsstand on Public Square, Monday, Jan. 18, 2021, in Wilkes-Barre, Pa. (Mark Moran/The Citizens’ Voice via AP)
Nearly $1B Mega Millions prize due to long odds, slow sales

Only the third time a lottery jackpot has grown so large

David Shoemaker, chief executive officer of the Canadian Olympic Committee, speaks during the Olympic Partnership kick off event at the Sobey’s office in Mississauga, Ont. on Monday, October 7, 2019. Shoemaker says the IOC remains committed to staging the Summer Games in Tokyo this summer. THE CANADIAN PRESS/ Tijana Martin
Canadian Olympic boss says IOC plans to go ahead with Tokyo Games this summer

IOC calls cancellation decision “categorically untrue”

FILE - In this Jan. 24, 2011 file photo, Dustin Diamond attends the SYFY premiere of “Mega Python vs. Gatoroid” at The Ziegfeld Theater in New York. Diamond is undergoing chemotherapy treatments after being diagnosed with cancer, according to his representative. Diamond, best known for playing Screech on the hit ’90s sitcom, was hospitalized earlier this month in Florida. Last week, his team disclosed he did have cancer. (AP Photo/Peter Kramer, File)
Dustin Diamond undergoing chemotherapy treatments for cancer

Diamond hospitalized earlier this month in Florida

Winnipeg Jets' Mark Scheifele, left, and Kyle Connor, right, congratulate Blake Wheeler on his goal during second period NHL action against the Ottawa Senators on Thursday, January 21, 2021 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Four different Jets score as Winnipeg beats the Ottawa Senators 4-1

Four different Jets score as Winnipeg beats the Ottawa Senators 4-1

Most Read