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

Protesters showcase massive old yellow cedar as Port Renfrew area forest blockade continues

9.5-foot-wide yellow cedar measured by Ancient Forest Alliance campaigners in Fairy Creek watershed

Firefighters tackle medium-sized grass fire on rural Saanich property

Saanich Fire Department issues warm weather fire safety reminder

BIPOC artists come together to paint mural highlighting racial injustice in Bastion Square

‘More Justice, More Peace’ to go beyond cycle of hurt and sadness

Local group of BIPOC youth host drive-in movie, panel discussion on racial injustice

The event will take place on Aug. 15 at Legacy Drive-In

Electrical fault results in Saanich hydro pole fire

BC Hydro crews on scene repairing damage well into the early morning hours

‘Don’t kill my mom’: Ryan Reynolds calls on young British Columbians to be COVID-smart

‘Deadpool’ celebrity responds to premier’s call for social influence support

Widow of slain Red Deer doctor thanks community for support ahead of vigil

Fellow doctors, members of the public will gather for a physically-distanced vigil in central Alberta

Taking dog feces and a jackhammer to neighbourhood dispute costs B.C. man $16,000

‘Pellegrin’s actions were motivated by malice …a vindictive, pointless, dangerous and unlawful act’

Racist stickers at Keremeos pub leaves group uneasy and angry

The ‘OK’ hand gesture is a known hate-symbol

VIDEO: World responds to B.C. girl after pandemic cancels birthday party

Dozens of cards and numerous packages were delivered to six-year-old Charlie Manning

Expected fall peak of COVID-19 in Canada could overwhelm health systems: Tam

National modelling projections released Friday show an expected peak in cases this fall

Hundreds of sea lions to be killed on Columbia River in effort to save endangered fish

Nearly 22,000 comments received during public review were opposed, fewer than 200 were for

Devil’s Hand Poker Run in Campbell River to face RCMP scrutiny

The Campbell River RCMP will be keeping a close eye on the… Continue reading

B.C.’s fuel suppliers to publish prices to provide accountability: minister

Bruce Ralston says move will ensure industry publicly accountable for unexplained prices increases

Most Read