Liberal government appeals ruling to compensate First Nations children
Posted October 29, 2021 2:26 pm.
Last Updated October 29, 2021 2:39 pm.
The federal government is appealing a ruling ordering Ottawa to compensate First Nations children removed from their homes.
They filed the notice of appeal late Friday before the Federal Court of Appeal closed.
Today is the deadline for the federal government to appeal tow federal court decisions in the long-standing human rights case for First Nations children. They appealed an order on capital in September- hope there is not another @JustinTrudeau
— Cindy Blackstock (@cblackst) October 29, 2021
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.
“Canada acknowledges the finding of systemic discrimination and does not oppose the general principle that compensation to First Nations individuals who experienced pain and suffering as a result of government misconduct should be provided,” the appeal reads.
“Awarding compensation to individuals in the manner ordered by the Tribunal, however, was inconsistent with the nature of the complaint, the evidence, past jurisprudence, and the Canadian Human Rights Act.”
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.
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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.
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.
