(Ottawa) First Nations leaders and advocates hope the Federal Court will approve a historic child welfare settlement this week, years after the Canadian Human Rights Tribunal called the federal government’s treatment a First Nations child protection “deliberate and reckless”.
The court will hear final arguments this week in Ottawa on the proposed settlement agreement that would be the largest in Canadian history if passed.
The settlement includes $23 billion in compensation for more than 300,000 children and their families, plus another $20 billion to reform the child welfare system. This comes after the Canadian Human Rights Tribunal ruled in 2016 that Canada discriminated against First Nations children due to funding disparities for child welfare services on reserves and off-reserve.
The court found that First Nations are negatively impacted by services provided by the government and, in some cases, are denied services due to the government’s commitment.
“The committee recognizes the suffering of First Nations children and families who are or have been denied a fair chance to stay together or be reunited in a timely manner,” the 2016 decision states.
Child welfare was also among the central issues flagged in the report of the Truth and Reconciliation Commission, which spent six years looking into the painful residential school system for Indigenous children that operated from the 1870s to 1996.
Acting National Chief of the Assembly of First Nations (AFN) Joanna Bernard said families have been waiting for this settlement for decades.
The AFN negotiated a class action alongside Cindy Blackstock, Executive Director of the First Nations Child and Family Caring Society.
“I call on the Government of Canada to act quickly when the decision is made by the courts,” said Mr.me Bernard. More than 300,000 children and families are waiting – they have been waiting for almost 20 years now. »
Problems persist
Mme Blackstock, who had with her a spirit bear – a teddy bear that represents children affected by the First Nations child welfare case – said the settlement would be a welcome step in helping people heal.
“I feel encouraged that this could finally provide some measure of justice for the many victims, children, youth and families of discrimination in Canada,” said Ms.me Blackstock.
However, she added that problems persist in the child welfare system.
Mme Blackstock noted that First Nations children living on reserves still face inequitable access to health care and that Ottawa must do more to protect them.
“We must ensure that the Government of Canada truly treats children fairly. Not just today, but the day after tomorrow and the year after,” she stressed.
The Minister of Indigenous Services, Patty Hajdu, and the Minister of Crown-Indigenous Relations, Gary Anandasangaree, maintained in a press release Monday that such situations should not happen again, and that they are working to reform the services program to the childhood and family of the First Nations.
“This agreement is the result of the tireless work of First Nations leaders,” said the press release.
“Their defense of the rights of Indigenous children and families pushes Canada to do better and moves us forward on the path to reconciliation. »
Part of the settlement agreement requires an apology from the Prime Minister, but Mme Blackstock and the AFN have differing opinions on the impact the apology could have.
On October 16, Mme Bernard and Manitoba regional leader Cindy Woodhouse called on Prime Minister Justin Trudeau and the federal government to apologize for historical and systemic injustices and for what they called the limited application of Jordan’s Principle.
“Prime Minister Trudeau’s public apology and recognition of the devastating effects the federal child welfare program has had on so many First Nations children and families is not only necessary, but long overdue,” said Mme Bernard.
“An open apology in the House of Commons would symbolize a step forward in the spirit of reconciliation and healing. »
Mme Blackstock believes victims deserve an individual apology for the harm they suffered, but for the apology to be meaningful, the federal government must change course in its relationship with First Nations people.
“The best apology Canada can offer is a change in behavior, ensuring that this does not harm another generation of children,” said Ms.me Blackstock.