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

White Rock Evergreen Baptist Society had 46 COVID-19 cases as of Jan. 13, according to a recent report released by the province. (Peace Arch News photo)
White Rock care home’s COVID-19 cases jump 50 per cent in a week: report

Three White Rock/South Surrey care facilities among B.C. sites with active outbreaks

Through his lens, Doug Cook captured this picture of the Fraser River, Mount Baker, an eagle, and even the Golden Ears Bridge on a sunny fall afternoon. The photo was taken from the wooden walkway leading down to the Pitt Meadows Regional Airport float plane dock. (Contributed photo)
Friends of Semiahmoo Bay to host virtual World Wetland Day event

Webinar event to feature six speakers, to be held Feb. 2

One of the Choices Lottery grand prize packages includes a home located at 16730 19 Ave., Surrey. (Contributed photo)
Two South Surrey homes featured in Choices Lottery

Tickets on sale now for BC Children’s Hospital lottery

Sources team members (left to right) Carrie Belanger, Abby Gemino, Tatiana Belyaeva, Yasmin de Joya-Pagal cheer during the 2020 Coldest Night of the Year event. This year’s event will be virtual due to the COVID-19 pandemic. (Sources photo)
White Rock’s Coldest Night of the Year fundraiser goes virtual

Annual walk raises funds for variety of Sources programs and services

An Amica White Rock resident receives the COVID-19 vaccine during a Jan. 15, 2021 clinic. (Tracy Holmes photo)
PHOTOS: South Surrey seniors grateful for ‘freedom’ of COVID-19 vaccine

Vaccination clinics at Fraser Health long-term and assisted-living sites were to wrap up Jan. 15

An animated Gordie Hogg introduces his 'Community Connections' videos. (YouTube screenshot)
Community Connections: Gordie Hogg speaks with Scott Ackles

Former mayor, MP began posting conversations on YouTube in June

RCMP were called to the 5600 block of 201A Street just after midnight on Monday were they found a 27-year-old man in an underground parking garage who had sustained multiple shot wounds. (Lisa Farquharson/Langley Advance Times)
27-year-old taken to hospital after overnight targeted shooting in Langley

RCMP have not confirmed the incident is link to the Lower Mainland gang conflict

U.S. military units march in front of the Capitol, Monday, Jan. 18, 2021 in Washington, as they rehearse for President-elect Joe Biden’s inauguration ceremony, which will be held at the Capitol on Wednesday. (AP Photo/J. Scott Applewhite)
Biden aims for unifying speech at daunting moment for U.S.

President Donald Trump won’t be there to hear it

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Williams Lake physician Dr. Ivan Scrooby and medical graduate student Vionarica Gusti hold up the COSMIC Bubble Helmet. Both are part of the non-profit organization COSMIC Medical which has come together to develop devices for treating patients with COVID-19. (Monica Lamb-Yorski photo - Williams Lake Tribune)
Group of B.C. doctors, engineers developing ‘bubble helmet’ for COVID-19 patients

The helmet could support several patients at once, says the group

A 17-year-old snowmobiler used his backcountry survival sense in preparation to spend the night on the mountain near 100 Mile House Saturday, Jan. 16, 2021 after getting lost. (South Cariboo Search and Rescue Facebook photo)
Teen praised for backcountry survival skills after getting lost in B.C.’s Cariboo mountains

“This young man did everything right after things went wrong.”

Conservative Leader Erin O’Toole holds a press conference on Parliament Hill, in Ottawa on December 10, 2020. THE CANADIAN PRESS/Sean Kilpatrick
No place for ‘far right’ in Conservative Party, Erin O’Toole says

O’Toole condemned the Capitol attack as ‘horrifying’ and sought to distance himself and the Tories from Trumpism

A passer by walks in High Park, in Toronto, Thursday, Jan. 14, 2021. This workweek will kick off with what’s fabled to be the most depressing day of the year, during one of the darkest eras in recent history. THE CANADIAN PRESS/Chris Young
‘Blue Monday’ getting you down? Exercise may be the cure, say experts

Many jurisdictions are tightening restrictions to curb soaring COVID-19 case counts

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic in Toronto on Thursday, January 7, 2021. THE CANADIAN PRESS/Nathan Denette
COVID-19: Provinces work on revised plans as Pfizer-BioNTech shipments to slow down

Anita Anand said she understands and shares Canadians’ concerns about the drug company’s decision

Most Read