Peggy
Ottawa will try to renegotiate its $20 billion compensation package for those affected by the First Nations child welfare system, according to court records.
Federal officials are expected to begin “intense confidential discussions” on February 7-8 to rework the $20 billion compensation deal that was rejected last fall by the Canadian Human Rights Tribunal, a letter says filed in Federal Court.
The Trudeau government is trying to salvage the multi-billion dollar deal it struck with the Assembly of First Nations last year. The agreement was supposed to compensate First Nations children and their families for the chronic underfunding of the child welfare system and other family services on reserve.
“I’m hopeful, but I’m also aware that the Prime Minister originally said he would compensate these children in 2019,” said Cindy Blackstock, the First Nations child advocate who initiated the case there. 16 years old.
“Yet not a penny of compensation has been spent. So a promise to pay is not a payment.
Blackstock, executive director of the First Nations Child and Family Caring Society, will participate in negotiations with the government. She will be joined by AFN representatives and class action lawyers who have tried to resolve two lawsuits with the $20 billion offer.
The deal included two parts: $20 billion in compensation and an additional $20 billion for long-term reform of the on-reserve child welfare system.
The compensation portion required the approval of the Canadian Human Rights Tribunal (CHRT) before it could go to the Federal Court for final approval.
In 2016, the CHRT ruled on Ottawa’s on-reserve child welfare system and its delivery of health care discriminated against First Nations children. In 2019, he ordered Canada to pay the maximum penalty under the Canadian Human Rights Act: $40,000 in compensation for each affected child and caregiver.
Under the $20 billion deal, 300,000 First Nations people were eligible for compensation.
The CHRT rejected the deal last fallclaiming that it has harmed some victims and excluded others who are entitled to compensation. He also accused the government and the AFN to mislead the public by not disclosing the fact that their $20 billion child protection compensation deal left out some victims and reduced payouts for others.
Can the case be saved?
The offices of Indigenous Services Minister Patty Hajdu and Crown-Indigenous Relations Minister Marc Miller told CBC News in a joint statement that the government is committed to following through on the compensation.
“This is a historic $20 billion First Nations-led agreement, and we will continue to work with the parties to provide compensation to those who are entitled to it,” the statement said.
So far, the government has not committed to putting more money on the table and is focused on distributing the $20 billion.
In its reasons for rejecting the deal, the CHRT advised the government to place its $20 billion in an interest-bearing trust for victims. Blackstock said that was the right approach.
“We’re going to build on the good parts of this final settlement agreement, but make it better by making sure no one sees their compensation disappear or be reduced,” she said.
“They can put more money on the table.”
Blackstock told CBC News she wants Ottawa to provide more comprehensive support for First Nations children, which could include help with housing, food, mental health and employment.
She also urges the government to hire a team of archivists and genealogists, with appropriate cultural support, to help children and families find their personal records.
The parties are expected to report to the Federal Court on the status of the talks by February 10.
In the meantime, the federal government still seeking judicial review of the CHRT’s decision rejecting the original $20 billion deal and its 2019 compensation order.
The AFN is also appealing the CHRT’s fall 2022 decision as it questioned the organization’s authority, but suspended its judicial review until talks resume.