I'll take that under advisement thanks.
Indigenous child welfare lawsuits and settlements
Sun, 2022-10-30 13:17
#52
Thu, 2022-11-24 19:01
#53
ETA: The Trudeau Liberal government is appealing Canadian Human Rights Tribunal's decision "rejecting Ottawa's $20-billion offer to settle a class-action lawsuit over the chronic underfunding of the on-reserve child welfare system". Government appeals means this case will now extend into 2023, 16 years after its start in 2007. The tribunal rejected the $20 billion settlement because some of the children included in its first tribunal ruling, in which it " found Canada's funding practices were 'wilful and reckless' racism and constituted systematic human rights violations" were left out in the settlement with the Assembly of First Nations. Those left out of the $20 billion settlement with the Assembly of First Nations were "children who weren’t in federally funded child welfare placements".
Indigenous Services Minister Patty Hajdu and Crown-Indigenous Relations Minister Marc Miller told reporters Wednesday afternoon in Ottawa the Liberals want "clarity" on how to address the parts of the deal the tribunal rejected.
"We'll be continuing to work with the parties to compensate children that were removed and harmed, but also today filed a judicial review to have the court look at some of the aspects of the settlement agreement that were not accepted," Hajdu said.
"We do have some disagreements over some elements of the judgment, and, for that reason, we are filing an appeal," added Miller.
The AFN also has issues with the tribunal's decision, which led the advocacy organization to file a court challenge of its own, Manitoba Regional Chief Cindy Woodhouse told a virtual news conference following the federal announcement.
"The AFN will also seek a judicial review to ensure the rights of our children and families are fully respected in this process and that they receive the compensation that's due to them," Woodhouse said.
"We will also continue to press Canada to examine all options including seeking a negotiated resolution to get compensation flowing."
Last week, Woodhouse told CBC News the AFN hadn't "ruled out anything" when asked if the assembly was mulling a court challenge, while the government refused to say what their plans were.
The class-action settlement, announced in January and signed in June, pledged to compensate victims of the discriminatory First Nations child-welfare system, but the entire pact was "conditional" on the tribunal declaring a pre-existing compensation order from 2019 fulfilled.
In an Oct. 24 letter decision, the tribunal said the proposed settlement substantially covered its standing order, but refused to declare it fulfilled because some children included by its compensation ruling would be left out of the class-action settlement.
Anyone directly affected by a federal tribunal order or decision can challenge that decision through judicial review "within 30 days after the time the decision or order was first communicated," according to Canada's Federal Court.
The letter is only a summary and not the tribunal's formal written decision, so the AFN felt it needed to protect its rights while awaiting the full reasons, Woodhouse said. "We're looking forward to the full decision, and in the meantime we're safeguarding ourselves."
The case dates to 2007 when the AFN and Cindy Blackstock filed a human rights complaint with the Canadian Human Rights Commission. In a landmark 2016 decision, the tribunal found Canada's funding practices were racist and constituted systematic human rights violations, a decision which was never challenged.
The tribunal said this racial discrimination was "wilful and reckless" in 2019 when it issued an order for Canada to pay the statutory maximum of $40,000 to each victim and certain family members, which was judicially reviewed last year.
Canada lost that review, and Blackstock, reached by phone following the announcement, said Canada should have complied and paid the victims. "The tribunal made a final order on compensation. That was upheld by the Federal Court, and Canada should've paid it," Blackstock said. "There shouldn't have been any more litigation after that."
Canada has challenged the outcome of that judicial review in the Federal Court of Appeal, and is due to decide what to do with the case by early December. The human rights complaint has already had about 30 legal orders issued over 15 years, and Canada has yet to secure a victory in any legal arena that wasn't later overturned, Blackstock said.
"Canada has lost every single one of those reviews, with the exception of one which was overturned on appeal," she said.
"I don't understand why they're paying taxpayer money on this losing legal battle that also denies children's rights. That to me is so disappointing, and totally against the spirit of reconciliation."
https://www.cbc.ca/news/indigenous/child-welfare-challenge-tribunal-1.66...
Thu, 2022-12-22 21:53
#54
The Canadian Human Rights Tribunal says Indigenous Services minister Patty Hajdu and the Assembly of First Nations (AFN) misled Canadians on their $20B child welfare deal in January after the Harper and Trudeau fought against any compensation since 2007. Hadju, by telling the public that ""$40,000 is the floor and there may be circumstances where people are entitled to more" made it seem like all the indigenous children entitled to compensation would get at least $40,000. The AFN failed to inform those involved that they may not receive full compensation and "in some cases none at all". The CHRT says such a settlement would set a precedent for governments to seek out side deals to avoid full compensation and therefore reduce the ability of the CHRT to protect Human Rights.
I'm shocked. A Trudeau Liberal government minister misleading Canadians. Sadly there are more indigenous children in foster care today than at the height of the residential school system. Furthermore while indigenous people are 5% of the population they "are 53.8% of children in foster care, according to the Canadian census. The more things change, the more they stay the same.
The tribunal came to that conclusion in a Dec. 20 ruling obtained by CBC News that expands on its reasons for rejecting the child welfare agreement. Last October, the tribunal concluded that the deal failed to ensure that each First Nations child and caregiver entitled to compensation under its human rights orders would receive $40,000 — even though Hajdu told the public that was the baseline for compensation. When the final settlement agreement between Ottawa and the Assembly of First Nations (AFN) was first announced last January, Hajdu said that "$40,000 is the floor and there may be circumstances where people are entitled to more."
In its Dec. 20 ruling, the tribunal said the minister's statement left the impression the deal offered enhanced compensation. "Nowhere does the minister say this may not be the case for all the victims/survivors who form part of the tribunal's orders," the ruling said. "This is still a misleading statement." ...
Cindy Blackstock, executive director of the First Nations Child and Family Caring Society, said Ottawa has a habit in its public communications of ignoring the agreement's fine print. "The government wasn't telling the whole truth," said Blackstock, who filed the original human rights complaint with the AFN against Canada in 2007. "That does a disservice to the public." The tribunal also criticized the AFN for not informing victims that they may see their payments reduced or receive nothing at all. "This is clearly misleading and lacking in transparency," the ruling said. ...
The ruling concluded Ottawa and the AFN ignored the "grave injustice" of leaving out victims in a push to finalize the $20-billion settlement. It said Canada is trying to "shield itself" from some tribunal orders by "hiding behind the fact" that the AFN made compromises. "This is only occurring because Canada placed a cap on compensation," the ruling said.
"While the amount of compensation is impressive, what is more impressive is the length and breadth of Canada's systemic racial discrimination over decades, impacting hundreds of thousands of victims who deserve compensation." ...
The tribunal identified four main deviations from its orders in the agreement. It said the agreement:
- Leaves out First Nations children placed in non-federally funded child welfare placements
- Leaves out deceased parents and grandparents
- Offers less compensation to caregivers
- May offer less compensation to victims who were denied essential services under a federal policy known as Jordan's Principle.
Canada argued victims of non-federally funded placements were not part of the orders — but the tribunal said it never limited Canada's liability based on whether a child's placement was funded by Indigenous Services Canada. ...
The tribunal said approving the settlement would be an "absurd interpretation" of the Canadian Human Rights Act and would undermine its ability to protect human rights. The tribunal said it would allow respondents, like Canada, to avoid liability in the future by reaching agreements outside the tribunal's jurisdiction. "The potential for setting a dangerous precedent is significant and could have widespread impacts on the human rights system," the ruling said. In 2019, the tribunal issued orders telling Ottawa to pay the maximum penalty under the Canadian Human Rights Act — $40,000 to each First Nations child and caregiver who was harmed by the on-reserve child welfare system or was denied essential services.
It covers all First Nations children placed in the foster care system from Jan. 1, 2006, to a date to be determined by the tribunal. The Jordan's Principle portion of the orders covers the period from Dec. 12, 2007 — when the House of Commons adopted the federal policy — to Nov. 2, 2017, when the tribunal directed the federal government to change its definition of Jordan's Principle and review previously denied requests.
There are more Indigenous children in the foster care system now than at the height of the residential school era. First Nations, Inuit and Métis children account for 53.8 per cent of all children in foster care, according to Statistics Canada's 2021 census. ...
The agreement aims to satisfy the tribunal's compensation orders, along with two class-action lawsuits, by pushing back the date covered by compensation to April 1991, expanding eligibility to about 56,000 more individuals. ...
But the tribunal is worried the agreement applies a "class action lens" to compensation and found the opt-out period from compensation is too short. "This is not healthy reconciliation," the tribunal said. ...
In its ruling, the tribunal said the agreement can be approved if it's amended to fully satisfy the tribunal's orders — or the parties can remove the requirement for the tribunal's approval. This would allow the federal government to settle its class action lawsuits and pay compensation in early 2023. But the government would still have to comply with the tribunal's compensation orders, which it is currently fighting in court.
https://www.cbc.ca/news/politics/canadian-human-rights-tribunal-full-20-...
Tue, 2023-04-04 02:31
#55
It looks like we could finally be on the road to a settlement of the compensation package for the abuses carried out by Canada's indigenous child welfare system. Several steps remain but the proposed $20 billion settlement has been upped to $23.4 billion so that it includes all the children involved, instead of leaving some out totally and underfunding some others. There is another lawsuit settlement of $20 billion that has not been affected by this agreement, bringing the total package t0 $43.4 billion.
The Assembly of First Nations (AFN) and the First Nations Child and Family Caring Society (FNCFCS) announced Monday that they’ve agreed to a $23 billion settlement to compensate survivors of the government run child welfare system.
“The Canadian Human Rights Tribunal [CHRT] has been clear there was more work to do to satisfy its orders to ensure Canada provided proper compensation and other remedies for the racial discrimination imposed on First Nations by Canada,” said AFN Regional Chief Cindy Woodhouse in a statement. “I firmly believe we have reached the best possible agreement to compensate our children and families harmed by Canada’s discrimination.”
The deal agreed upon is worth $3 billion more than the original one proposed by the federal government and the AFN in 2022. The negotiations for compensation started after a 2016 ruling where the CHRT found that Canada discriminated against First Nations children in the provinces and Yukon because it paid less for child welfare services on-reserve than for services offered to children off-reserve. It ordered that the federal government pay each child and parent or caregiver, $40,000 – the maximum award allowed under the tribunal’s powers.
On Jan. 1, 2022, Canada made an announcement that it signed a massive $40 billion deal with the Assembly of First Nations called the Final Settlement Agreement, or FSA, to settle two class action lawsuits dealing with First Nations child welfare and Jordan’s Principle. Of that money, $20 billion would go towards compensation. But on Oct. 25, 2022, the tribunal, which had to approve it, put the compensation part of the deal on hold saying the deal struck would leave some parties out of the agreement.
“Denying entitlements once recognized in orders is an unfair and unjust outcome that the Tribunal cannot endorse,” said tribunal panel members Sophie Marchildon and Edward Lustig in the 2022 ruling. “The Tribunal decisions provide compensation for children removed from their homes, families and communities as a result of the FNCFS (First Nations Child and Family Services) Program’s discrimination. The FSA narrows it into removed children who were also placed in ISC (Indigenous Services Canada) funded care.”
Cindy Blackstock, executive director of the FNCFCS, argued at the tribunal that the deal needed to be stopped. She said that too many children would be left out including survivors who were sent to a home not paid for by the federal government. Blackstock, along with the AFN, was the original complainant in the case against the federal government when it was filed in 2007.
With $20 billion on the line, the AFN targeted her for arguing against it. But chiefs at a special chiefs assembly in Ottawa in 2022, ordered the AFN to sit down with Blackstock and renegotiate. “The First Nations-in-Assembly gave us clear direction last year that they want to be involved in this process. We are honouring that direction, and I look forward to bringing the revised Final Settlement Agreement to Chiefs at this week’s Special Chiefs Assembly for their approval,” said Woodhouse.
According to the AFN, 300,000 First Nations children, youth and families will be eligible for payment – including children who were placed outside of federal government homes.
“This compensation recognizes the serious harms First Nations, children, youth, and families suffered including unnecessary family separations and the denial of life saving and life wellness services,” said Blackstock in the joint statement with the AFN. To truly honour them and the Residential School and 60’s scoop survivors we must ensure this is the last generation of First Nations children who are hurt by the Government of Canada. That work continues and they are our inspiration to get it right.”
The statement said that First Nations leaders, the tribunal and Federal Court must approve the agreement before compensation is issued.
https://www.aptnnews.ca/national-news/afn-blackstock-announce-23b-child-...
Wed, 2023-04-05 20:56
#56
The CBC News Network is reporting that the Trudeau Liberal government the proposed $20 billion settlement that has been upped to $23.4 billion so that it includes all the children involved. Cindy Blackstock, executive director of the First Nations Child and Family Caring Society (FNCFCS), who took the issue to court 16 years ago argued at the tribunal that the deal needed to be stopped. She said that too many children would be left out of the original deal including survivors who were sent to a home not paid for by the federal government. The next step is that it needs to go before the Canadian Human Rights Council, which had ruled that each child should get $40,000 from the federal government for the injustice done to indigenous children.
Wed, 2023-07-26 18:33
#57
The Canadian Human Rights Tribunal today approved a $23.4-billion settlement agreement for First Nations children, youth and families that were harmed by the federal government’s underfunding of child welfare services for indigenous youth. This could end the 16 year fight for justice for these children unless the Federal or Supreme Court steps in to rule otherwise.
Cindy Blackstock, executive director of the First Nations Child and Family Caring Society, said in a tweet that the next step is for the Federal Court to provide approval.
Blackstock, who has been negotiating the settlement alongside the Assembly of First Nations, said compensation will be paid out until then.
The latest settlement comes more than 15 years after the two organizations jointly launched a human-rights complaint that sparked a years-long legal battle with Ottawa.
The 2007 complaint revolved around allegations that Ottawa’s underfunding of on-reserve child welfare services amounted to discrimination, and that First Nations children were denied equal access to support ranging from school supplies and medical equipment.
Those who qualify for the settlement will receive at least $40,000, with some receiving more, as the government has agreed to pay interest on the payments.
https://www.thestar.com/politics/federal/canadian-human-rights-tribunal-...
Mon, 2024-03-25 16:08
#58
ETA: Although the settlement of three lawsuits against the province of Manitoba involving the lack of funding for Manitoba indigenous children occurred at the provincial level, instead of the federal level in the cases described above, the settlement is once again for the violation Charter rights for vulnerable children. In the settlement of the three cases the province of Manitoba agreed to pay $530 million after a Manitoba Court of Queen's Bench judge found the provincial government improperly kept money from children in care for decades.
The province of Manitoba has agreed to pay out more than half-a-billion dollars after a judge found the government improperly withheld federal monies intended for children in care. The "historic settlement is a significant step forward in rectifying the discrimination endured by vulnerable children in care," according to a joint news release Monday from the government and plaintiffs. The province has agreed in principle to pay $530 million after three class-action lawsuits were filed by Child and Family Services agencies. The deal is subject to court approval.
In 2022, a Manitoba Court of Queen's Bench judge ruled Manitoba's decision to order CFS agencies to give the money from the federal children's special allowance (CSA) to the province, which occurred from 2006 to 2019, was unconstitutional and discriminatory against Indigenous and disabled children. It's estimated the province improperly took more than $334 million — including $251 million from Indigenous CFS agencies — in benefits.
"This settlement represents a significant victory, unequivocally holding the province accountable for its unjust targeting of vulnerable children," Grand Chief Cathy Merrick of the Assembly of Manitoba Chiefs said in a statement.
Manitoba Keewatinowi Okimakanak called the agreement long overdue. "Finally, First Nations children in the care of the CFS system who were denied a benefit by the government, will be compensated not just for the loss of benefits they were rightfully entitled to but for the terrible loss of opportunity the CSA was intended to provide," Grand Chief Garrison Settee said in a statement.
This federal money was meant to ensure children in care get the same federal funding that other children get through the Canada child benefit and child disability benefit. The settlement will compensate every child affected by the province's actions, including interest and additional monies for other damages and costs, through the creation of a resolution fund, the news release said. The funds will also cover legal fees.
The province previously argued it deserved the money since it was paying the cost of looking after the children. The clawback started in 2006 under the NDP government. The Progressive Conservatives, elected in 2016, ended the practice after three years, and in 2020 tried to ban any legal challenge against Manitoba. A judge struck down that section of the law. The former PC government decided last year not to appeal the ruling that it improperly withheld the money.
Nahanni Fontaine, the NDP government's families minister, commended the settlement reached by the parties. "Our government believes that every child matters and this agreement is an important step forward," she said in a statement. "This settlement is an example of how our government is prioritizing reconciliation through action."
David Chartrand, president of the Manitoba Métis Federation, said the settlement is a victory for the children. "The MMF will do what it takes to ensure that every child who is eligible for this settlement receives every penny they are owed," he said in a news release.
https://www.cbc.ca/news/canada/manitoba/manitoba-530-million-settlement-...