OTTAWA—The Assembly of First Nations (AFN) has endorsed a multi-billion-dollar settlement for children and families affected by the federal government underfunding of on-reserve child and family services. The chiefs also called on Prime Minister Justin Trudeau to make a formal and meaningful apology to the plaintiffs and victims in the case.
“It is good news,” stated Glen Hare, Ontario Regional Chief. “An additional $3 billion has been secured from the federal government along with the original $20 billion in compensation. The government and prime minister had reviewed the decision (made by the Canadian Human Rights Tribunal) and their decision to agree with the decision came to us. It was approved and signed by the AFN chiefs.” The original $20 billion deal had shortchanged some victims and left others out altogether.
The Canadian Human Rights Tribunal (CHRT), which will have to give its final approval on the amended deal, had rejected the original $20 billion compensation package that the federal government had negotiated with the parties, which had thrown the settlement into question The tribunal had concerns as to whether all children would receive the $40,000 it says they are owed and also expressed concerns with the timelines proposed for claimants to opt out.
The compensation is one part of a $40 billion deal the federal government struck with tribunal complainants and two related class actions over its underfunding of on-reserve child welfare, with the remaining $20 billion for long-term reforms.
As has had been reported previously, in 2019 the CHRT ordered the federal government to pay $40,000 in compensation to First Nations families and kids who were wrongfully separated as a result of its underfunding of on-reserve child welfare, prompting two class-action lawsuits. The new agreement includes about 13,000 more children who were put in foster care placements that were not funded by Indigenous Services Canada, the estates of deceased parents and children, and caregivers denied essential services under a policy known as Jordan’s Principle. Under the negotiated deal, each of these individuals are expected to receive $40,000 plus interest.
The federal government then began negotiations with the AFN in 2021 to settle the suits and ultimately agreed to spend $20 billion on reforming the child-welfare system and another $20 billion on compensation.
Prior to the AFN chiefs meeting last week, the AFN along with the First Nations Child and Family Caring Society of Canada announced that a revised settlement had been reached, which will include 13,000 more children and other amendments that it felt would satisfy the tribunal’s concerns.
Cindy Blackstock, executive director of the First Nations Child and Family Caring Society told CBC News that this should be the final step in an intense legal battle that started in 2007 when she and the AFN filed a human rights complaint against Canada.
“Canadians have been really rallying around the point that we need to have justice for these children, and we need to give them the fair compensation that they deserve,” Ms. Blackstock told CBC News. “I’m not feeling that we’ve left anything major on the table.”
Manitoba Regional Chief Cindy Woodhouse, the AFN’s lead negotiator on the deal, said the addition of the 13,000 children acknowledges the harm done to them.
“My heart goes out and I think about those people,” Ms. Woodhouse told CBC.
In 2016, the CHRT found the government had discriminated against First Nations children by under-funding on-reserve child welfare services. The tribunal said Canada’s actions led to “trauma and harm to the highest degree, causing pain and suffering,” and ordered the government to compensate those affected.
The AFN chiefs have also called on Prime Minister Justin Trudeau to make a “formal and meaningful” apology to the plaintiffs and victims.
