Canada signs $20B compensation agreement on First Nations child welfare
The federal government has signed a $20-billion final settlement agreement to compensate First Nations children and families harmed by chronic underfunding of child welfare on reserve, which Indigenous Services Canada said Monday was the largest such deal in Canadian history.
“First Nations children deserve to be surrounded by love and live free of discriminatory government policy,” Cindy Woodhouse, the Manitoba regional chief at the Assembly of First Nations, said in a statement Monday.
“And after three decades of advocacy and months of negotiations, I'm proud to say on behalf the AFN that we have reached another historic milestone for our children and their families.”
The agreement, reached between Canada, the Assembly of First Nations and plaintiffs in two class-action lawsuits, also accounts for the federal government's narrow definition of Jordan's Principle. It was designed to ensure jurisdictional squabbles over paying for services for First Nations kids does not get in the way of those services being provided.
“The parties have agreed on a plan for settling compensation claims to recognize the families and people who have suffered tremendously through discriminatory and systemically racist child-welfare practices,” Indigenous Services Minister Patty Hajdu said in an interview.
The federal government announced in January it had reached agreements in principle, which includes $20 billion for compensation and another $20 billion to reform the First Nations child-welfare system over five years. The full $40 billion was earmarked in the 2021 fiscal update.
The First Nations Children and Family Caring Society and the Assembly of First Nations first filed a complaint under the Canadian Human Rights Act in 2007, arguing chronic underfunding of on-reserve child-welfare services was discriminatory when compared to services provided by provincial governments to children in other communities.
Ottawa pays for child welfare on reserve, but only matches the provincial spending if kids are placed in foster care. The result is far more child apprehensions and family breakups than necessary, and fewer services and supports to help families manage through a crisis.
Data from the 2016 census shows fewer than eight per cent of Canadian children under the age of 15 are Indigenous, but Indigenous youth make up more than half the children under 15 in foster care.
The Canadian Human Rights Tribunal ruled in 2016 that the federal government had discriminated against First Nations children. The Liberal government appealed that ruling, asking a court to quash it. The court declined.
In 2019, the tribunal ordered the government to pay the maximum compensation it could order -$40,000 - to every child who was needlessly removed from their families since Jan. 1, 2006, and also to parents or grandparents whose children were taken away.
The tribunal also ruled that the criteria needed to be expanded so more First Nations children could be eligible for Jordan's Principle.
The federal government also challenged the tribunal's orders in Federal Court, and last fall appealed the ruling upholding it.
But that appeal was paused pending negotiations with Indigenous leaders on the compensation program. Former senator Murray Sinclair, who chaired the Truth and Reconciliation Commission, was hired to help facilitate the talks.
The agreement has now finally been signed by all parties and filed with the Federal Court. Both the court and the Canadian Human Rights Tribunal will need to approve the settlement before any money is handed out.
Hajdu said she's not able to say when people will be able to apply for and receive compensation, but the AFN said it expects that to happen next year.
The other $20 billion intended for long-term reforms includes funding over five years for the First Nations Child and Family Services program.
Hajdu said that negotiation is more complex, and requires the creation of “built-in mechanisms to ensure that children get equal and adequate care, and increasingly, that Indigenous communities have the tools they need to seize that control of that care themselves.”
Those reforms will largely occur under Bill C-92, passed in June 2019, which affirms the jurisdiction for child-welfare services in Indigenous communities rests with the Indigenous families and communities themselves.
This report by The Canadian Press was first published July 4, 2022.
IN DEPTH
Budget 2024 prioritizes housing while taxing highest earners, deficit projected at $39.8B
In an effort to level the playing field for young people, in the 2024 federal budget, the government is targeting Canada's highest earners with new taxes in order to help offset billions in new spending to enhance the country's housing supply and social supports.
'One of the greatest': Former prime minister Brian Mulroney commemorated at state funeral
Prominent Canadians, political leaders, and family members remembered former prime minister and Progressive Conservative titan Brian Mulroney as an ambitious and compassionate nation-builder at his state funeral on Saturday.
'Democracy requires constant vigilance' Trudeau testifies at inquiry into foreign election interference in Canada
Prime Minister Justin Trudeau testified Wednesday before the national public inquiry into foreign interference in Canada's electoral processes, following a day of testimony from top cabinet ministers about allegations of meddling in the 2019 and 2021 federal elections. Recap all the prime minister had to say.
As Poilievre sides with Smith on trans restrictions, former Conservative candidate says he's 'playing with fire'
Siding with Alberta Premier Danielle Smith on her proposed restrictions on transgender youth, Conservative Leader Pierre Poilievre confirmed Wednesday that he is against trans and non-binary minors using puberty blockers.
Supports for passengers, farmers, artists: 7 bills from MPs and Senators to watch in 2024
When parliamentarians return to Ottawa in a few weeks to kick off the 2024 sitting, there are a few bills from MPs and senators that will be worth keeping an eye on, from a 'gutted' proposal to offer a carbon tax break to farmers, to an initiative aimed at improving Canada's DNA data bank.
Opinion
opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster
A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?
opinion Don Martin: The doctor Trudeau dumped has a prescription for better health care
Political columnist Don Martin sat down with former federal health minister Jane Philpott, who's on a crusade to help fix Canada's broken health care system, and who declined to take any shots at the prime minister who dumped her from caucus.
opinion Don Martin: Trudeau's seeking shelter from the housing storm he helped create
While Justin Trudeau's recent housing announcements are generally drawing praise from experts, political columnist Don Martin argues there shouldn’t be any standing ovations for a prime minister who helped caused the problem in the first place.
opinion Don Martin: Poilievre has the field to himself as he races across the country to big crowds
It came to pass on Thursday evening that the confidentially predictable failure of the Official Opposition non-confidence motion went down with 204 Liberal, BQ and NDP nays to 116 Conservative yeas. But forcing Canada into a federal election campaign was never the point.
opinion Don Martin: How a beer break may have doomed the carbon tax hike
When the Liberal government chopped a planned beer excise tax hike to two per cent from 4.5 per cent and froze future increases until after the next election, says political columnist Don Martin, it almost guaranteed a similar carbon tax move in the offing.
CTVNews.ca Top Stories
2-hour wildfire evacuation notice issued for some Fort McMurray neighbourhoods
A wildfire evacuation alert for some Fort McMurray residents has been updated to a two-hour evacuation notice.
LIVE NOW Sask. RCMP provide update on 'significant' sexual assault, child exploitation investigation
Saskatchewan RCMP are set to provide an update on what the service calls a 'significant' sexual assault and internet child exploitation investigation.
Maximum payout for LifeLabs class-action drops from $150 estimate to $7.86
Canadian LifeLabs customers who filed an application for a class-action settlement began receiving their payments this week, though at a much lower amount than initially expected.
Alice Munro, Nobel literature winner revered as short story master, dead at 92
Nobel laureate Alice Munro, the Canadian literary giant who became one of the world's most esteemed contemporary authors and one of history's most honoured short story writers, has died at age 92.
Latest updates on air quality alerts, and when the smoke may reach Ontario and Quebec
Wildfires have led Environment Canada to issue air quality advisories for parts of B.C., Alberta, Manitoba, Saskatchewan and the Northwest Territories, as forecasters warn the smoke could drift farther east.
American sought after 'So I raped you' Facebook message detained in France on 2021 warrant
An American accused of sexually assaulting a Pennsylvania college student in 2013 and later sending her a Facebook message that said, 'So I raped you,' has been detained in France after a three-year search.
Are these Canada's best restaurants? Annual top 100 list revealed
The annual list of Canada's top restaurants in the country was just released and here are the places that made the 2024 cut.
1 killed, 3 injured in head-on crash on Hwy. 417 in Ottawa
Ontario Provincial Police are responding to a fatal collision involving two vehicles on Highway 417 in Ottawa's west end on Tuesday morning.
Significant police presence as Israeli flag flies at Ottawa City Hall
The Israeli flag is flying at Ottawa City Hall today to mark the country's national day, with plans to hold a private ceremony to mark Israel's Independence Day. There is a significant police presence at City Hall, including security barriers outside the main doors.
Local Spotlight
Thieves caught on camera stealing pet chicken from North Vancouver backyard
A $200 reward is being offered by a North Vancouver family for the safe return of their beloved chicken, Snowflake.
Adopted daughter in the Netherlands reunited with sister in Montreal and mother in Colombia, 40 years later
Two daughters and a mother were reunited online 40 years later thanks to a DNA kit and a Zoom connection despite living on three separate continents and speaking different languages.
'Reimagining Mother's Day': Toronto woman creates Motherless Day event after losing mom
Mother's Day can be a difficult occasion for those who have lost or are estranged from their mom.
Chris Hadfield inspires youth musical in Sudbury
YES Theatre Young Company opened its acclaimed kids’ show, One Small Step, at Sudbury Theatre Centre on Saturday.
Ottawa pizzeria places among top 20 deep-dish pizzas in the world at international competition
An Ottawa pizzeria is being recognized as one of the top 20 deep-dish pizzas in the world.
From outer space? Sask. farmers baffled after discovering strange wreckage in field
A family of fifth generation farmers from Ituna, Sask. are trying to find answers after discovering several strange objects lying on their land.
Wilfrid Laurier football player drafted despite only playing 27 games in his entire life
A Listowel, Ont. man, drafted by the Hamilton Tigercats last week, is also getting looks from the NFL, despite only playing 27 games of football in his life.
Federal government bans watercraft from Manitoba lake popular with tourists
The threat of zebra mussels has prompted the federal government to temporarily ban watercraft from a Manitoba lake popular with tourists.
Toronto-area dessert shop featured by Keith Lee forced to move after zoning complaint
A small Ajax dessert shop that recently received a glowing review from celebrity food critic Keith Lee is being forced to move after a zoning complaint was made following the social media influencer’s visit last month.