Largest settlement in Canadian history: Feds release details of $40B deal
The federal government has unveiled its $40-billion agreement in principle to provide compensation to First Nations children and their families harmed by an underfunded child welfare system and establish long-term reform.
As a result of the largest class action lawsuit in Canadian history, Ottawa will provide $20 billion to children on reserve and in the Yukon who were unnecessarily removed from their homes between April 1, 1991 and March 31, 2022. This extends to their parents and caregivers. Compensation will also be provided to those impacted by the narrow definition of Jordan’s Principle between Dec. 12, 2007 and Nov. 2, 2017.
Children who didn’t receive essential public services between April 1, 1991 and Dec. 11, 2007 will also be eligible for financial reparation.
The second half of the funding will go towards reform of the First Nations Child and Family Services Program, to be spread out over five years.
Approximately $20 billion will support young First Nations adults transitioning out of the child welfare system, as well as bolster prevention mechanisms to keep children at home, in their communities – work that’s expected to start in April, 2022.
This preliminary agreement is contingent on the approval of the Federal Court and the Canadian Human Rights Tribunal (CHRT), which have both ruled that the federal government discriminated against First Nations children.
“It's an acknowledgment of the extreme harms and grief that too many families continue to live with each and every day,” Indigenous Services Minister Patty Hajdu said in a press conference.
One Manitoba woman told CTV News that she was taken from her home at age two under the system and placed in foster care.
“It was up until I was 20, I didn't know if I was Cree, if was Anishinaabe,” she said. “My foster parents didn't really tell me much about my family other than the bad parts.”
If green-lighted, the agreement would put an end to a years-long legal battle that has splintered successive governments’ relationship with Indigenous Peoples in Canada.
In February 2007, the Assembly of First Nations and the First Nations Child & Family Caring Society filed a complaint before the CHRT alleging that the federal government discriminated against First Nations children on the basis of race, national or ethnic origin, by providing inequitable funding of child welfare services on reserve.
In 2016, the CHRT ruled in their favour and ordered the government cease the discriminatory practice and take measures to redress and prevent it and to fully implement Jordan’s Principle.
Jordan’s Principle aims to ensure that First Nations children are given the same access to publicly funded programs and services as all other Canadian children without delay or denial. It applies to children on and off reserve.
Three years later the CHRT ordered the government to pay $40,000 to every First Nations child, parent, and/or grandparent (if the primary caregiver) affected by the underfunded First Nations Child and Family Services since 2006.
The CHRT also decided that eligibility under Jordan’s Principle should be expanded to include two new categories of children under the legal requirement.
In their terms, a child without Indian Act status who is a citizen or member of a First Nation, and a child without Indian Act status but who has a parent or guardian who is eligible for status, should also be entitled to unimpeded government services.
In September, the Federal Court dismissed Ottawa’s appeals of the CHRT compensation ruling days before the first National Day for Truth and Reconciliation. A month later, the government announced that another round of appeals was still on the table but that resolution talks with relevant parties had been launched.
Murray Sinclair, a former senator and chairman of the Truth and Reconciliation Commission of Canada, has led the negotiations.
“I want to thank all parties for their work over the last few months on behalf of First Nations children. The Agreements-In-Principle are an important milestone,” he said in a statement to CTV News on Tuesday.
"I'm looking forward to collaborating over the coming months to secure a positive final outcome.”
Indigenous Services Minister Patty Hajdu, Crown-Indigenous Relations Minister Marc Miller, a host of Indigenous leaders including Cindy Woodhouse, the AFN regional chief for Manitoba, and legal counsel representing class members made the joint announcement on Tuesday.
Woodhouse said more than 200,000 children and families are impacted by the compensation agreement.
“This wasn’t and isn’t about parenting, it’s in fact about poverty, and First Nations children being removed from their families and communities instead of being provided help with food, clothing, or shelter,” she said.
“Today is about a plan for the future with First Nations defining and determining a path forward grounded in our rights and the common goal to have our children succeed.”
The government confirmed that $40,000 – the maximum allowed under the CHRT– is the base line amount to be delivered to those affected. Some may receive more based on the level of harm inflicted.
“$40,000 is not enough to make someone whole but it certainly is a step in the right direction of acknowledging the harm that’s been experienced by individuals,” said Hajdu.
In a subsequent press conference, Cindy Blackstock the executive director of the First Nations Child and Family Caring Society, reminded Canadians the agreement is non-binding and that continued pressure on the government to act is necessary.
“Public pressure, litigation, and all of us paying attention has made a world of a difference. But these are simply words on paper. It is not time to look away, and it’s not time for any of us to exhale,” she said.
Class counsel David Sterns said there are several steps ahead before money can start flowing to eligible families.
First, consultation with First Nations communities, the AFN, and others is required to ensure the distribution of funds is done in a culturally-sensitive manner and in a way that recognizes the “vulnerability” of many members in the class.
Next, they will seek legal approval.
The hope is to accomplish these steps and begin distribution of the largest settlement in Canadian history within the calendar year.
The government also noted they intend to drop their appeal of the CHRT rulings.
At the Cowessess First Nation in Saskatchewan, where hundreds of unmarked graves were discovered at a residential school in 2021, work has already begun to take over responsibility for child welfare.
Chief Cadmus Delorme told CTV News that includes “success stories of repatriating children with their families, investing in mothers so that they can make sure that their children remain with them, investing in grandparents so that they can have a little respite.”
With files from CTV National News Senior Political Correspondent Glen McGregor.
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
Child under 5 dies of measles in Ontario: PHO
A young child has died of measles in the province, a new surveillance report from Public Health Ontario confirms.
NEW Pack the macaroni necklace: Lessons on evacuations from a woman who fled one of Canada's worst wildfires
Carol Christian had 15 minutes to evacuate her home during the Fort McMurray wildfires in 2016. She ended up losing the house and everything inside. Now, she wants to share the lessons she learned.
NEW 'Ugly produce': One way Canadians are shrinking rising grocery bills
As the cost of food in Canada has risen, grocery shoppers are looking at ways to reduce their grocery bill, and more are choosing price over beauty, turning to companies that deliver so-called 'misfit' produce at a fraction of the cost.
Think twice before sharing 'heartbreaking' social media posts, RCMP warn
Mounties in B.C. are urging people to think twice before sharing "heartbreaking posts" on social media.
Trudeau calls New Brunswick's Conservative government a 'disgrace' on women's rights
Prime Minister Justin Trudeau assailed New Brunswick's premier and other conservative leaders on Thursday, calling out the provincial government's position on abortion, LGBTQ youth and climate change.
Wildfires burning across Canada: Communities threatened as flames creep closer
Thousands of residents fled Fort McMurray this week, fearing a repeat of the 2016 wildfire that forced out the entire community and torched more than 2,400 homes.
Miller scores late as Canucks grind out 3-2 win over Oilers in Game 5
J.T. Miller scored in the final minute of the game and the Vancouver Canucks came back for a 3-2 victory over the Edmonton Oilers in Game 5 of their second-round playoff series Thursday.
Father charged with second-degree murder in daughter's stabbing death
A father has been charged with second-degree murder in the stabbing death of his 34-year-old daughter in southern Quebec.
Most Canadians support abortion, one-third see Tories as least supportive: poll
Eight in 10 Canadians back a woman's right to an abortion and two in three don't want the notwithstanding clause used to restrict access to abortions, a new poll suggests.
Local Spotlight
Starbucks fan on decades-long journey to visit every store in the world
A Starbucks fan — whose name is Winter — is visiting Canada on a purposeful journey that began with a random idea at one of the coffee chain's stores in Texas.
'Sacred work': Sask. First Nation learning how to conduct its own underground searches
Members of Piapot First Nation, students from the University of Winnipeg and various other professionals are learning new techniques that will hopefully be used for ground searches of potential unmarked grave sites in the future.
'It could mean a cure': Cautious optimism for groundbreaking ALS research at Western
ALS patient Mathew Brown said he’s hopeful for future ALS patients after news this week of research at Western University of a potential cure for ALS.
B.C. musician's song catches attention of Canucks
When Adam Kirschner wrote 'Slap Shot,' he never imagined the song would be embraced by his favourite team.
'We're on standby': Team ready to help entangled right whale in Gulf of St. Lawrence
A team is ready to help an entangled North Atlantic right whale in the Gulf of St. Lawrence.
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.