Miller 'dumfounded' appeal dropped over Catholic Church's residential school payments
Newly named Crown-Indigenous Relations Minister Marc Miller says he wants to get to the bottom of why Ottawa abandoned its appeal of a ruling releasing the Catholic Church from its settlement obligations to residential school survivors.
"I am as puzzled as everyone," he told The Canadian Press in a recent, wide-ranging interview."
"I don't know what there is to do yet."
The ruling, handed down by a Saskatchewan judge in July 2015, found a deal had been struck between the federal government and a corporation of Catholic entities. That deal released the church groups from their remaining obligations within the $79-million worth of payments and in-kind services owed to survivors under the Indian Residential School Settlement Agreement, approved in 2006.
That included, for example, a "best efforts" fundraising campaign to generate $25 million, for which court only heard the groups raised around $3 million since the agreement took effect in 2007.
Today, the efforts made by Catholic bodies to relieve itself of responsibilities under the historic arrangement face renewed scrutiny as First Nations searching former residential school sites confirm the discovery of what are believed to be hundreds of unmarked graves of Indigenous children forced to attend them.
Thousands told the Truth and Reconciliation Commission of Canada that they had been neglected, starved, and both physically and sexually abused at the church-run, government-funded institutions.
Several questions have been raised around why survivors didn't receive more compensation from the Catholic Church, including why the federal government discontinued its appeal filed not long after the 2015 decision came down.
"I question why that refusal to appeal occurred," Miller said.
"As everyone, I'm dumbfounded by it. End of the day the whole point was about compensation."
At the heart of the legal ruling was a dispute between a government lawyer and counsel for the Catholic entities about whether they had agreed to let the groups walk away from all obligations outlined in the settlement in exchange for $1.2 million, or only resolved a more specific part of those obligations.
The disagreement occurred as they went back-and-forth communicating details of the arrangement. It ultimately fell to the court to resolve the issue, with Catholic entities contending they had a deal covering the entire settlement and Ottawa asserting that wasn't true.
After the federal government lost its case, it filed a notice to appeal in August 2015. Overshadowing the matter at the time was a federal election campaign consuming the country, which ended that October with the former Conservative government falling to current Liberal Prime Minister Justin Trudeau.
By November, a government lawyer submitted another document to Saskatchewan's Appeal Court. This time, it contained a single sentence saying it was abandoning the appeal.
Miller, who was then a rookie MP from Quebec not yet invited into cabinet, said he hasn't seen the final agreement releasing the Catholic bodies from their obligations, but wants to have a look.
"I absolutely do want to see it. I want to get to the bottom of it," he said.
Miller enters the Crowns-Indigenous Relations office after critics and First Nations leaders called for former minister Carolyn Bennett to be dumped.
She was criticized both for a text she sent to Indigenous, then Independent MP Jody Wilson-Raybould which the former justice minister labelled as racist, as well as not doing enough to advance the department's mandate of building a new nation-to-nation relationship with Indigenous communities.
Hours after being sworn into his new role, Miller said last week that land was at the centre of that relationship, and it was time to "give land back."
"It's sort of unfair to have piecemeal examples of which particular parcel could be returned," he said, outlining how his department must work alongside other federal ministries, like defence, to find ways for lands to be bought back.
"It needs to sit squarely in people's minds that the relationship that has become broken with Indigenous Peoples did start with land, and it will be solved by returning land."
The Liberals' commitment to reconciliation has been tested over the past six months, not only by the discovery of unmarked graves, but also its ongoing court battle around compensating First Nations children who lived on-reserve without adequately funded child and family services or were separated from their families through foster care.
More tension arose after Trudeau traveled to Tofino, B.C., to spend time with his family on Sept. 30, the country's first National Day for Truth and Reconciliation. The stated purpose of the new statutory holiday is to honour residential school survivors through taking time to reflect and attending in-person commemorations.
Trudeau has said travelling that day was a mistake, and has since visited B.C.'s Tkemlups te Secwepemc nation after not responding to their initial invitation to do so on Sept. 30.
Asked what the Prime Minister's trip did to the government's process of trying to build trust with First Nations, Miller said it "doesn't help."
"I think the Prime Minister would be the first to recognize that."
This report by The Canadian Press was first published Nov. 6, 2021
---------
If you are a former residential school student in distress, or have been affected by the residential school system and need help, you can contact the 24-hour Indian Residential Schools Crisis Line: 1-866-925-4419
Additional mental-health support and resources for Indigenous people are available here.
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
B.C. seeks ban on public drug use, dialing back decriminalization
The B.C. NDP has asked the federal government to recriminalize public drug use, marking a major shift in the province's approach to addressing the deadly overdose crisis.
Orca calf that was trapped in B.C. lagoon for weeks swims free
An orca whale calf that has been stranded in a B.C. lagoon for weeks after her pregnant mother died swam out on her own early Friday morning.
Trump's lawyers try to discredit testimony of prosecution's first witness in hush money trial
Donald Trump's defence team attacked the credibility Friday of the prosecution's first witness in his hush money case, seeking to discredit testimony detailing a scheme between Trump and a tabloid to bury negative stories to protect the Republican's 2016 presidential campaign.
Sophie Gregoire Trudeau on navigating post-political life, co-parenting and freedom
Sophie Gregoire Trudeau says there is 'still so much love' between her and Prime Minister Justin Trudeau, as they navigate their post-separation relationship co-parenting their three children.
Air traveller complaints to Canadian Transportation Agency hit new high
The Canadian Transportation Agency has hit a record high of more than 71,000 complaints in a backlog. The quasi-judicial regulator and tribunal tasked with settling disputes between customers and the airlines says the backlog is growing because the number of incoming complaints keeps increasing.
More than 115 cases of eye damage reported in Ontario after solar eclipse
More than 115 people who viewed the solar eclipse in Ontario earlier this month experienced eye damage after the event, according to eye doctors in the province.
'I was scared': Ontario man's car repossessed after missing two repair loan payments
An Ontario man who took out a loan to pay for auto repairs said his car was repossessed after he missed two payments.
76ers All-Star centre Joel Embiid says he has Bell's palsy
Philadelphia 76ers All-Star centre Joel Embiid has been diagnosed with Bell’s palsy, a form of facial paralysis he says has affected him since before the play-in tournament.
U.S. flight attendant indicted in attempt to record teen girl in airplane bathroom
An American Airlines flight attendant was indicted Thursday after authorities said he tried to secretly record video of a 14-year-old girl using an airplane bathroom last September.
Local Spotlight
'It was instant karma': Viral video captures failed theft attempt in Nanaimo, B.C.
Mounties in Nanaimo, B.C., say two late-night revellers are lucky their allegedly drunken antics weren't reported to police after security cameras captured the men trying to steal a heavy sign from a downtown business.
Fergus, Ont. man feels nickel-and-dimed for $0.05 property tax bill
A property tax bill is perplexing a small townhouse community in Fergus, Ont.
Twins from Toronto were Canada's top two female finishers at this year's Boston Marathon
When identical twin sisters Kim and Michelle Krezonoski were invited to compete against some of the world’s most elite female runners at last week’s Boston Marathon, they were in disbelief.
Mystery surrounds giant custom Canucks jerseys worn by Lions Gate Bridge statues
The giant stone statues guarding the Lions Gate Bridge have been dressed in custom Vancouver Canucks jerseys as the NHL playoffs get underway.
'I'm committed': Oilers fan won't cut hair until Stanley Cup comes to Edmonton
A local Oilers fan is hoping to see his team cut through the postseason, so he can cut his hair.
'It's not my father's body!' Wrong man sent home after death on family vacation in Cuba
A family from Laval, Que. is looking for answers... and their father's body. He died on vacation in Cuba and authorities sent someone else's body back to Canada.
'Once is too many times': Education assistants facing rising violence in classrooms
A former educational assistant is calling attention to the rising violence in Alberta's classrooms.
What is capital gains tax? How is it going to affect the economy and the younger generations?
The federal government says its plan to increase taxes on capital gains is aimed at wealthy Canadians to achieve “tax fairness.”
UBC football star turning heads in lead up to NFL draft
At 6'8" and 350 pounds, there is nothing typical about UBC offensive lineman Giovanni Manu, who was born in Tonga and went to high school in Pitt Meadows.